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WITH AN APPENDIX, I CONTAINING THE PROVINCIAL FRANCHISES OF ONTARIO, QUEBEC, NOVA SCOTiA, NEW BRUNSWICK, MANITOBA, BRITISH COLUMBIA, AND PRINCE EDWARD ISLAND. BT THOMAS HODGINS, M.A., ONB OP HBR MAJESTY'S COUNSBIi, AND EDITOR OF UODGINS' BLBCTION OASBS, MANUAL ON VOTBRB' LISTS, ETC. '^i TORONTO: ROWSELL & HUTCHISON, LAW PUBLISHERS. 1886. -..u. -...'-'..; i^(o(o1 4 ENTERBiD according to Act of the Parliament of Cat.ada. in the year 1886. by Thomas Homim, at the Department of Agriculture. '■) I // R0W8ELL AND HUTCHISON, PRINTKRS, TORONTO. ' >^. PREFACE. The object of this book is to provide a full summary of the law affecting all classes of cases relating to the Electoral Franchise, which are likely to arise under the Canadian Act of 1885. The annotations aim at embodying all the leading cases which have been decided under analogous statutes in England, and in the various Provinces ; supplying such brief comments as may be useful. References have also been made to decisions in the American Courts, where they add to the force of, and further illustrate, the English cases. The notes of cases illustrating the meaning of the terms " resi- dence" and "actual occupation," — which constitute an important element in the qualification of voters, — have been made very full. It ma}" be found difficult in a few instances to harmonize some of the English judicial decisions referred to in the notes. The excuse of Brett, L.J. (now Lord Esher, M. R.) will perhaps explain the reason: "I can only answer that if Judges seem to talk nonsense, it is because Parliament has written nonsense :" Bradley v. Baylis, 8 Q. B. D. 235. Short summaries have also been givpn of the Canadian Statutes relating to the Electoral Franchise sinc^ 1791 ; and of the Provin- cial Acts relating to Elections, and to the Property of Married Women, — affecting as they do the right of husbands to qualify and vote in respect of their wives' properties. :;l1 [ av. Preface. The provisions of the various Provincial laws relating to the qualifications of voters at Provincial Legislative Elections will be found in the Appendix. The franchise, and the mode of exercising it, are questions of great interest and importance to all who have the right to participate in the administration of civil government. And because of that right in civil government, it has been said that the inclination of the Courts is to favor the right of suffrage. The time judicial canons may be more accurately stated thus : (1) In construing Acts regulating the franchise the rule is, not to decide in favor of the vote, but according to the intention of the Legislature, as expressed in the language used according to its plain ordinary sense. (2) In determining questions of value the leaning should be in favor of the franchise. A writer on the law of elections has also well said : "It is important that the provisions as to Suffrage should be carried out in their simplest and most natural sense, without the introduction of artificial or technical constructions:" McCrary on Elections, 43 L Influenced by these views, the Editor has spared neither time nor labor, in compiling and grouping together the references and cases which illustrate them, and the salient points of this new law relating to the Canadian Franchise ; so that Revising Officers and Counsel engaged in the Revision Courts — away from their libraries — may find the work a ready and reliable manual, aiding them to fulfil the statutory command : "to do justice to all parties." T. H. ^M m INDEX OF CASES. A. Page. Acland v. Gaisford 30 Acorn (The) 63 Adams v. Looniis 27 Agnew V. Fowler 163 Alexander v. Newman 65, 66 Allen V. House 160 .. Re 101 AUentown 102 Almon V. Fairbanks 142 Amy V. Supervisors 173 Ancketill v. Bay lis 83 Andrew, lie 149, 161 Anelay v. Lewis 30 Anon. (1 Salk.) 55 Atkinson v. Collard 98. 102 Auley V. Topham 163 Austin's Jurisprudence 124 B. Baines, Be 123, 177 Bampde v, Johnston 76 Bank of B. N. A. v. Mcllroy .... 166 It Toronto v. Fanning 74, 87 Barber v. Wood 155 Barnes v. Peters 35 II V. AVilliams 155 Barrow v. Wadkin 61 Bastien v. Hoffman Ill Baxter v. Newman 33 [Barley v. Nantwich 129 JBeauchamp (Earl)v.Madresfield.59, 106 [Beaver v. Watson 64 [Bedford 63, 109, 138 [Bedfordshire 67, 70 I. (Bonfield's Case) .... 31 II (Brasier's n ) 26 II (Conquest's n ) 26 la B. Page. Bedfordshire (Joyce's Case) .... 26 II (Marshall's n ) 51 II (Trotman's n ) ..31, 34 Beenlen v. Hockin 127 Bennett v. Brumfitt 128 Benwell, Ex parte 77 Beswick v. Ashworth 66 Beverley's Case 57 Bewdley 58, 139 II (Evans's Case) 75 II (Edmonds's m ) 76 Birks V. Allison 118 Bishop V. Helps 129 Blackstone's Commentaries.. 13, 14, 41, 92, 93, 142, 143 BoUen v. Southall 157 Bond V. St. George 67 Boon's Case 164 Boon V. Howard 35 Bootle V. Greenwood 33 Boston 109 Bourdoin v. Jodoin 20 Bourke v. Murphy 103 Boustead v, Whitmore 27 Bouvier's Law Dictionary . . . .43, 150 Bradley v. Baylis 83, 84 Brenuan, Itc 99 Brewer v. McGowen 94 Bright's Husband and Wife ... .24, 75 Brightley on Elections 63 British Am. Land Co. v. Stimpson 19 British & Am. Tel. Co. v. Colson.. 129 Brockville 37, 38, 100, 118 II (Bacon's Case) 63 (Caldwell's i, ) 3S II (Dunham's n ) 34 11 (Francis's n ) 38 .. (Gilroy's „ ) ..39, 67, 95 2 Index of Cases. B. Page. Brockville (Healey's Case) 64 II (Johnson's n ) 39 II (Leslie's n ) 27, 38 II (McArthur'sM ) 35 „ (Whaley's ,. ) 39 (Wiltse'a „) 39 Brook, Re 140 Broom's Constitutional Law .... 59, 60 II Legal Maxims. .130, 138, 140, 166, 168 Brown v. Grand Trunk R. W. Co. 64 II V. Ingram 41, 57 „ V. West Ill Brough on Elections 19, 37 Brumfitt V, Bremner 142 Brunneau v. Massue 123 Bulwer v. Norris 33 Burge's Colonial & Foreign Laws. 21, 56 Burroughs on Taxation 77 Burton v. Brooks 32 II V. Langham 36 Butler V. Butler 76 Byrne's Case 72 Callis on Sewers 42 Calvin's Case 59, 60 Cambridge (Amey's Case) 100 II (Lyon's Case) 75 Camidge v. Allenby 126 Campbell's Lives of Lord Chan- cellors 167 Canada Gazette 62, 113 Carroll v. Beggs 117 n V. Foulkes 52 Catharine v. Surrey 41 Centre Wellington 145, 151 Chalmers's Opinions 15 Chaloult V. Begin 19 Chambers on Elections 27, 29, 81 Chandler v. Attorney-General ... 19 Chapman v. Hall 56, 59 Chase v. Miller 76, 99, 132, 158 Chatillon v. Can. Mu. Fire Ins. Co. 64 Chilcott V. BuUen 101 Chitty's Archibold's Practice . .53, 155 C. Page. Chorltonv. Lings. 17, 40, 41, 42, 57, 107 " V. Stretford 09 Christinsen's Case 61 Churchill v. Crease 84 Cirencester 35 Civil Code, L. C . . 18, 19, 20, 21, 39, 61, 70, 71, 73 Clark's Colonial Law 15, 56 Clark V. Bury St. Edmunds.. 35, 39, 160 I, V. Fuller 52 Coates V. Lisle 51 Cobbett V. Hudson 166 Coke upon Littleton.. . .22, 25, 29, 67, 92, 93, 99, 139 Coke's Institutes 57, 99 Code of Civil Procedure, L. C , . 156 Cogan V. Luckett 67 Colchester (Jeffrey's Case) 57 Collier v. King 32, 160 CoUingwood v. Pace 59 Colvill V. Lewis 52, 126 II V. Wood 50 Committee on Parly & Muu. Elec. 49 Commons Debates (Can., 1885)110, 159 Compton V. Pope 33 Comyns's Digest 187 Connolly v. Woolrich 56 Converse v. Michie 53 Coolev's Constitutional Law .... 62 Cook V. Butler 50 II V. Humber 83 Cork 159 Cornwall 56 Corse V. Corse 56 Cote, Ex parte 115 Cottle V. Metropolitan R. W. Co.. 49 Coulter and Smith, Be 27 ,1 i?e 66 Coventry 139 Cowburn v. Wearing 157 Cox's Antient Parly. Elections . , 14 Cox and Grady on Elections 49, 74, 76 M v. Hickman 92 II V. Morgan 126 Cricklade 91 Crooks v. Watkins 158 Croucher v. Brown 160 Index of Gases. 3 Page. . ... 61 .... 84 . . . . 35 21, }, 71, 73 . . 15, 56 I, 39, 160 . . . . 52 . ... 51 , ... 166 29, , 99, 139 ..57,99 , . 156 ... 67 ... 57 .32, 160 ... 59 .52, 126 ... 50 lee. 49 110, 159 33 187 56 53 62 50 83 159 56 56 115 49 27 66 139 157 14 74, 76 92 126 91 158 160 C. Page. Cnisoe d. dem. Blencowe v. Bugby 34 Cull V. Austin 71, 157 Curtis V. Marsh 53 Cushing V. Dupuy 19 Cuthbertson v. Butterworth .... 35 D. Dale V. Hamilton 92 Daniel v. C'amplin 118 Darley v. Darley 26 Dashwood v. Ayles 157 Davies v. Hopkins 127, 128 „ V. McKeeby 151 Davis on Registration 39 ti V. Canada Far, Mut. Ins. Co. 166 Daw V. Metropolitan Bd. of Wks. 166 Dean v. Green 177 DeBoinville v. Arnold 167 DeGeer v. Stone 61 Dias V. DeLivera 25 Dicey on Parties to Actions 124 Dimes v. Grand Junct. Canal Co . . 140 Dingman v. Austin 27 Disney's Case 141 Dixon V. Olmius 26 Dobson V. Jones 35 Doe d. Clarke v. Thomson 155 II Sheldon v. Ramsay Ill II Watson V. Jefferson 125 Doe Fitzgerald v. Finn 37 II Hannington v. McFadden . . 56 II Hay V. Hunt 60 II Patterson v. Davis 60 Donegani v. Donegani 59 Donnelly v. Donnelly 40 Dormer v. Fortescue 73 Dove V. Dove- 69 Down 109 Druitt, Re 99 Dublin (Hyland's Case) 36 Dufferin 59 Duigenan's Case 33 Dundalk 60 i Dundas 58 I Dunlop v. Higgins 129 j Durant v. Carter 75 D. Page. Dwarris on Statutes 29, 169 Dyce Sombre, Re 140 E. Elliott on Parly. Electors. .25, 29, 33,55, 58, 63,71, 98, 99 Ellis V. Thompson 126 Emes V. Barber 65 Entick V. Carrington 168 Evans & Fynche s Case 35 Evesham 109 F. Fallon, Ex. parte 125 Fawcett v. Burwell 49 Fee V. Mcllhargey 151 Fernandez, Ex parte 160 Ferrar's Case . . . 39 Fields V. ' Adams 82 Fisher v. Keane 1 12 Fitch V. Weber 61 Fleming v. Hill 39 Flounders v. Donner 117 Forbes v. Cochrane 60 Force v. Floud 128 Ford V. Barnes 74: I" V. Boon 157, 167 II V. Drew 98, 102 II V. Hart 74, 98 II V. Hoar 72 II V. Pye 75,76 Fordyce v. Bridges 168 Foster, Re 66 M v. Usherwood 143 Fowke V. Draycott 75 Fox V. Dalby 36 Freeman v. Newman 127 II V. Tranah 160 6. Gadsby v. Warburton 118 Galbraith v. Fortune 69 Galway 82 Garden v. Cresswell 155 Gibboney v. Gibboney 69 Index of Cases. G. Page. Giblin, i?c.. 69 Gibson V. Michael's Bay Lumber Co. 53 Gilham v. Harris 51 Gilleland v. Wadsworth 156 GiUies, Re 39 Girard v. Lemieux 21 Giraud, Be 61 Gloucester 31 (2 0'M. &H.) 109 Gloucestershire 31 Goderich Voters' List, /?e. 119, 131, 133 Godsell V. Innous 127 Goldie V. Taylor 24 Gooday v. Clark 59 Gorman, Re 39 Gothard v. Clarke 117 Grace v. Smith 92 Gratton v. St. Scholastique . . . .85, 114 Gray v. Pearson 136 Great Grimsby 57 Great Marlow 35, 75 Greaves v. Ashlin 115 Greenock 100, 132 Grenville v. College of Physicians. 150 Griffin v. Rising 172 Groenvelt v. Burwell 150 Grover v. Bontems 129 Guy V. Guy 20 Guyer v. Smith 60 H. Hadfield's Case 33 Hakewel's Modus Ten. Parliamenii 107 Hall V. Brush 52 II V. Yates 91 Halton (1841) 41 Hammond v. McLay 112 Harding v. Cardiff 101 Harper v. Charlesworth 37 Harris's Case 129 Harrison's Municipal Manual .... 114 Harrison v. Williams 169 Harrop v. Hirst 124 Hartley v. Hurle 26 Harwich (1st) 139 H. Page. Hathaway v. Gumming 77 Haydon v. Crawford 36 Hay ward v. Brinkworth 50 Heelis v. Blain 33 Henderson v. McLean 37 II V. Weis 24 Henrietta v. Booth 83 Henry v. Armitage 117 Hesketli v. Blanchard 92 Heydon v. Ti verton . , 33 Hey wood on ji^lections . . 14, 29, 30, 31, 41, 57» 59 Hickton v. Autrobus 127 High on Extraordinary Remedies. 151 Hinton v. Hiuton 117 Hoey's Case 141 Holroyd v. Marshall 30 Holme's Case 92 Holt V. Lyle 41 Hopkins v. Provincial Ins. Co ... , 64 Horton v. Stamford 157 Howitt V. Stephens 157 Hoyland v. Bremner 66 Huckle V. Piper 68 Huddersfield 109 Hudson on Elections . . 14, 23, 41, 54, 55, 57, 58 Hughes V. Budd 52 „ V.Chatham 36,84 II V. Griffith 52 II V. Marshall 58 II V. Rees 20 Humbolt's American Researches . . 44 Hunt V. Hibbs 115, 116 Huntingdon 139 Hurley v. McDonell 69 I. Ipswich 109 J. Jackson v. Young 170 Jarman's Conveyancing 26 Jeffrey v. Kitchener 98 Jenkins v. Betham 49 Index of Cases. jes. 151 ... 117 ... 141 ... 30 , . . . 92 ... 41 . . . . 64 .... 157 .... 157 . . . . 6G . . . . 68 . ... 109 41, 57,58 .. 52 .36,84 .. 52 .. 58 .. 20 es . . 44 115, 116 . 139 . 69 J. Page. Jenkins v. Martin 37 Jennings v. Robertson 30 Jodin V. Varennes 115 Johnston v. Flood 94 II V. Provincial Ins. Co. . . 129 Jones, Ex parte 58 V. Jones 118, 125, 127 II V. Reynolds 69 Joseph Hall Manufacturing Co. . . 168 Judson V. Luckett 118 K. Kamouraska Electoral Lists 19, 55, 59, 85, 95, 114 Kavanagh v. Phelon 66 Kearney's Case 67, 158 Keating v. Moises 57 Kent's Commentaries 43 Kerr v. Stripp 25 King V. Burrell 172, 173 II y. King 30 Kirton v. Dear 32 Knaggs V. Ledyard 33 L. Langlois v. Baby 64 Latham's Ethnology of Brit. Col . . 44 II Varieties of Man 43 Laughtenborough v. McLean .... 114 Lawless v. Sullivan 78 Leather Cloth Company v. Ameri- can Leather Cloth Company . . 126 Leclferc v. Beaudry 20 Lee V. Priaux 26 Lees and Judge of Carlton, Re . . 143 Leigh & LeMarchant on Elections. 144 Lely & Foulkes on Elections . . 57, 101 IjCs Sceurs de I'Hotel Dieu v. Mid- dlemiss 21 Lester v. Garland 53 Levy V. Lindo 30 II v. Moylan 143 Lewis V. Evans 129 Leyman v. Lattimer 58 Lichfield (Stringer's Case) 27 Lincoln(2A.R.).. 86, 114, 116,118,137 L. Page. Lincoln (2) (Andrews's Case) 61 „ (Clarke's m ) ..31,34 M (Gibson's n ) 100 II (Johnson's u ) . . . . 64 II (Mulrennan's m ) . . . . 60 II (Shenck' m ) .... 64 L'Orignal Voters' Lists, i?s.l32,133, 161 London V. Great Western R. Co. . 49 Luckett V. Bright 94 II V, Knowles 118 Ludlam v. Ludlam 60 Lyme Regis t\ Lynch v. Clarke 60 M V. Wheatley 72 M. Male on Elections 57, 59 Mallory v. Hart 19 Malmesbury 57 Manitoba Law Journal 160 March, Re 25, 93 Marcotte v, Paquin 116 Marshall v. Bown 66 Mather v. AUandale 120 Mason v. Harris 51 Maunsell v. Ainsworth 155 Maxwell on Statutes 103 May v. May 66 Mersey Docks v. Birkenhead 49 Merrick v. Sherwood 27 Mesure v. Britten 62 Meyer v. Sharpe 92 Meyler v. Metcalfe 94 Middlesex (Anstey's Case) 32, 35 (Baker's n ) 100 II (Barbre's m ) 63 11 (Chase's n ) 23 ,1 (Rice's II ) 31 .1 (Smith's II ) 31 II (Solomon's n ) 63 Migneault v. Malo 22, 56 Mills' Colonial Constitutions .... 15, 56 Mittleberger v. Whitehead 127 Moore's Case 72 Moore v. Carisbrooke 30 Moorehouae v. Linney 117 « Index of Cases. 1 1 1 1 M. Page. Moorhouse v. Gilbertson 70 Monmouth 57, 109, 138 Morgan v. Parry 119, 131 Montgomery v. Graham 60 Montreal Centre 136 Morse on Citizenship 73 Motz V. Moreau 45 Mulhem V. Fortune 34 Mu ns V. Surrey 84 Muuro V. Merchant 60 Murray's Case ^ 36 Murray v. Thorniley 33 Mo. McAnnany v. Tickett • 69 McCann v. Waterloo Fire Ins. Co. 129 McCarger v. McKinnon 78 McCrary on Elections. .13, 17, 64, 105 McCucMg V. Unity Ins. Co 48 McCulloch and Judge of Leeds and GrenviUe.... 37,128, 137, 150, 173 Macdonald v. Lamb 19 McDougall V. McMillan 64 McGinnes v. Kennedy 69 Mclntyre v. Mclntyre 36 McKinnon v. Proud 52 McLean v. Pinkerton 52 McLoughlin's Case 34 McMahon, Re , 68 McManus v. McManus 156 McNab V. McFarlane 36 McNiffe V. Tiernan 127 McNitt V. Clark 101 N. Neale, Be 99 Nettleton v. Burrell 137 New Windsor 51, 109 Newton v. Crowley 66 ti V. Hargreaves 66 , , . n V. Harland 156 II V. Moberly 66 Niagara (1841) 51 NicnoUa v. Bulwer 157 II V. Gumming ....50,128,158 Page. N. Nickle V. Douglas 116 Nicolson on Elections 51, 59, 108 Nokes V. Gibbon 141 Nolan V. Fox 24 Northallerton 76, 109 North Simcoe 72 North Victoria 72, 105, 118 North York 138 Noseworthy v. Buckland 119 129 Nott & Gibbon's Types of Man . . 43 Nunn V. Denton 51, 118 0. Oakwell Collieries, lie 141 Oberlin v. McGregor 36 O'Flaherty v. McDowell 103 Oldham 137 M (Baxter's i. ) 76 M (Brown's n ) 117 I. (Frith's .1 ) 139 I, (Harper's u ) 139 I. (Hestor's n ) 139 II (Lees' II ) 139 II (Ogden's n ) . . . . 139, 142 (Scholefield's „ ) 101 O'Loughlen, Ex parte 14JI Olive V. Ingram 41 Onions v. Bowlder 126 Onslow V. Bailiflf of Haslemore . . 65 Orme's Case 33 Orme on Elections 58 Osborne v. Bank of United States. 141 II V. Earnshaw 6?) O'Shea v. Meara 33 Oxford (Ont.) 58 Oxfordshire 57 P. Palcrave's Parliamentary Writs . . 14 Park V. Humphrey 34 Parker v. Campion 84 Parsons and Toms, He 125, 151 Partridge v. Wellbank 157 Passingham v. Pitty 160 Pater, Mic parte 143 ■■t« ':! I I Index of Cases. Page. ... 116 , 59, 108 ... 141 ... 24 .76, 109 . . . . 72 105, 118 'M .... 138 '91 .119 129 ■Hh 1 .. 43 '« .51, 118 .... 141 ^M . . . . 36 .... 103 .''j^H .... 137 . . . . 76 .... 117 ....139 :# .... 139 .... 139 .... 139 139, 142 .... 101 .... 143 .... 41 .... 126 J .. 65 .... 33 .... 58 ites. 141 .... 69 .... 33 if .... 58 .... 57 ts.. 14 ... 34 ... 84 125, 151 ... 157 ... 160 ... 143 Page. Pawsey v. Armstrong 92 Pearce v. Morrice 171 Peterson v. Balfotir 141 Petherbridge v. Ash 164 People V. Allen 170 „ V. Cook 170 ,1 V. Pease (Rivinot's Case) . . 63 Pharmaceutical Society v. London, &c.. Supply Association 124 Phayre w McDonel 117 Phillips V. Bury 112 Phillpotts V. Phillpotts 65 Philpott V. St. George's'Hospital.. 158 Pitts V. Smedley 164 Plowden's Commentaries 14 II Jtira Anqlorum 60 Points V. Attwood .* 126 Pollard, Ke 143 Polybank v. Hawkins 24 Pomeroy's Constitutional Law 43 Powell on Evidence 130 II V. Boraston 51 I. V. Bradley 55, 131 II V. Farmer 51 II V. Guest 58, 74 Prescott 27, 63, 99, 118, 120 Preston's Conveyancing 29 Pretty v. Solly 166 Pritchard v. Ames 26 Pritchard's Natural History 43 II Physical Historj' of Man 43 Proudfoot V. Barnes 125, 137 Prowse V. Foot 112 Pryce v. Belchers 124 Prynne's Brevia Parliamentaria.lA, 41 Putnam v. Johnson 102 Q. Quintal v. Mondon 19 Queen v. St. Catharines Lumber Co. Ill Queen City Kefining Co 16 R. Rawlings v. Burgis 30 Rawlins v. West Derby. 52, 126, 129, 164 R. Page. Reading (Barthe's Case) 63 Reardon's Case 94 Reed v. Lamb 146 Reg. ex rel. Bartliffe v. O'Reilly. . 136 Carroll v. Beckwith.61, 63 Cham^'iers v, Allison 117 137 Cheyne v. Tilt ! 30 Crozier v. Taylor 160 Davis v. Wilson 160 Dundas v. Niles 116 Ford v. Cottingham . . 137 Forward v. Bartels . . 35 Gibb V. White 43 Lutz v. Hopkins .... 53 McVean v. Graham . . 60 RoUo v. Beard 160 Stock v. Davis 32 Telfer v. Allan 126 White v. Roach 126 Regina v. Baby Ill II v. Mayor of Belfast 94 II v. Bishop of Oxford 110 It v. Brighthelmstone 74 II v. Coote 55 II v. Cornwall Court of Re- vision 129, 164 II v. Dover 131 II V. Gamble & Boulton .... 55 II V. Glamorganshire 150 II V. Hagar 39 II V. Harrald 40, 42 II V.Hartlepool 128 II V. Harwich 119 II V. Lichfield 119 II V. Lord John Russell .... 155 II V. McMahon 62 II V. Mercer 55 II V. Middlesex (Justices) . . 52 I V. Monmouth 131 M V. Norwood 76 I V. Poor Law Commis'rs . . 52 M V. Pah-mah-gay 43 II V. Palmer 150 II V.Robinson 116 II V. Rochester 150 II V. Shropshire (Justices) . . 53 Index of Cases. R. Page. Regina v. Southampton 77, 150 II V. St. Catharines Lumber Co Ill II V. Strong Ill M V. Thwaites 117 Reid's Intellectual Powers 17 Rendelsham (Lord) v. Haward. .55, 59 Rex V. Archbishop of Armagh ... 84 II V. Barker 150 II V. Cumberland (Justices) .... 53 II V. Ditcheat 74 II V. Duke of Richmond 74 II V. Geddington 30 II V. Inhabitants of Rufifbrd. . . . 170 II V. Justices of Leicester .... 170 II V. Larwood 112 II V. Leicester 105 M V. Llantillo Grossenny 30 II V. Loxdale 171 II V. Maidstone 169 ,1 V. Mitchell 97, 98 ., V. Pitt 58 M V. Sergeant 74 II V. St. Nicholas, Colchester . . 33 II V. II Rochester . . 33 II V. Swyer 1 12 II V. Sparrow 170,171 II V. Unsworth 35 „ V.Wilkes 141 II V. Windham 150 Reynolds Ex 2Mrte 43 Richardson v. Police Comr's 150 Riley v. Crossley 66 Ripon 67, 138 Ritchie v. Putnam 63 Robinson v. McQuaid 128 Roberts v. Percival 32 II V. Drewett 32 Roblin V. Roblin 24 Rogers on Elections.. 14, 23, 25, 27, 30, 34, 55, 57, 58, 65, 67, 71, 74, 83, 101, 120, 139, 159, 161 II V. Harvey 94 II V. Rajendro Dutt 124 Ross V. Parkyna 92 Rorke v. Errington 143 Ryder v. Hamilton 139 S. Page. Salisbury 109 Sangster v. Nov 52 Sanders's Justinian 25 Salter v. Hughes 59 Savage v. Deacon 59 Scarborough v. Borman 25 Score V. Huggett 35 Scott V. Dickson 125 II V. Paquet 45 ,1 V. Metcalf 83 Seton V. Slade 30 Shaftesbury 158 Shannon v. Hastings Mut. Ins. Co. 129 Sharpe v. De St. Sauveur 61 Shedden v. Patrick 60 Sherwin v. Whyman 157, 164 Sheffield v. Bennett 70 Sherlock v. Steward 68 Simeon on Elections 54 Simpson and the Judge of Lanark, Re 128, 164 II V. Delisle 20 II V. Hartman 29, 64 II V. Scoifcish Union Co. . . . 150 ,1 V. Wilkinson 163, 164 Sinclair's Div. Courts Acts . . 155, 169 Sligo 107 Slingsby's Case 112 Smith, Ex parte 77 I. V.Clay 126 II V. Foreman 68 II V. Hagett 121,127 II V. Holloway 128 It V. James 131 II V. Lancaster 35 Smartle v. Penhallow 37 Southampton 64, 109 South Grenville 37 II (Fitzgerald's Case) 95 II (Holden's n ) 32 (Jones's II ) 23 I. (Lundy's i. ) 32 II (Morrow's n ) 32 II (Mullen's „ ) 32 II ^Noblin's „ ) 39 II (Place's Case) ..31, 60 South Eastern R. Co. v Ry. Comr's 110 Index of Cases. 9 Page. • • • * 109 • ■ • • 52 25 59 .... 69 • * • • 25 • • • - 35 .... 125 .... 45 .... 83 .... 30 , 158 .Co. 129 61 .... 60 .157, 164 • • • • 70 .... 68 .... 54 lark, .128, 164 20 ...29 ,64 ) . . . . 150 .163, 164 .155, 169 • • • • 107 • • • ■ 112 • ■ • ■ 77 t • « • 126 68 .121, 127 128 131 • • • • 35 • • • • 37 ..64, 109 • • • • 37 ^ase) 95 " ) 32 .. ) 23 •• ) 32 .. ) 32 •• ) 32 .. ) 39 ..3] L, 60 mr'e 110 s. Page. tSouth Huron 59 iSouth Wentworth 115 jSpragins v. Houghton 63 3pratt V. Spratt 63 ^pence's Origin of Laws 21, 25 5pencer v. Harrison 31 5quire, q. t. v. Wilson 49 state V. McLean 170 II V. Newark 150 II V. Daniels 172 Stark V. Chesapeake Ins. Co ... . 62 5t. Dunstan, lie Charity Schools . 140 Btamper v. Sunderland 35, 83 .Startup V. Macdonald 115, 128 .Stephens's Blackstone 142 1. on Elections .23, 24, 25, 26, 31, 33, 34, 40, 61, 65, 67, 126, 158 ^Sterling v. Fredericton 78 ^Stewart v. Bowman 19, 22, 56 M V. Howe 60 Story's Equity Jurisprudence . .22, 23 .fitowe V. Joliflfe 47, 107 -Stormont 37, 72 I. (Blair's Case) 31, 36 (Braydon's Case) 31 38 32 38 31 38 34 38 35 32 (Bullock's II (Cahey's II (Eamon's ; II (GoUinger's II (Gore's (Hill's II (Raney's II (Rupert's (Weort's ISItuart V. Baldwin .' 73 . " V. Ives 18, 19 «|utton V. Sutton 60 4yinonds v. Hallett 40 T. lanner v. Carter 98, 102 |arr v. McGahey 172 [aunton 36, 83 ravistock 27 laylor on Evidence 5(), \z6, 169 T. Page. Taylor v. Phillips 62 „ V. St. Mary Abbott 97 Tennant, Ex parte 92 Theobald v. Duffoy 24, 75 Thompson v. Ingham 161 Thornley v. Aspland 66 Tliouin V. Leblanc 19 Tildesley v. Harper 157 Tipperary (Mitchell's Case) 58 Toder v. Sansam 66 Tomkins v. A shby 169 Toms V. Cuming 127 I V. Luckett 36 Townsend v. Marylebone 167 Trimelston's Case (Lord) 60 Trotter v. Walker 128 II V. Watson 32 Tullett V. Armstrong 26 Tullidge V. Orr 103 Tyrrell v. Hope 26 U. Uniacke v. Dickson 56 United States v. Anthony 41 ,1 V. Babcock 168 United Trust Co. v. U. S. Fire Ins. Co 170 V. Vance's Case 32 Vattel's Law of Nations 60 Viner's Abridgement 37, 42, 60 Vrooman v. Shucrt 126 W. Wadmore v. Dean 33 Wadsworth v. Marshall 155 Walker v. Payne 101 Wall V. Bright 30 Wallis V. Birks 32 Wansey v. Perkins 36 Wareham 138 Waters v. Thorn 49 Wataon v. Cotton 61 10 Index of Statutes. W. Page. "Watson V. Eales 53 11 V. Pears 136 .. V. Pitt 126 Weaver v. Burgess 24 Weberstadt's Case 61 Weir V. Matheson Ill Webb V. Fairmaner 136 Weldon v. DeBatiie , 76 Wendover (Bening's Case) 57 West on Peers 41 ., Elgin 72 II Toronto 53 Westminster 64 White V. Pring 165 Whitley v. McCleane 51 Whitmore v. Bedford 51 Withorn v. Thomas 75 Whittaker, Re 70 Wigan (Corless's Case) 72 It (Lyon's n ) 57 II (Nathan's m ) 75 n (Part's I, ) 71 Willis V. Maciachlan 143 W. Page. Wilkinson v. Britton 126 Williams v. Burgess 125 11 V. East India Co hO I. V. Whiting 77 Willet V. DesGrosbois 56 Wilson's Prehistoric Man 44 Wilson V. Marryat 61 II V. Salford 40 Wood V. Chapin 170 „ V. Willisden 118 II V. Hopper 64 Woodfall's Landlord and Tenant 69 Woodward v. Sarsons 116 W^orkman v. Robb 37 Wright's Tenures 42 Wright V. Mills 5» II V. Stockport 35 Y. Yeo V. Betts 33 York (U. C.) 59 Yorkshire 31 INDEX OF STATUTES. Imperial Acts. Paoe. 28 Edward 1, c. 8 14 7 Henry 4, c. 15 14 1 Henry 5, c. 1 14 8 Henry 6, c. 7 14, 29 27 Henry 8, c. 10 33 29 Charles 2, c. 3 69, 159 7 William 3, c. 4 58 7 &8 William 3, c. 25.. 23, 42, 65, 66, 91 6 Anne, c. 37 61 7 Anne, c. 5 ..... , 60 10 Anne, c. 9 65 1 George 1, c. 3 61 2 George 2, c. 7 22 Imperial Acts. Page. 13 George 2, c. 7 61 18 George 2, c. 18 29,65 20 George 2, c. 44 61 22 George 2, c. 45 61 2 George 3, c. 25 61 13 George 3, c. 21 61 14 George 3. c. 83 21, 22, 55, 56 20 George 3, c. 17 17 ,1 3, c. 20 61 31 George 3, c. 31 15, 22 33 George 3, 0.4 63 7 & 8 George 4, c. 37 108 1 William 4, c. 20 22: Index of Statutes. 11 Imperial Acts. Page. 2 & 3 William 4, c. 45, .23, 71, 94, 100, 113, 122 3 & 4 Victoria, c. 35 15 6 Victoria, c. 18. . . .23, 116, 120, 121, 125, 127,12:, 131, 134, 138, 145, 148, 163, 165 13 & 14 Victoria, c. 21 17, 42 28 Victoria, c. 36 146 30 & 31 Victoria, c. 3 (B. N. A. Act) 16, 56 n c. 102.. 4J, 68, 94, 108, 109, 132, 158 31 & 32 Victoria, c. 65 144 35 & 36 Victoria, c. 33.. 47, 105, 108, 109, 132, 133, 144 36 & 37 Victoria, c. 66 . . (Jud. Act, 1873) 163 41 & i2 Victoria, c. 26. .101, 125, 137, 141, 160 45 & 46 Victoria, c. 75 . .25, 27, 40, 75 48 Victoria, c. 15 101 Indian Evidence Act. 1872 130 Upper Canada Acts. 32 George 3, c. 1 55 40 George 3, c. 3 15, 55 60 George 3, c. 2 15 1 George 4, c. 2 15 4 George 4, c. 3 15 5 George 4, c. 33 15 9 George 4, c. 21 60 7 William 4, 0,14 17 Lower Canada Acts. Provincial Ordinance, 1764 22 9 George 4, c. 77 ., 22 9 & 10 George 4, c. 77 22 Canada (Province) Acts. 12 Victoria, c. 10 17 c. 27 16, 18,20 16 Victoria, c. 153 16, 67 18 Victoria, c. 7 16 II c. 87 16 Canada (Province) Acts. Page. 22 Victoria, c. 82 18, 20 c. 10, (1859) . . 18 C. S. C, c. 5 71 c. 6 ..16, 18, 67, 95, 107, 109 C. S. U. C, C.2 17 .1 c. 94 55 C. S. L. C, 0. 21 48 c. 41 21 c 43 21 29 & 30 Victoria, c. 13 95 Canada (Dominion) Acts. 31 Victoria, c, 1 . .17, 42, 53, 115, 123 n c. 66 61 32 & 33 Victoria, c. 29 57 c. 31 161, 167 34 Victoria, c. 20 16 c. 22 62 35 Victoria, c. 13 .. . 16 36 Victoria, c. 27 16 37 Victoria, c. 9. . 16, 58, 101, 105, 106, 107, 108, 109, 144, 146, 153, 171 0. 10 46,57,106 38 Victoria, c. 7 129 41 Victoria, c. 6 146 43 Victoria, c. 28 42, 110, 111 c. 34 156 44 Victoria, c. 13 62 Ontario Acts. 32 Victoria, c. 21 94, 117 R. S.O. c. .99, 114, 120, 124, 134 140, 150, 151. 164 0. 10. .44, 99, 105, 144, 179, 185 c. 38 156 0.49 166 0.50 166 c. 92 23, 55 c. 98 69 0.125 27 c. 136 71 c. 174 33, 99 c. 180 48, 69, 114 12 Index to Appendix. Ontario Acts. Page. 41 Victoria, c. 21 115 44 Victoria, c. 5 (Jud. Act) 156 47 Victoria, c. 19 27 48 Victoria, c. 2 16, 95, 179, 185 Quebec Acts. ^Civil Code, L. C. . . 18, 19, 20, 21, 39, 61, 70, 71, 73 »Code of Civil Procedure, L. C. . . . 156 .38 Victoria, c. 7 .... 17, 18, 20, 34, 95, 115, 189 39 Victoria, c. 13 190 Nova Scotia Acts. R. S. N.S. c. 21, 4th series 48 II 0. 28, I. 16 I* c. 94, .. 156 II c. 4, 5th series 193 47 Victoria, c. 12 28 c. 25 (Jud. Act) .... 156 48 Victoria, c. 2 17, 86, 95, 190 New Brunswick Acts. New Brunswick Acts. Page. 156 27 . . 28, 48, 95, 194 0. S. N. B. c. 37. .. c. 72. ,1 c. 100 Manitoba Acts. C. S. Man. c. 3 17, 86, 95, 195 c. 34 158 c. 65 28 47 Vict'^ria, c. 11 47 British Columbia Acts. 36 Victoria, No. 29 28 38 Victoria, No. 2 17, 104, 200 39 Victoria, No. 5. . . .17, 102, 104, 198 42 Victoria, c. 22 104, 199 46 Victoria, c. 18 28 Prince Edward Island Acts. 18 Victoria, c. 37 ..^7 Victoria, c. 4 . ^. S. N. B. c. 4., 16 48 .17, 86,95, 194 19 Victoria, c. 23 Victoria, c. 24 Victoria, c. 29 Victoria, c. 41 Victoria, c. 42 Victoria, c. II c. 21 27, 104,204 35 29 34 .'.'.".i'7, 103, 104, 201 10 204 14 104,201, 204 1 205 2., 104,201,204 INDEX TO APPENDIX. Page, ,'British Columbia Franchise (38 Vic. No. 2 ; 39 Vic. No. 5 : 42 Vic. c, 22). 198 Manitoba Franchise (C. S. Man. c. 3) 195 New P.iunswick Franchise (C. S. N. B. c. 4, and c. 100) 194 Nova Scotia Franchise (R. S. N. S. c. 4, 5th series ; 48 Vic. c. 2) 192 ^Ontario Franchise (R. S. 0. c. 10 ; 48 Vic. c. 2) 179 Prince Edward Island Franchise (19 Vic. c. 21 ; 24 Vic. c. 34 ; 42 Vic. c. 1) 201 Resolutions of the Ontario Revising OflScers 206 Resolutions of the Quebec Revising Officers 201 THE ELECTORAL FRANCHISE ACT. 48 & 49 VICTORIA, CHAP. 40. Canada. An Act respecting the Electoral Franchise, {a) \_Assented to 20th July, 1885.] HER Majesty, by and with the advice and consent of Preamble, the Senate and House of Commons of Canada, enacts as follows : (a) Elective Franchise, or Suffrage, is the political right of the people to participate in their own government, by voting for such Public officers or Parliamentary representatives as are required for the efficient execution of the powers and functions of their government. The i xercise of this right of voting is regulated by the state for the purposes of preserving the vigilance and continuity of its executive, and of perpetuating political liberty, and the protection of individual rights. The purposes therefore being public, the right of voting exists for the be^iefit of the whole people, and not for the benefit of the individual subject or voter. Political liberty and public rights come from the legal restraints of positive law, and not in any institutional sense from nature. And in so far as the right of suffrage partakes of the incidents of both, positive law prescribes the purposes for which the suffrngc is to be exercised, and the conditions and qualifications necessary for its possession and enjoyment, and the causes for which it may be fv.>rfeited. "Suffrage is a political hich every free community reserves to the people, or grants to such Luiuoer and class of persons as it deems best fitted to represent and advance the wants and interests of the whole. No state grants it to all persons, but with such limitations as the interests of all and of the nation require. When once granted it is ncl, a vested irrevocable right, but is held at the pleasure of the power that gave it, and that power may, by a change of law, restrict as well as enlarge it : " McCrary on Elections, 31. The theory of our political system is that the ultimate sove- reignty is in the people, from whom springs all legitimate authority. In England, where the people do not debate in a collective body, but by repre- sentation, this sovereignty consists in the election of representatives : 1 Bl. Com. 170. In the election of knights, citizens and burgesses consists 14 The Electoral Franchise Act. [Pre. the exercise of the democratical part of our Constitution ; for in a Democracy there can be no exercise of sovereignty except by SuflFnige, which is the declaration of the people's will. In all Democracies, therefore, it is of the utmost importance to regulate by whom aud in what m. mer the suffrages are to be given : Ihid. Franchise and libertj' are used as synonymous terms : 2 Bl. Com. 37 In England, prior to 1429 the Elective Franchise was more general, and more akin to Manhood Suffraf,e, than it has ever been since. "Every inhabitant and commoner in every county had a voice in the election of knights, whether he were a freeholder or lot, or had a freehold only of one penny, sixpence, or twelvepence by the yea':" Pryime's Breo. Pari. (1662) 187. The common law placed all elections in the hands of the people ; and the right of election was restricted to those whom the law accounted free. Every elector, therefore, ought to be liber et legalis homo. The test of free- dom was free tenure : Hudson on Elections, 30. The first statute regulating oounty elections provided "that the elections jhould be made at the county court by all they that be there present :" 7 Henry IV. c. 15. A prior statute respecting sheriffs provided that the people shall have election : 28 Edward I. c. 8. The persons assembled at county courts are said to have included all the people, omnis jwpidus: Cox's Ant. Parly. Elections, 25. The return by sheriffs on many Parliamentary writs in 18 Edw. II. is, that "the election has been made by the assent and will of the men of the whole county:" Pal- grave's Parly. Writs, 319. At that time no other qualification than residence ^ j was required of Parliamentary electors : 1 Henry V. c. 1. In 1429, the Act 8 Henry VI. c. 7, defining "what sort of men shall be choosers," required electors to be residents and to have a property qualification as freeholders to the value of 40s. in the county. ' ' This statute first required the electors to have a qualification of freehold to a certain value, thereby, as some think, restoring the aristocratic spirit of the Constitution, which had been lately broke in upon ; or, as other assert, making an inroad upon the liberties of the people by depriving the lower class of freeholders of a privilege they had always enjoyed before: Heywood on Elections, 23. "The statute (8 Hem 7 VI.) presents a strong contrast to the legislation of the preceding reigns. The policy of former Parliaments had been to secure the whole body of the county population in the free and independent exercise of their electoral rights. Several reasons are assigned in the preamble for restricting the franchise. The true grievance appears to have been, not the mere number of the lower class of electors, but that their votes were of equal weight with those f persons of gentle {gentil) condition:" Cox's Ant. Parly. Elections, 113. The provision as to residence, after having been disregarded for centuries, was repealed as "obsolete" by 14 Geo. III. c. 58. In boroughs the qualification of voters was not regulated by any general law until 1832, and appears to have been simply residence and the occupation of a house : Cox's Ant. Parly. Elections, 177. The common law tight of voting in boroughs was held to belong to "inhabitant householders :" Rogers on Elections, 52. Elections were origi- nally made by voices, or by holding up of hands, or such other way wherein it was easy to tell who had the majority, and yet very diflScult to know the cer- tain number of them : and I myself, in London, was elected by holding up of .hands, but I could not tell how many there were that held up their hands : Per Brooke, C. J. (1554) in Plotoden's Comm, 129. See p. 54, post. [Pre. I -s. 1-] TJm Electoral Franchise Act. 15 1. This Act may be cited as ^'■The Electoral Franchise short title. Act" (b) {b) The right of sending representatives to a Legislative Assembly in a colony, and the qualifications of the electors and tne elected, were founded originally on the instructions given by the Crown to the Governors : Chal- mers' Opinions, 270. The electors in some colonies were required to possess A certain landed qualification : Clark's Colonial Law, 39. The qualifications usually prescribed for electors in colonies established by Royal Charter were that they should be householders, or landholders, to the value of 40s. sterling: Mills's Colonial Cons. 201. The Imperial Act, 31 Geo. III. c. 31, which granted a Constitution to the former Provinces of Upper and Lower Canada, after providing for a Legislative Assembly in each province, prescribed one class of voters for counties: doners of lands held in freehold, or xnjief, or in roture, or by virtue of the Governor's certificate, of the yearly value of 40s. sterling ; and two classes of voters for towns : (1) Owners of dwelling houses and lots, held as aforesaid, of the yearly value of £5 sterling ; and (2) Tenants, residents of the town for twelve months before the election, who had paid a year's rent of £10 sterling (s. 20). The further qualifications, retpiired of all to be voters, were : (a) of the full age of 21 years j and [b) a subject of the Crown by birth, naturalization, or conquest. The disqualifications were : (a) being attainted of treason or felony ; or (6) being within the description of persons disqualified by Acts to be passed by the Provincial Legislatures. The disqualifications of voters prescribed by the Upper Canada Acts were : (I) Persons who had sworn allegiance to a foreign state, and had become stated residents therein (40 Geo. III. c. 3 ; 4 Geo. IV. c. 3). (2) Persons (a) whose deeds of land had not been registered three months before the election, or (b) who had not been in the actual possession or receipt of the rents and profits of their land for twelve months before such election (4 Geo. I V. c. 3). In 1820 a member for a University, to be established, was provided for, the elec- tors of which, besides the qualifications required by law, were to be those entitled to vote in the Convocation of the University (60 Geo. III. or 1 Geo. IV. c. 2). In Lower Canada the disqualifications were : (a) not being in receipt of the rents and profits of his land for six months prior to the election, unless within that time the land came to him by descent or marriage (2 Geo. IV. c. 4) ; (6) fraudulent grantees ; and (c) persons guilty of perjury (5 Geo. IV. c. 33). By the Canada Union Act, 3 & 4 Vic. c. 35 (Imp.) it was declared (s. 27) that, until otherwise provided by the Legislature of United Canada, the law^ of Upper Canada, and the laws in force in Lower Canada in 1838, relating to tha qualification and disqualification of voters should be continued. The United Legislature made no provision respecting the qualifi- cation of electors until 1849, when the prior Acts were consolidated in 12 Vic. c. 27, the voters being : in counties, (1) Propi'ietors, of lands held as before mentioned, of the yearly value of £2 4s. S^d. currency (40s. sterling), in actual possession or receipt of the rents and profits thereof for six months before the election, unless the lands came to them by descent, devise, or marriage ; or unless the deed of the same had been registered in Upper 16 The Electoral Franchise Act. [s. 1. Canada three months, or in Lower Canada twelve months before the election ; and in towns, (1) Proprietors of a lot and dwelling-house of the yearly value of £5 lis. l^d. currency (£5 sterling) over and above ground and other rents, and with similar conditions as to possession and registration as in counties ; (2) TenantH who, for twelve months prior to the election, occupied and paid rent of a dwelling-house, or part of a dwelling-house, of the yearly value of £11 23. 2^d. currency (£10 sterling) ; change of residence within the town not to disqualify. In 1853 and 1854 the franchise was defined to extend to three classes of persons— owners, tenants, or occupants of lands : in town- ships, of the assessed actual value of $200, or of the assessed yearly value of f 20 ; and in towns, of the assessed actual value of ^300, or the assessed yearly value of $30 (16 Vic. c. 153 ; 18 Vic. c. 7 ; 18 Vic. c. 87). In 1858 the prior Acts were repealed, and provision was made for certified lists of voters with similar qualifications to those previously defined ; all of which provisions were subsequently consolidated in C. S. C. c. 6, which was in force in Ontario and Quebec at the confederation of the provinces in 1867. The franchise in Nova Scotia was at that time regulated by R. S. N. S. c. 28, the qualifications being : (1) male subject of Her Majesty ; (2) of the age of 2] years ; (3) not disqualified by law ; (4) assessed for real estate to the value of $150, or for personal estate, or personal and real estate, to the value of $300 ; and (5) entered on the registry of voters. In New Brunswick the Act 18 Vic. c. 37, defined those qualifiecl to vote at elections as : (1) Male persons of the age of 21 years ; (2) British subjects ; (3) not subject to any legal incapacity ; (4) assessed for real estate to the amount of $100, or personal property, or real and personal property, ^400, or for $400 annual income. If there was no assessment for the parish, then the possession of the qualification was suffi- cient to entitle the elector to vote. By the B. N. A. Act (s. 51) and until the Parliament of Canada otherwise provided, these laws relative to the voters at elections of members of the House of Assembly or Legislative Assembly in the several provinces, and the oaths to be taken by voters, were made applicable to the elections of members of the House of Commons. Subsequently temporary Acts, adopting the Provincial Franchises f < r the Dominion elections, were passed — in 1871, 34 Vic. c. 20, amended by 35 Vic. c. 13 ; and in 1873, 36 Vic. c. 27. The Dominion Elections Act, 1874 super- seded these temporary Acts, adopted the various Provincial franchises, and provided (s. 40) : that all persons qualified to vote at elections for the j'rovincial Legislature, and no others, should be entitled to vote at elections "or the House of Commons ; and that all lists of voters prepared for such ; i*rovincial elections (where such lists were required to be made) should be the lists of voters for elections to the House of Commons. This Franchise Act repeals the above provisions, but (s. 9) specially adopts for Dominion J]lec- tions the Provincial franchises of British Columbia and Prince Edward Island, and prescribes for the other Provinces a franchise for eight classes of voters : (1) owners, (2) tenants, and (3) occupants of real property, (4) income voters, (5) real property owners' sons, (6) farmers' sons, (7) fishermen, and (8) Indians (except in Manitoba, British Columbia, Keewatin and North- West Territories) in possession of a distinct and improved lot of land on a reserve. The franchises in the several Provinces are as follows : Ontario, 48 Vic. c. 2, 0., providing for nine classes of voters : (1) owners, (2) tenants, s. !•] The Electoral Franchise Act. 17 INTERPRETATION. 2. In this Act, unless it is otherwise expressly pro- i„tiTpreta- vitlecl, or unless there is in the context sometliing incon- tion. sistent with or reimgntint to such construction, the following words and expressions have the meanings here- inafter assigned to then), respectively : (c) — (3) occupants of real property, (4) income voters, (5) wage-earners, ((5) house- holders, (7) landholders' sons, (8) enfranchised Indians, and (9) Indians non- participating in annuities. Quebec, 38 Vic. c. 7, Q., three classes of voters: (1) owners, (2) occupants, and (3) tenants of real estate. Nova ScotUt, 48 Vic. c. '1, N. S., five classes of voters : persons assessed for, or possessed of, (1) real, or (2) personal property, or (3) both ; (4) tenants ; (5) sons of owners or tenants. New Brunswick, C S. N. B., c. 4, four classes of voters: iJcrsons assessed in respect of (1) real, or (2) personal property, or (3) both ; and (4) annual income ; and if there be no assessment, then possession of the ciualifica- tion prescribed is sufHcient. Manitoba, 0. S. M., c. 3, four classes ot voters : (1) owners, (2) tenants, (3) occupants, and (4) 6oHa^(Ze householders. Br'dUh Columbia, 39 Vic. No. 5, one class : persons resident in the Province for twelve months, except Chinamen and Indians, (38 Vic. J^o. 2). Prince Edicard Idand, 24 Vic. c. 34, three classes of voters: (1) freeholders, (2) occupants, and (3) statute labor voters. The Imperial Franchise Act, 48 Vic. c. 3, pro- vides for five classes of voters in boroughs, and seven classes of voters in coun- ties. Differences exist in the franchises of England, Scotland, and Ireland in respect of the property qualification of voters. Scotland has its own law, and Scotland and Ireland have their own Reform Acts : 1 Law Quar. liev. 28. By the constitution of the United States the power to fix the qualifications of voters for Federal Elections is vested in the several States. Each State fixes for itself these qualifications, and the United States adopts the State law upon the subject. Section 2 of article 1 provides that " the electors in each State shall have the qualifications required for electors of the most numerous branch of the State Legislature :" McCrary on Elections, 6. (c) Words which are terms of art ought to be distinctly explained. Common words, therefore, ought to be used in their common acceptation, and when they have different acceptations in common language, these, when it is neces- sary, ought to be distinguished. It is sufficient to define words that are uncommon, or that are used in an uncommon meaning : Beid's Intellectual Powers, 219. The modern legislative practice is to have an introductory inter- pretation clause to each statute. The first general Interpretation Act was passed by the Legislature of Upper Canada in 1837 : 7 Wm. IV. c. 14. In 1849 a similar Act was passed by the Legislature of Canada: 12 Vic. c. 10. These Acts were consolidated in C. S. C. c. 5, and C. S. U. C. c. 2 ; and were made applicable to the whole - /ominion with some additions in 1867 in An Act Bespecting the Statutes of Canada, 31 Vic. c. 1. In 1850 a similar but shorter Act v/aa passed by the Imperial Parliament (L(ird Brougham's Act), 13 & 14 Vic. c. 21. See Charlton v. Linys, L. E. 4 C. P. 374 18 The Electoral Franchise Act. [s. 2. II' h " Owner;" in Quebec. Proprietor or usufruc- tuary. ** Owner, wlien it relates to the ownership of real proi)ortv situated in the Province of Quebec, (d) nieauH " |)roi)rietor" (e) or "usufructuary" (iisu/niifier) {/) either {(I) The definition of "owner "in the Quebec Flection Act (38 Vic. c. 7, s. 2, subs. 3), is "'any one who possesses real estate, or whose wife possesses real 'istate, whether as owner or usufructuary. Whenever one person has the mere ownership of real estate, and another has the enjoyment and usu- fruct thereof to his use and benefit, the person who has the mere ownership of such real estate shall not be entitled to vote as owner thereof, and the usufructuary shall in such case alone have the right to vote 1)y reason of such real estate.'' The original clauses from wliich this section is taiiea are in the Canada Acts of 1849 and 1858 consolidated in 0. S. C. c, 6, s. 5, subs. 4, 5: "4. The word 'owner,' shall signify proprietor, either in his own right, or in the right of his wife, or as usufructuary (iixii/rniCH'r) of real estate in /i('f, in censivfi, in franc alien, or in free and common soccage (22 Vic. c. 82, s. 23) ; 5. So that in Lower Canada whenever any person has the mere right of property in any real property, and some other person has the usufructuary enjoyment [la jonissance et VnsnfruU) of the same for his own use and benefit, the person who has the mere right of projjerty therein shall not have the right of voting as the owner of such real jn'operty at any .such election, but in such case such usufructuary [u.viffni(h'r) shall alone be entitled to vote at such election upon such lands and tenements (12 Vic. 0. 27, s. 38)." Further provisions applicable to Lower Canada in the above Acts were as follows: "Any deed or instrument in writing containing a promise of sale (promesse de vente) in favor of any person claiming to vote at any such election, and being in possession of the property mentioned in such deed or instrument in writing, or in favour of any other person or persons through whom he holds, shall in Lower Canada be considered, for the purposes of this Act, as a legal title vesting such property in the person so claiming to vote :" 12 Vice. 27, ss. 30, 31. " The word ' occupant ' in the said first cited Act [22 Vic. c. 82] shall in Lower Canada signify a per- son occupying property otherwise than as owner, tenant, or usufructuary, either in his own right or the right of his wife, but being in possession of such property and enjoying the revenues and profits arising therefrom ; and the word ' tenant ' shall include any person who instead of paying rent in money is bound to render to the owner any portion of the produce of such property :" 22 Vic. (1859) c. 10, s. 8 ; C. S. C. c. 6, s. 5, subs. 6. Except for the term franc alleu in the above clause, the definition it gives would apply to all the Provinces. See notes to ss. 3 and 4, post. (e) "Ownership is the right of enjoying and of disposing of things in the most absolute manner, provided that no use be made of them which is pro- hibited by law or by regulations :" Ciinl Code L. C. s. 406. A mere natural possession, such as tliat of squatter, without title, raises no presumption of right of property : Stuart v. Ivcs, 1 L. C. R. 193. But a squatter who is in possession of land for his own benefit may have a title sufficient to support his 3-] Ths Electoral Franchise Act. 1» hte as occupant : Brouffh on Elections, 12. Acts of possession may sufficiently [stablish an ownership of land without producing the title deeds : British Imerican Land (h. v. Stimpson, 3 L. C. R. 90. The delivery of incorporeal Ihingt is made by the delivery of titles, or by the use which the Duyer lakes of such things with the consent of the seller : Civil Code L. C s. 1494. [n sales of wild land tradition or delivery is necessary to convey the right of Woperty : Mallory \. Hart, 2 L. C. R. 345. By the French law governing leal estate in Quebec, tradition or delivery is not necessary to convey to a Tiurchaser the right of property, and a sale made by a grantee may be lend^red effective by a symbolical tradition arising from the delivery of the itlea and plans : Steward v. Bowman, 3 L. C. R. 309. Plaintifif claimed [ertfiin lands under a deed of sale to him and the defendant claimed by pre- 3) , and a general denial of plaintiEf's title, — Held, that a symbolical -adition of the property would supply the place of an actual ' .flo. particularly as respects wild land : Stuart v. Ives, 1 L. C R. 193. A sale is perfected by the consent alone of the parties, although the ping sold be not then delivered : Civil Code. L. C. s. 1472 ; subject in contracts )r the transfer of immovables to the special provisions for the registration If titles : ihid. s. 1027. The property in the thing sold passes by a genuine jontract of sale without delivery, even as against third persons : Cashing v. twpuy, 5 App. Cas. 409. But where an insolvent had made a simulated ale, his assignee was held entitled to the movables found in the possession |f the insolvent which he had so sold, but without actual tradition to the |urchaser : Ibid. 22 L. C. J. 201. Where the purchaser by private sale of a [uantity of wild land does not take possession after the sale to him, the land lay be legally sold as belonging to his vendor : Mallory v. Hart, 2 L. C. R. 345. . purchaser who has been put into possession, and has had his title registered, Ian claim a title by prescription against a prior purchaser who had registced lis title previously, but who never was in possession : Thouin v. Leblanc, 10 C. R. 370. By the ancient French law, as well as by the English law in force \\ Quebec, prescription runs in favor of a party in actual possession for thirty rears : Macdonald v. Lambe, L. R. 1 P. C. 539. The registration of a title ^hich is null will not render it valid, nor prejudice the right of the lawful [roprietor even where the latter's title is not registered : Steward v. Bowman, L. C. R. 309. Acts of possession or enjoyment can only be made use of explain the terms of a grant, supposing them to be ambiguous : Chandler Attorney -Oeneral, 3 Rev. L. 371, P. C. Although the owner of a house is lot the owner of the ground on which it stands, it is an immovable as long it is not demolished : Chaloidt v. Begin, 5 Q. L. R. 119. But a frame louse built with the materials of another taken from a different place is a lovable : Quintal v. Mondon, 3 Leg. !N". 166. When a lessor gives an Imphyteutic lease of property to another he ceases, for the time being, to be Jroprietor. An emphyteutic lease is a contract by which the proprietor of In immovable conveys it for a time to another : Civil Code L. C. s. 567. If a property has been rented, ceded, or transferred for the sole purpose of giving right to vote, the name of the person to whom such property has been lented, ceded, or transferred for such purpose, will be struck oflf the list : Re ^amoiirasha Electoral Lists, 3 Q. L. R. 308. , , 20 The Electoral Franchise Act. [s. 2. Right of in iiig own right {g) or in the right of his wife, {h) of real (f) The usufructuary has the right to enjoy every kind of fruits, whether j natural, industrial, or civil, which the thing subject to the usufruct can produce: Civil Code L. C, s. 447. Natural fruits are those which are thel spontaneous produce of the soil, and the produce and increase of animals. Industrial fruits are obtained by cultivation or working the soil: Ibid. s. 448. Civil fruits are rents, interest of sums due, and arrears of rent : Ibid. a. 449. A usufructuary cannot confer a title on which prescription could be founded ; I Gvy V. Guy, 2 Leg. N. 109. A usufructuary transferred his usufruct of al property for seven years, and on an execution against him his transferee! opposed the judicial sale of the usufruct, — Held, denying his opposition, that! the transfer only vested in the transferee the mere enjoyment of the usufruct,! and not the property in it : Simpson v. Pelisle, 9 L. C. R. 59. Until a legacy j of a usufruct is accepted by the usufructuary, either expressly or by implica- tion, the rent which constitutes the usufruct is not subject to process: Bourdoin v. Jodoin, 4 Rev. L. 480. Usufruct of land in Quebec was given j by deed of gift to A for life, with a limitation over if he died without chil- dren ; and power was given to A to sell the land for a rent charge [a cond'i-X tution de rente). A sold his life interest to B and subrogated B in all Imj rights under the deed of gift, and died without children : Held, that such I sale and subrogation had not extinguished A's power to sell the land for a I rent charge : Leclh'e v. Beaudry, L. R. 5 P. C. 362. ig) These words in different parts of the Act indicate that it is the bene- 1 ficial interest or estate in land, and not the dry legal estate, which confers tliej right to vote. (h) The words " in the right of his wife " first appear in 22 Vic. c. 82s.[ 23. The f ""mer words were "come to him by marriage or contract oil marriage: " ^2 Vic. c. 27, ss. 30, 31. The definition in the Quebec Electionj Act of 1875: '"one whose wife possesses real estate," is more appropriate! in view of the recent legislation respecting the property of Married Women. | There are three kinds of marriageable contracts in Quebec under which the! rights of the husband^are different : (1) community of property; (2) simply! excluding community ; and (3) separate as to property. In the absence of al marriage settlement or covenants, the consorts are presumed to have intended! to subject themselves to a community of property which is irrevocable as! soon as the marriage is celebrated: Civil Code L. C. s. 1260 : Hughes v. Bees,\ 6 Ont. R. 654. A wife cannot bind herself either with or for her husbandl otherwise than as being common as to property . Civil Code L. C. s. 1301.[ The husband alone administers the property of the community. He rnayj Bell, alienate, or hypothecate it without the concurrence of his wife: Ibid.[ s. 1292. If the marriage contract simply excludes community, the wife! holds her property as separate estate, but the husband has the rights of al usufructuary : Ibid. ss. 1416-20. But where the contract is that the wife shall! bo separate as to property, the wife has the entire administration and free! enjoyment of her property : Ibid. s. 1422 ; in which case the husband has noj 2-] The Electoral Franchise Act. 21 property in " franc alleu," (i) or in free and common soccage; {j) and when one person has the mere right of Trustee not roperty or legal esiate in any real property in the said Province and some other person has the usufructuary joynient {la jouissance et Vusufruit) of the same pro- lerty for his own use as aforesaid, the person who has the estate in, and no right of possession of, the wife's property, it being "separate estate," Where the wife, separate as to pi-operty, leaves the enjoyment of her property to her husband, the latter on demand of the wife, or on dissolution )f the marriage, must give up the parts then existing, and is not accountable |For those previously consumed : Ibid. s. 1425. Husband and wifs in community enjoy the benefit of the issues and profits of the propres on either side, and re bound to discharge the rents with which they are burdened : Oirard v. jcmkux, 2 Rev. L. 78. Henry VI. of England, in 1441, conceded in favor ■yi the citizens of Paris that a wife's share in the community should not be subject to confiscations pronounced against the husband, a privilege which I'as continued after the expulsion of the English : Spencers Orig. Laws, 372. iee further, note {p) p. 24, note (a) p. 40, and note {x) s». 3 post. ((■) Prior to 1763 all lands in Canada were granted by the French King to f^eigIliors a litre de fiefs, or a titre des cens et rentes en roture : 2 Surge's Col. For. I iws 387. Another species of tenure is franc aleii roturier. " Lands franc a leu are those which acknowledge no superior in feodalite, and are lot sul)ject to seignorial rights or duties : Ibid. 397- "Land roturier, or as [t is called censier, is that for which the grantee is bound to pay the direct peigiiior, from v/hom he holds it, ronts and other duties in acknowledgment )f the seigniory:" [bid. Imperial aiil Canadian Acts since 1823 have provided for the extinction of feudal and seignorial rights, under which the ^ennre of the lands belonging to the Crown seigniories and feudal estates jjoiikl be commuted into free and common soccage : C. S. L. C. c. 43. By phe Seignorial Act of 1854, the rights of the seigniors under French grants k'cre commuted, and it was provided that every censitaire in each seigniory khould hold his land /ra/ic alleu roturier, free and clear of all cens, droit de Yinalltc, droit de retrait and other feudal or seignorial duties and charges I'hatever, except the rente constitute (ground I'ent) which was substituted for all seignorial dlities and charges : C. S. L. C. c. 41, s. 30. The acquisition by the Crown of lands held under a seignior as part of his fieft fextingnishes all feudal rights in those lands subject to the seignior's mere rijj;ht of indemnity : Les Soeurs de V Hotel Dieu v. Middlemiss, 3 App. Cas. Vl02. .. , - (j) The Quebec Act of 1774 made the French law and customs jf Canada Applicable to property and civil rights, except as to the lands granted by the ^rown in free and common soccage : 14 Geo. III. c. 83, s. 9. Between 1791 And 1829 it was only where the grantee desired it that lands in Lower 22 The Electoral Franchise Act. [s, 2. I! i' Usufiuc- tuarj' may Tote. mere right of property or legal estate therein shall not have the right of being registered as a voter or of voting! under this Act in respect of such property, but in such I case the person having the usufructuary enjoyment I {usufruit) shall alone have the right of being registered! as a voter and of voting in respect of such property underj this Act : {k) othe "pro- '" " Owner " {I) when it relates to the ownership oil viiices. real property situated elsewhere in Canada than in thef Canada were granted in free and common soccage : 31 Geo. 111. c. 31, s. 43.1 Since then ail lands capable of being so held are granted in free and comnioul soccage : 9 Geo. 1 V. c. 77, L. C. English law was introduced into Lowe(| Canada by (1) Eoyal Proclamation, 1763 ; (2) Provincial Ordinance, 1764 ; Quebec Act, 1774; (4) Constitutional Act, 1791; (5) Imperial Act, 1820,1 6 Geo. IV. c. 59 ; (6) Provincial Act, 1829, 9 & 10 Geo. IV. c. 77 (confirmed bj] 1 Wm. IV. c. 20, Imp. ) But the only English law relating to civil rightil introduced into Lower Canada was that relating to the tenure of lands iil free and common soccage: Steward x, Bowvian, 3 L. C, R 311, 369. Tkl Quebec Act introduced the English law as to wills as it existed at that timeJ (1774) into Lower Canada : Mujneault v. Malo, L. E. 4 P. C. 123. (i) This carries one of the doctrines of equity relating to trustees and cestui qt(e trust into the domain of political rights. A trustee can take no benefit fron his trust. As the legal owner he holds the trust and absolute dominion ovei the property in the view of the law, but in equity the income, profits, i beneficial use of the property belongs wholly to others : Story's Eq. JnrA B. 964. A similar provision has been the law of England since 1696. Set! note {n) post p. 23. ( I) The word "owner " is a modern term in titles to real estate ; but ititj here used as a definition of a class of voters, rather than as indicating person having a perfect or absolute title in fee simple. In the language the law every possessor of real property is a tenant : as tenant in fee, teiianlj in tail, tenant for life, tenant for years, or tenant at will. The tendency oil modern law has been to drop the theory of feudal service in the tenure o lands, and to provide that lands shall be held by allodial tenure simply " Tenant in fee simple is he who hath lands to hold to him and his heir for ever : and it is called in Latin foednvi simplex, for foedum is the saini that inheritance is ; and simplex is as much as to say lawful and pure :' Co. Litt. 488. Tenant signifieth the tenure or the service whereby the landi are holden ; and because such services wei'e done with their ploughs tliii tenure was called tenure in soccage : Ibid. 331. All the lands or tenementi in England in the hands of subjects are holden mediately or immediately oi the King ; for in the law of England we have not properly allodium, that is, any subject's land that is not holden : Ibid. 488. [s. 2. hall not ' voting in such joyment gistered y under ship 01 L in the 31, s. 43. L common to Lower 1764; .ct, 182(;, firmed by vil righ^ f lands ii m. The that time and cestm inefit f ron inion ovei profits, 01 fcV/. Jnrk 096. See ; but it ii dlcating » mguage oi ee, tenant iudency ( tenure ( re simply i his heii the sam pure :'' 7 the landi 3Ughs tliii tenement! ediately*^ m, that is, 2-] The Electoral Franchise Act. 23 Province of Quebec, (m) means the proprietor either Proprietor in his own right or for his own })enefit, (n) or if such {m) See notes (rf) to {k) Railway Act, 42 Vic. c. 9, s, L. K. Digest (1880) 4604. ante pp. 18-22, as to Quebec. The Dominion 5, subs. 14, also defines "owner." See further, (m) "Proprietor either in his own right or for his own benefit." These words in the several classes of real property qualifications exclude trus- tees, or persons holding the dry legal estate in lands without any beneficial interest therein. Trusts were unknown to the common law, and if a trust of lands was created the trustee in whom they were vested was alone con- sidered the owner. "The legal owner holds the direct and absolute dominion ovtr the pi-operty in the view of the law, but the income, profits, or benefits thereof in his hands belong wholly, or in part, to others :" Story's Eq. Juris. s. r64. The statutes which requir, 1 a qualification of value excluded the mei e trustee from the franchise : Hudson on Elections, 79. The consequence was, that till 1696 all persons whose lands were subject to any trust or mort- gage were incapacitated from voting : Rogers on Elections, 33. 7 & 8 Wm. 111. c. 25, s. 7 {Quare, if in force in Ontario by R. S. O. c. 92), provided that no person should be allowed to vote by reason of any tfust estate or mortgage, unless such trustee or mortgagee was in actual possession or recei])t of the rents and profits of the said estate ; but the mortgagor or cestui que trust in poi^session should vote for the said estate. The Refoi-m Act, 2 Wm. IV. c. 45, s. 23 (Imp.) contained similar provisions; but doubts having arisen as to their meaning, the Registration Act, 6 Vic. c. 18, s. 74 (Imp.) enacted that no nioitgagee should vote unless in actual possession or receipt of the rents and profits, but that the mortgagor in actual possession or receipt of the rents and 1 rofits might vote ; and that no trustee should in any case have a right to vote at any election by reason of any trust estate, but that the cestui que trust in actual possession, or in receipt of the rents and profits, though he receive them through the hands of the trustee, might vote. A similar pro- vision exists in Prince Edward Island. See note to s. 9, post. A trustee under a will, who has no beneficial interest in the property assessed to him, is not entitled to vote : South Grenville (Jones's Case), Ho. E. C 163. Mortgagor or mortgagee, if in possession, may vote : 1 Ste])he)i,s on Elections, 457. Moi tgagor out of pos^pcssion, where the property was of greater v? ue than the mortgage: ]/(ld, entitled to vote : Middlesex {Chase's Case), 2 Peck. 103. Besides trust estates which dd not confer the right of voting, there is a class of trust estates in which the chief beneficial interest passes to the trustee ; such as estates conveyed to a lender in trust for the repayment of money, and which were introduced to obviate the inconvenience arising from the common law of mortgages, and with a view to the remedy by sale. From this two classes of securities have arisen; (1) one an absolute conveyance in fee, or for years, vithout any condition for re-entry for nonpayment, but with a covenant, or proviso, requiring the lender to re-convey on payment of the debt. This, for want of a more apropriate name, is called a mortgage ; (2) the other, a 24 lite Electoral Franchise Act. [s. 2. ])i'oprietor be a married man it means the proprietor Right of in his own right, (o) or in the right of his wife, (y>) of conveyance by the borrower to the lender, or his nominee, in trust to sell if the debt is not paid after a certain period. In legal strictness both securities are merel\^ conveyances in trust, the party to whom the legal estate is thus conveyed is properly a trustee. The enactment of 1690 may therefore be thus paraphrased : No creditor will be allowed to vote by reason of any such conveyance upon trust, unless such creditor, so being trustee or mortgagee, be in actual possession or receipt of the rents and profits of the estate : 1 Stephens on Elections, 459,. Where land was granted by letters patent to A, her heirs and assigns for ever, to have and to hold to her the said A in trust for herself and her children M and F : Held, that A took the fee, and that no legal estate passed to the children : Ooldle v. Taylor, 13 U. C. Q. B. 603. (o) The words "if such proprietor be a married man, it means the pro- prietor in his own right" are unnecessary; snch right is covered hy the preceding words in this clause, {})) " Proprietor in right of his wife." This definition of a class o voters entitled to the "ownership of real property" is based upon the rule of the common law that a husband by his marriage acquired a freehold interest ./»re nxin'iii during the joint lives of husband and wife in his wife's freehold for life, and her freehold of inheritance, even before the birth of issue : 1 Brighf's IT. tO ir. 112. Thus where an estate in fee comes to a feme covert, the interest of the husband and wife in the estate is a seisin in fee in both, in right of the wife : Polijbank v. Hawkins, Doug. 329. And upon his having issue by her born alive who could inherit the estate, he becomes tenant by tho curtesy, which entitles him to an estate in his wife's freehold for Iiis life, after the death of his wife: 1 Bright's H. <(• W. 116. But if the husband is ;ui alien, he will take no interest in his wife's real estate : Ibid. 9. Nor will he aeipiire any right in his wife's leaseholds : Theobald v. Dajfoy, 9 Mod. 104. Where a married woman obtained a grant of lands under letters patent from the Crown, her husband uomX not have entered upon tho land in order to entitle him to tenancy by the curtesy, the letters patent sao vhjorc constituting seisin in fact : Weaver v. Burgess, 22 U. C. C. P. lO-l. A grant to a married woman of a life estate in lands does not require the assent of her husband to pass the title to her ; and unless he repudiate it in some way, both will be seised in her right : Nolan v. Fox, 10 U. C. C. P. 5()0. Though a man has been in possession for twenty years of lands granted to his wife for life, he does not thereby acquire a title by virtue of the Statute of Limitations, for he is merely seised with her, by operation of law, of her estate therein : Ibid. Where it is sought to establish a marriage by repute, it is essential that such repute should be general and uniform ; a divided repute will not suffice : Henderson v. Weis, 2.5 Gr. {)9. See also, Rohlin v. Roblin, 2S CJr. 439. By the Roman law wdien the wife passed in vianmn viri, all that she had belonged to her husband; but when she did not, all her property belonged exclusively to s. 2] The Electoral Franchise Act. 25 i>y herself: Sanders' 8 Just. 242. Among the semi-barbaric nations of a later time, marriage was a species of partnership, in which husband and wife had each their separate rights. Any profits or purchases with their joint property were divided between them in proportion to their separate property : Spp.nce.s Or'ir/. Laws, 373. Under the common law of England, as under the Roman law, a married woman was more helpless than infants and lunatics, the two other classes of persons under disability in whose company she habitually figured in English law. Everything she acquired at or after marriage went to her husband unless she had a settlement to her separate use. She had no legal individuality apart from her husband. In a C.)rtrt of E^qnity (though not in law) haron and feme are considered as two different persons : 3 P. Wins. 38 n. Where a gift was made, or an estate was conveyed, to a husband and wife and a third person, the husband and wife, being in legal fiction one person, took only one-half of the gift or estate, and the third person the other half: 1 Co. Litt. 739; Diasv. DeLivera, 5 App. Cas. 135. Recent legislation, however, has altered this old doctrine of the common law, so that now the wife would take her one-third equally with her husband and such third person. " Tlie Act [45 & 46 Vic. c. 75, Imp.] makes such alterations in the relation of husband and wife that it severs that unity of person and divides that compound person, which the law formerly recognized, to such an extent as to render it wrong for the Courts now to apply the old principle, which was founded on unity of person:" /*«?• Chitty, J., in Rfi. March, 24 Ch. D. 222. " The old fashioned notion that women need legi^ative protftction, even against their husbands, is fast fading in the light of modern legislation :" Per Harrison, C. J., in Kerr v. Stripp, 40 U. C. Q. B. 134. VVliere recent Provincial legislation has not altered the common law doctrines respecting married women, the right of the husband to vote as "proprietor in right of his wife " will be governed by the old decisions. By the common law the husband has jare mariti the right to vote in respect of his wife's freehold property, os having acquired the estate by marriage : Rorjers on Elections, 159. So that if an estate should descend to any number of females the hus])and of each would have a right to vote : 1 Go. Litt. 59. A husband, while possessed in the right of his wife, has the same right of voting as if possessed in his own right : I Stephens on Elections, 513. But in all these cases of freeholds jure uxoris it is the beneficial freehold, not the mere legal estate, which confers the vote on the husband : /hid. 516. Prior to the Married Woman's Property Acts a husband excluded by a marriage settle- meut from all interest in his wife's estate, could not vote : Rogers on Elections, 35. Where, by a marriage settlement, property is vested in trustees for the separate use ,of the wife, or where property, after the marriage, is conveyed or devised to trustees for the separate use of the wife, the husband takes no interest in suoh property, and can by no means vote in respect thereof : Elliott on Parlif. Electors, 15. So where the intention appears that the property bequeathed to, or settled upon, the wife shouhl be to her sole and separate use, whether given to her without the intervention of trustees, or to her liusband for her, a Court of Equity will effectuate the intention by converting the husband into a trustee for the wife : fhid. Where there is a settlement to a wife's separate use. the husband acquires no interest in her property : Scarborough v. Barman, 1 Boa v. 34 ; a. c. 4 Jur. 38. And such. 26 The Electoral Franchise Act. [s. 2. W'-l settlement to her separate use. though made while she is discovert, is good against an after-taken husband : TvUett\. Armstrong, 4 My. & Cr. 377 ; s. c. 4 Jur. 34. No technical words are necessary to raise a trust for such separate use: 9 Jarm. Convey. 102. "Enjoy the profits," imply separate use : Tyrrdl v. Hope, 2 Atk. 561. So "to be at her own disposal :' Frit- chard V. Ames, T. & Russ. 222 ; or, "for her livehhood :" Barley v. Barley, 3 Atk. 399 ; or, "her receipt to be a sufficient discharge :" Lee v. Prianx, 3 Br. C C. 381 ; or, "to deliver securities to her whenever demanded :" Dixon V. Ohnius, 2 Cox 414; or, "to pay into tii ^ proper hands of A:" Hartley V. Hurle, 5 Ves. 540. Where one C marriei' a widow who was entitled to an estate tail, and previous to the niarri; ge C, and his intended wife joined in a deed to V as trustee, in which ( covenanted with the trustee V that the rents and profits should rtmaiu to the separate use of the wife, that the wife might dispose of the estate, and that he would join in all necessary acts for rendering her disposal valid ; it was contended that, as C had no right to receive any profit from the land, it could not.be said that he had any freehold which would entitle him to vote : Held, that C had no right to vote: Bedjord shire (Coiujvt,st's Case), 2 Lud, 422. As C had no right to receive any profit from the land, it could not be said that he had a freehold of the value of 40s. a year, and upon this ground the vote was rejected: 1 Stephens on Elections, 516. Where the wife's estate was assessed in the name of the wife and of her tenant, it was held that the husband could not vote: Bedfordshire [Brasier's Cat^e), 2 Lud. 530. A wife's estate was assessed in the name of her guardian, from whom, on coming of age about two years before, she had obtained the possession ; the husband, before and after his marriage, had been in the ]:cs£ession of the estate as tenant, and had been so assessed : Held, vote bad ; jliid. (Joyce's Case), 519. One R claimed to be seised in fee in right of his wife under a devise to her dum sola to her separate use. It was contenekd that an abso- lute estate having been given to the wife dnm sola the limitation to her separate use was repugnant to the nature of the estate limited to her, and was therefore voiel. This contention was held to be at variance with the long established doctrine of Courts of Equity, anel R's vote was rejected: 1 Siephnis w EUditns, 513. One W devised his real estate to trustees to the use of the wife of B for her life, remainder to her eldest son, anel remainders over. The estate was in the possession of a tenant. B, by eleed to which his wife was not a party, covenanted with each of his nine sons to stand seised to each of them ot an undivideel moiety as to one-ninth of such moiety for the joint li\ es of himself and each of such sons. By another deeel he granted the other moiety to his son-in-law for their joint lives. On this case counsel was of opinion that B had a freehold in ri^ht ot his -wife, and was able to confer a freeholel interest on his grantees for the joint lives of himself, his wife, and each specific grantee ; anel that, as to the sons, the eleed operated either as a covenant to stanel seised, or as a giant of the reversion; and as to the son-in-law, it operateel as a grant of the reveision : Ihid. 515. Between the registration anel the election the voter, by a deeel of separation between him and his wife, covenanted with her trustee that while they lived apart she should have "undisturbed possession" of the house for which he was on the register of voters, and that "if he should enter therein" he should s. 2-] The Electoral Franchise Act 27 "be deemed a trespasser:" Held, vote good: Lichfield (Stringer's Case),. Bar. & Aus. 372. Estates by the curtesy and in dower are estates for life, arising as they do out of marriage, and those entitled to such estates in right of their wives may vote without occupation : lioyem on Elections, 9. Tenants by the curtesy vote as freeholders : Chambers' Diet, of Elections, 308. Where the right of election was vested in freeholders of inheritance, a tenant by the curtesy voted, but on contestation the vote was abandoned by the candidate for whom he voted : Tavistock, 10 Com. J. 576. The second husband of a doweress is entitled to vote in respect of his wife's estate in dower, although such dower "has not been assigned or set by metes and bounds," provided he is in receipt of the profits thereof : 20 Geo. III. c. 17, s. 12 (Imp.) {C^utere, if this statute is in force in Ontario by II. S. O. c. 92. ) In Prince Edward Island the husband of a doweress, where the dower has been set off and reduced into possession, may vote : ' Vic. c. 21, s. 29, P. E. I. The Ontario Election Law of ISO'S, by the definition of "owner," gave to a husband whose wife had an estate for life, or a greater estate, the right to vote in respect of his wife's property, and a petitioner having that qualification was held entitled to peti- tion : Prescott, Ho. E. C. 1. Where the owner of real estate died intestate leaving daughters, and the husband of one o! such daughters leased the property and received the rents : Held, not entitled to vote : Brockville (Leslies Case) Ho. E. C. 129. The recent legislation in the various Pro- vinces respecting the Property of Married W^omen^ and its effect on the husband's common law right to vote jiire mariti,' yfiW require careful consi- deration in construing the above clause. In Ontario, R. S. O. c. 125, and 47 Vic. c. 19, O. have made the property of a married woman (1) "separate estate;" have freed it from (2) the husband't joint ownership; (3) all his right to the rents, issues, and i)rofits thereof ; have abolished (4) his tenancy by the curtesy, except where the wife had not disposed of her estate inter vivos, or by will. *' The operation of this section (s. 4, R. S. O. c 125) is to divest the husband of all estate and interest in the real estate of his wife :" Per Gwynne, J. in Merrick v. Shenvood, 22 U. C. C. P. 477. "She is to hold it free from any estate of the husband during her life-time, or as tenant by the curtesy, thus depriving him of any interest in her estate :" Boustead v. Whilmore, 22 Gr. 226. Such portions of the Act as would deprive parties of their vested rights, if held to affect women married before its passing, should be so read as not to interfere with such rights ; while the portions of the Act which have not that effect should go into operation as regards women married before as well as after the 2nd March, 1872 : Adams v. Loomis, 22 Gr. 99. It applies to lands acquired after that date by women who were married prior to the Act : Ibid. 24 Gr. 242 ; and to marriages which take place after the Act : Dinyman v. Austin, 33 U. C. Q. B. 190. The Act of 1884, 47 Vic. c. 1 9, O. — based on the Imperial Act, 45 & 46 Vic. c. 75 — repeals R. S, O. c. 125, and enables a married woman to convey her own real estate, or to release her dower in her husband's lands without her husband joining in the conveyance (s. 22). See also, Pe Coulter and Smith, 8 Ont. R. 536. New Brunswick : C, S. N. B. c. 72, provides that real property belonging to a woman before, or accruing after, marriage except such as may be received from her husband while married, "shall vest in her and be owned by her as her separate property," free from the debts of or disposal by her husband ^8 The Electoral Franchise Act. [s. 2. ■lili iiH ■without her consent ; bnt liable for her debts contracted before marriage, and for judgments against her husband for her torts. By C. S. N. B. c. 100, s. 16, real estate held as the separate property of a married woman is to be rated in the name of her husband; and by c. 4, the party "assessed" for real property is the one who is qualified to vote. Nova Scotia : 47 Vic. c. 12, N. S., provides that a woman married before the Act (19th April, 1884) shall hold her property, not taken possession of by her husband, free from his debts and control, as. if she were a feme sole ; and that a woman married after tlie Act shall hold her property to her " separate use," free from any estate and debts of her husband during her lifetime ; but the husband's tenancy by the curtesy is preserved where the wife has not disposed of her estate during her life-time, or by will (s. 4). Rents, &c., in all cases to be her " separate property," and her receipts alone to be valid ; but her husband may be her agent to collect them (s. 6). But by s. 7, "any estate or interest to which a husband may, by virtue of his marriage, be entitled in the real property of his wife, whether acquired before or after the passing of this Act," is not during her life to be subject to his debts. Manitoba : C. S, M. c. 65, provides that every woman married after the Act (14th May, 1875) shall hold her real property free from the debts, control, and disposition of her husband without her consent, as if she were a feme sole (s. 1) ; and that a woman married prior to the Act shall hold her real estate not then taken possession of by lier husband as if she were a, feme sole (s. 2). ' 'Any estate or interest to which a husband may, by virtue of the marriage, be entitled in the real property of his wife shall not, during her life, be subject to the debts of her husband " (s. 12). By s. 19, the real estate mentioned in ss. 1 and 2, and the rents, issues, and profits thereof, subject to the trusts of any settlement, shall " be held and enjoyed by any married woman for her separate use, free from any estate or claim therein or thereto of her husband during her life time, as tenant by the curtesy or otherwise ; and her receipts alone shall be a discharge for any renfcs, issues, and profits of any such real estate," It also enables her to make alone a deed, or deeds, of her real estate, and to make contracts, pro- missory notes, &c. , without tlie assent of her husband, as if a feme sole ; and "no possession, whether actual or constructive, of the husband of any property, real or personal, of a married woman, shall give the husband any title thereto, as against his wife, during her life time." British Columbia: By the 36 Vic. No. 29, the real estate of any married woman, owned by her at the time of her marriage or acquired during coverture, and the rents, issues, and profits thereof, shall, without prejudice to the trusts of any settlement, "be held and enjoyed by her for her separate use. free from any estate or claim of her hus- band during her life time, or as tenant by the curtesy ; and her receipts alone shall be a discharge for any rents, issues, and profits ; and any married woman shall be liable on any contract made by her respecting her real estate as if she were a feme sole." By s. 7, the husband is not liable for the contracts made by his wife before marriage. But an amending Act of 188.'! recites that "it is not just that the property which a married woman has at the time of her marriage should pass to her husband, and that he should not be liable for her debts contracted before marriage," amends the above s. 7, and provides that *'a husband and wife married after the passing of this Act may be jointly •sued for any such debt." It then limits the husoand's liability to the extent 5. 2.] The Electoral Franchise Act. 2^ freehold estate, (ve definition, and with the definition of "farm," given above, shews that it applies only to the sons of "owners," and not to the sons of "tenants" and " occupants, " of farms. (k) The word "farm" is used in subs. 7, of s. 4, defining the qualificationa required of farmers' sons. See also note (y) ante p. 44, and the note [l) following. (/) In the clauses defining "farmers' sons," and "owners' sons," the words describing the father are the same, viz.: "owner and occupant," or "actual occupant." But in the clauses defining the qualifications required of such sons as voters, there is a slight, but unimportant, difi'erence as to residence ; the words, when referring to "owners' sons," being: resident upon such pro- perty continuously with his fatherj (see s. 3, subs. 7 (a) {b) and proviso, s. 4, subs. 8 (a) (6) and proviso) ; — and when referring to "farmers' sons," being : resident continuously on the farm o/'his father, (see s. 4, subs. 7 (a) (6) ). But the proviso to the latter subsection, and the definition of the word "farm,' shew that the intention of the Act is that both classes of sons must be residents with their fathers on the farm actually occupied by their fathers respectively.. 46 The Electoral Franchise Act. \? In counties, and in counties means any male person not otherwise qualified to vote and being the son of an owner and occupant of real property other than a farm, {m) and includes a grandson, stepson or son-in-law ; ** Electoral District." "Electoral district" means any place (consisting of or comprising any city, town, county, township, parish, district or municipality, or portion thereof) in Canada, entitled to return a member to the House of Commons of Canada; (n) "Election." « Election" means an election of a member to serve in the House of Commons of Canada ; "Voting;" "to vote." " Voting " and " to vote " mean voting and to vote at the election of a member to serve in the House jf Commons of Canada ; ••List of "List of voters" (6) means the list of registered voters, voters *' • • to be prepared and revised under the provisions of this (m) The only distraction between the qualitications for the sons of the two classes of owners (1) of farm, and (2) of real, property, is that a " farm" must be a property of at least twenty acres. The two classes have substantially the same qualifications. The Ontario and Nova Scotia Acts confer the franchise upon the sons of the owners and tenants of real property, accoi '"'ig to the assessed value of such property. (n) A definition substantially the same, but without the words in paren- thesis, may be found in the Dominion Controverted Elections Act, 1874, 37 Vic. c. 10, s. 4. (oV The Voters' List, when completed and revised, is the foundation of all proceedings with a view to elections to the House of Commons, and is declared to be " binding on any Judge or other tribunal appointed for the trial of any petition complaining of au undue election or return of a member to serve in the House of Commons :" See 3S. 10, 31, 39, post. It is therefore essential to the validity and fairness of an election, that the persons named on the Voters' List, and voting at the election, should possess the proper Parliamentary Franchise in the Electoral District concerned ; and this result can only be arrived at by a careful and exhaustive examination of the Voters' List, after it has been published by the Revising Officer under this Act. Facilities are provided for obtaining printed copies of the proposed list, and time is given in each polling district (Eve weeks after the publication and •] The Electoral Franchise Act. 47 Act in each year, for each sub-division or polling district of an electoral district, when finally revised, {p) except Revised .nd when the first general list or an unrevised list {q) is ij^'t^*'^' especially mentioned or referred to ; posting up of the first lists), for a careful investigation of every vote which m:vy be gained, or lost, by entry on, or omission from, the list, preparatory to the final revision. And this examination is all the more important, and will demand due care and investigation, for the purposes of claim or objec- tion, as the Voter's Lists to be used at elections for the House of Commons are, by this Act final, for the purposes of such election, except as to disqualifi- cations, arising subsequent to the revision by the Revising Officer, under s. 11. Under the Ballot Act (Imp.), the register of voters as settled by the Revising Barrister is conclusive not only upon the Returning Officer, but also on the Election Judge, except as to persons who have an inherent incapacity ' > be electors, such as peers, women, persons dis({ualified by holding certain offices, and persons convicted of crimes, or the like : Stowe v. Jollife, L. R. 9 C. P. 734. (/)) The proceedings incident to the Final Revision of the list of voters, after the "preliminary revision" hereinafter noted, are: (1) Printing a sufficient number of copies of the preliminary or unrevised list of voters for each polling district. (2) Publishing the same by posting copies in thrc3 con- spicuous public places in the polling district to which it relates, and by delivering copies to persons applying and paying for the same. (3) Appending thereto a notice G fixing a time and place for the final revision of each list. (4) Delivering by registered letter to each of the persons and officers named ill s, 24, one copy of each list relating to the electoral district, and to the Member of the House of Commons, and the unsuccessful candidate at the last election for the electoral district, ten copies of each list. (5) Publishing a notice of the time and place of the final revision in a newspaper (s, 25) in the electoral district — such day to be not less than five weeks from the posting up of the lists as aforesaid, and the place as indicated in s. 26. (6) Holding open Court at the tims and place named, and hearing and disposing of appli- cations, objections and complaints, and attesting any chana;es, additions or erasures in the list. (7) Certifying the same after revision (form 0) in dupli- cate, one copy to be retained by the Revising Officer, and the other copy transmitted to the Clerk of the Crown in Chancery at Ott vwa. (8) The Clerk of the Crown in Chancery, on receipt of the same, to insert a notice in the then next Canada OazeMe in the form H. On and after the publication of such notice, "the persons whose names are entered on the said lists as voters shall be held to be duly registered vottrs in and for such electoral district, subject to correction or amendment by the judgment on appeal." ('/) The proceedings incident to the Preliminary Revision 'of the "unrevised list "are: (1) Procuring copies of assessment rolls, and lists of voters, pre- pared and revised under Provincial statutes relating thereto, or copies of the last poll books where there are no such lists. (2) Preparing therefrom, and from such other information as can be obtained, an alphabetical list, for the 48 The Electoral Franchise Act. [s. 2. " Actual value;" "ralue." " Actual value " or " value " (r) means the then present markei' value of any real property, if sold upon the ordinary divisions mentioned in s. 15, of the persons entitled to be registered as voters under the Act, and containing the particulars specified in said s. 15. (3) Printing the lists after certifying as in form C. (4) Publishing the same by posting one copy in the Municipal or Parochial Clerk's oflSce, and by mailing tw^o copies to the Member of the House of Commons and the unsuccessful candidate at the last election for such electoral district, and to the other persons and officers named in ss. 16, 17 ; if there be no municipal divisions, then the list is to be posted in one or more public places, and mailed to officers corresponding to those above-named. The lists sent to public officers to be posted up by them in conspicuous places in their offices. (5) Publishing a notice in form 1) of the time and place for the preliminary revision in one or more newspapers (s. 18). (6) Holding a sitting, as mentioned in the notice, on a day not less than four ■weeks after the publication of the list, and pro- ceeding publicly to the preliminary revision of the lists based upon the evidence and information adduced in support of claims, and correcting the lists on such evidence and information, but not objections to names, m liich are to be merely noted, on the list, attesting any addition or change, and appending names of claimants whose claims are not admitted, and then certifying the said lists. (7) Dividing each municipal division into polling districts containing not more than 200 voters each. (8) Preparing an alpha- betical voters' list for each of such polling districts, noting the names objected to, and the claimants whose claims are not admitted. (r) The Assessment Acts of the various Provinces direct their Assessors to estimate property for the purposes of taxation and electoral qualifications, a& follows : Ontario, R. S. O. c. 180, "Real and personal property shall be esti- mated at their actual cash value, as t ' y would be appraised in payment of a juKt debt from a solvent debtor:" s. 23. "True actual value :" s. 192. Quebec, C. S. L. C, c. 24, s. 56, "True and real value." Nova Scotia, P. S. N. S. 0. 21, s. 21, "Actual cash value." New Brunswick, C. S. N. B. c. ICO, 8. 4, " Full cash value, as if appraised as belonging to the estate of a deceased person ;" and in 37 Vic. c. 4, s. 29, N. B., "True and marketable value." Manitoba, 47 Vic. c. 11, s. 248, form 6, M., "True, actual value." The determination of the value of real property for the purposes of the qualification or disqualification of voters will cause more embarrassment to an impartial judicial mind than any other question under this Act. There is nothing men so much differ about as the value of property. ' ' People may very honestly diff^er on a question of opinion ; and men's opinions on such subjectt! are very materially aflfected — more so than perhaps they are aware— by the point of view from which tuey consider it. A man who is impressed with a consideration of how much the thing in question will bring, will entertain a widely different opinion from him who simply looks at it as a thing to be purchased with a view to profit, whether by the employment of it, or by selling it again :" Per Draper, C. J., in McCuaig v. Unity In*. Co., ■] TJie Electoral Franchise Act. 49 terms of sale, in respect of -which any peison claims to be qualified, whether as owner, tenant, occupant, or farmer's or j,^^tc, mined other owner's son, as determined by the revising officer, (s) ly Revising •' ° ^ ' Officer. 9 U. C. C. P. 85. " The avernge vahie of Innd is an iiiukfiiud tcim :" Per Burns, J., in Lovdon v. Great Wenteryi E. W. Co., 17 U. C. Q. B. 267. A forced sale for cash is not a proper mode of determining the value of an estate : Fawceit v. Btnuell, 27 Gr. 445. "It is the price it will bring in the market at the time it is ottered for sale. One may value his own property froni the very preciousness ■which ownership and possession gi. j the hous-e and heme of moi^t men. Nor can we weigh the estimates of strangers as to the value of u man's house and land in scales more nicely balanced ; for, allowing all credence to the honesty of those who give their opinions, they must be more or less speculative, according to the standpoint of view from which which thty are taken. If these estimates of value by th<^. witnesses for the plaintifi' were weighed in scales nicely balanced, there could be but indefinite justice. No proper valuation of a house can be made without seeing it inside :" Per Wilson, J., in Squire qui tarn v. Wilaon, 15 U. C. C. P. 284. A valuation of a house by a surveyor who did not enter the house valued, is not a pr. per valuation : Coder v. Metropolitan Pailuay Co. 10 Jur. N. S. 1014 ; s. c. 10 L. T. N. S. 777. Little teliance is to be lilaced on the evidence of surveyors in a contest as to value, where they know beforehand on which side their evidence is to be used : Waters v. Thorn, 22 Beav. 547. One who holds himself out as a valuer of property is bound to bring to the performance of the duty he undertakes a knowledge of the general rules applicable to the subject: Jenkins v. Betham, 15 C. B. 1C8; s. c. 1 Jur. N. S. 237. A witness's interest in neighbouring property, as owner or as a buyer or ^seller, his experience and previous qualifications as a fair and just valuator of property, his reasons for his estimate of value, and his reliability as a witness, must be considered. And wherr to these considerations there may be added the strong bias of a political partisair, in forcing up or pulling down values for the purposes of a vote, the difficulty of groping in a quagiiiire of political evidence for the " actual value " of property, may be likened to chasing a will o' the wisp over a morass. The opinions expressed by judicial and other persons, support this view. "The Franchise opens a boundless field for the manufacture of votes ; and electioneering consciences are very elastic:" Per Serjeant Cox, formerly M.P. for Taunton, in Cox and Grady on EUctiovs, xli. " Tl**^ manufacture of votes will be conducted by rival parties as zealously hereafter as ever it has been before:" Ibid, xxxii. "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., Ctm- iniitve on Parliamentary and Alunicipal Elections (1869), 520. 8ee Alersvy Docks v. Birkenhead, L. R. 8 Q. B. 445 ; L. K, 9 Q. B. 84. (s) The value of the premises rated under the Act (Imp.) means the real value, arrd not the value rated on the rate-book ; and the Pevising Barrister 50 Tlie Electoral Franchise Act. Assessment Roll to be %)nma facie as to value. " Real property." upon the best information in his possession at the time of such revision; (t) Provided, that the assessment rolls as finally revised for municipal i)urposes, (u) shall be primd facie evidence (v) of the value of such property ; " Real projierty " means a lot or portion of a lot may go behind the rate-book and decide what the real value is : Cooke v, Butler, L. R. 8 C. P. 256. The proper criterion of clear yearly value within I the Act (Imp.) is the fair annual rent, without making any deduction on | account of repairs or insurance: Colvilt v. Wood, 2 C. B. 210; s, c. 10 Jur, 336. What is such clear yearly value is a question of fact for the Revising I Barrister, and with his decision the Court will not interfere : Ooocfan v, Lmkett, 2 C. B. 182; s. c. 10 Jur. 141. The assessment of premises should I proceed on the estimate, not of the rent actually paid for the premises by I the occupier, but of the rent at which they might reasonably be expected to| let from year to yeir : Hayivard v. Brinkworth. 10 L. T. N. S. 60S. {t) The expression, ''best information in his possession at the time of suchj revision," was in the original draft of the bill, and before the proviso was | added making the assessment rolls prima facie evidence of the value property for the purposes of the franchise. The assessment of property has! been held to be in the nature of a judgment, and being prima facie bindinn by this Act, may be looked at as a verdict of a jury, which should only b«l increased, reduced, or set aside, by a judicial proceeding of which the parties! concerned have had due notice, and on such evidence as would be properly! receivable in such a proceeding. It would therefore seem proper to construej the word "information" as meaning " evidence." {«) "The process of assessment is in the nature of a judicial proceeding:'! Per Strong, J., Nicholls v. Gummimj, 1 S. O. R. 427. Notice of th j assessF ment to the party assessed is essential to validity of the assessment roll;! Ibid. 393 ; i'^ order that such party may protect himself against any improperl valuation of his property : Ibid. 420. "The process of assessment is tiuallyl completed when the Clerk certifies the roll as having passed the Court ot'l Revision, unti' which time the udsessment is not perfected :" Ibid. 431. (v) Where the law presumes the affirmative of any fact, the negative oil such fact must be proved by the party averring such negative : inWiflwl V. Eaut fiidia (' iiipani/, 3 East 192. Disputable presumptions of law mayl always be overcome by opposing proof. The law defines the nature audi amount of the evidence which is sufficient to establish a prima facie case,! and to throw the bui'then of proof on the other party ; and if no opposiuJ evidence is oflFered, the jnry are bound to find in favor of the presumptionf 1 Taylor on Eindeuce, 115. If a disputable presumption of law is in favor oil an affirmative allegation, the party who supports the negative must calll witnesses to rebut the presumption : Ibid, 335. 8.2.] TJie Electoral Franchise Act. 51 irae of ■ or other portion or sub-division of real proj^erty, or a 'oils as ■ house, store, office or building of any description whatso- House, prt»i(J ■ ever, or any portion thereof, {w) situate upon real property °®*^®' **'• and forming part thereof ; " Section " means a section of this Act j "Section." («;) The following decisions have been given under a similar clause in the I Imperial Act. A "wind mill" stood on a piece of ground enclosed by a fence large enough to clear the wings. It was fixed on a post upou Ipattens in a foundation of brick work. Nothing was shown as to the occu- Ipaut's title: Held, vote good: Bedfordthire (Marshall's Case), 2 Lud. 441. A I "cow house," or " stable," built of stone, conveniently placed for the occupa- tion of the laud, is a "building:" Whitmore v. Bedford, 5 M. & Gr. 9 ; s. c. 7 Jur. 11064. " Suppose goods were put into this stable, it would then become a ware- douse ; and if those goods were sold therein, it would become a shop :" Per jMaule, J. , Ibid. So a structure, the lower part used as a stable for cattle and the upper part for the servant of the occupier : Niinn v. JDeiUon^ 7 M. & Grr. 66. A "stoue building" with three sides— used for milking a cow and storing lay : Gilliam v. Harris, 13 L. T. N. S. 763. A "linhay " with a crib in it : Mabon V. Harris, Ibid. 7(J4. A "shed" placed against a paling, and formed of six posts supporting a tarpaulin for roof: Watson v. Cotton, 5 0. B. 51 ; s. c. 11 Jur. 1106. A "wooden structure" used for storing potatoes: Powell'^. Farmer, 18 C. B. N. S. 168. A "stone building" used for storing guano : hrwlck V. Harris, L. R. 1 C. P. 155. A "lime-kiln" excavated in the cliflf, rithout a cover or support : Lyme Regis {Oenge's Case), Bar. & Aus. 485. But not a "shed" made of boards, put up by a political agent to manufacture a Fnte, though used for storing agricultural implements : Powell v. Boraston, 18 B. N. S. 175. Qtum-e, if a "pig-stye " built of boards let into the ground bail be described as a building which can be "occupied" within the statute: \w('ll V. Farmer, 11 L. T. N. S. 736. The following have been held to be buildings in Scotland : a church ; a stall in a market ; a wooden stable, but feiuovable ; a summer house in a garden ; a barn : Nicolson on Elections IScot.) 97. But seats in a parish church, a ruined ice house, and a wooden |ool house in a garden, have been rejected ; while pig-sties, a rope-walk, and aii-pits, have been idsor, & 0. 153. Or if the house has been burnt: L;/me Retjis [Cozen'' s Case) ^ far. & Aus. 463 ; the voter continuing to hold the site : Whitley v. McCkan«t |4 L. T. N. S. 899. See, as to the right of lodgers, note (a) p. 82, pout. 52 The Electoral Franchise Act. [s. 2, siils.! "The Province" means that Province of the Dominici in which the revising officer in the case or matter reieiredj to is appointed j "The Revising Officer" means any revising offitei ajipointed for the place referred to in the context, aij competent to do the thing required ; Ti"ie: 2. If the time limited by this Act for any proce(dit| Sundays and r xi j • £ / i -x • • J holidays or lor the doing or any act under its provisions expiii excluded. qj. ^^\[^ upon a Sunday, (x) or day which is a jiuli , 'The ProTiBce." "The Bevising Officer." (x) At conmnon law Sunday was included in the calculation of tin,J IidwUns V. West L'erly, 2 C B. 72. Where, under a statute, the la^t for giving notices of appeals from the list of voters happened to le dj Sunday : Held, that such notices might legally he given on that day ; t| tervice is not void by statute or common law : Jbid. A notice mailed soi to be received on Sunday is good : Cvlville v. Leuii, Ibid. 60. "Where m\k of an appeal from a conviction was required to be served "within six daJ after " the conviction, the conviction being on Monday, 2iid May, a notiitf appeal served on Monday, 9th May, was too late: lieg. v. Juatices o/iVij dliaex, 7 Jur. 396. Nomination papers vere required to be sent in alteii 14th and before the 26th March, or if such day was a Sunday, then thee following : Held, that the delivery of a nomination paper on Sunday, 2f| March, might be treated as a delivery on the Monday following ; ii'fj/J Poor Law Covivmaioners, 1 Jur. N. S. 261 ; see also 4 E. & B. 314. reason of Sunday not being a day of business is the decent observance ofd Sabbath :" Per Eyre, C. J., in Mesure v. Briiitu, 2 H. Bl. 617. A notice! quit given on Sundo ; is valid : Savgster v. 2^'oy, 16 L. T. N. S. 157. B. S. 0. c. 119, chat 1 mortgages are to be registered within five daysafi execution. A chattel mortgage executed on the 12th was registered oii« 18th, the 17th being Sunday : JJeld, that Sunday counted as one of the I day s, and that the registration was too late : JiJcLean v. Pmkerton, 7 J^l 490. It is irregular to make an affidavit of debt, or to issue a writ| Sunday : hall v. Bruah, B. & J. Big. 3683. A writ issued on a Suudaji nullity : Carrall v. Pculkes, 5 D. & L. 690 ; and the date of the writ is j amendable : JUJcKivnon v. Proud, 1 B. E. I. 474. Service of process on Suu^ is absolutely void : Taylor v. Phillipa, 3 East 156. So is service of a uotiwl produce : hughes v. Budd, 4 Jur. 150. Service of a notice on Good Frii IS good : Clarke v. Fuller, 2 U. C. Q. B. 99. Where the seven days limij for issuing a capias expired on a Good Friday : held, that it might issuej earliest practicable day thereafter: hvghta v. O'rijfith, 13 C. B. N. S. \\ here the last day for doing an act which is to be done by the Court, n on a Sunday or holiday, it may be done on the next practicable day tbf after : Jbid. As the Courts do not sit on Sunday, iio judicial act caul 36 e( r 2 s'lls ?B^'^' ^^^^^* ^'] ^^^ Electoral Franchise Act. 53 tte DominicB Qiatter leierredl revibirig officei le context, am any pioc€( dii^ )visioiis expii« ch is a ijullij dilation of tmij ute, the lafct jpentd to Le cm on that clay ; ij Dtice mailed sof GO. Where notiJ "within six da d May, a notittj V. Justices of il/ij be sent in alter 11 iiday, then thecj ;r on Sunday, Kf following : lie^] . & B. 314. t ohservance ofli , 617. A noticel T. N. S. 157. thin five dayealj !iB registered on I I as one of the Fivkerton, 7 ^.1 to issue a wiiti ed on a Suudaji e of the writ isi f process on Simvl ervice of a iioticel ce on Good I'ril seven days liml it it might isBuef 13 C. B. N. S. by the Court, ttcticahle day M ) judicial act cat! (D). loliday or holiday under " The Interpretation Act," (y) f^^'"' °* the time so limited shall be extended to, and such act lay be done upon the day next following which is not a Sunday or such a holiday as aforesaid. lone until the followiag Monday: 1 Ch. Arch. 142. Where an elecbion )3titioii w.'is to be filed twenty-one days after the receipt of the return by the pierk of the Crown in Ohansery, exclusive of holidays : Held, that in the pompiitation of the twenty-one days Good Friday, Easter Sunday, and Jister Monday were excluded : West Toronto, 5 Pr. R. 394, 31 U. C. Q. B. |I99. See also, Oihsoti v. Michael's Bay Lumber Co., 7 Out. R. 746. (y) The expression "holiday" includes Sunday, New- Year's Day, the Epiphany, the Anuunciation, Good Friday, the Ascension, Corpus Chrisbi, 'it. Peter and St. Paul's Day, All Saint's Day, Conception Day, Easter ^I)nday, Ash Wednesday, Christmas Day, the Birfciiday of the reigning liavereign, Dominion Day, and any day appointed by proclamation for a ^e:i3ral fast or thanksgivinsf. The general rule for the computation of tiine h'A by statute is, unless there ia something in the statute to the contrary, [o hold the first day excluded and the last day included :' Rex v. Justices of limberland, 4 N". & M. 373. The question whether, in computing time from kn act or event, the day is to be included or excluded, may be thus stated ; RViiere the act done from which the computation is made is one to which |;h3 party again i whom the time runs is privy, the day of the act done may peasoaably ba included ; but where it is one to which he is a stranger, it ju^hb to ba excluded : Lester v. Garland, 15 Ves. 248. Where an act is bjuired by a stabube to be done so many days "at least " before a givon Evjiit, the tim3 must be reckoned excluding both the day of the act and |;hit of the event : Rf.g. v. Justices of Shropshire, 8 A. & E. 173. Similarly There the stabube prescribes so many "clear days:" Watson v. Sales, 23 "ijiv. 294; and in computing such, Sunday is excluded: Re Crooks, 1 jhy. Cli. 394. " Our law rejecbs fractions of a day more generally than the civil law does. The effect is to render the day a sort of indivisible point, so ;'ut any act done in the compass of it is no more referable to any one, thaa iiaay other, porbion of it ; but the act and the day are co-exbensive ; and therefore the act cannot properly be said to be passed until the day is )i33ed ;" Per Sir W. ^rant, M. R., 15 Ves. 257. Judicial proeeedings 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. 48S ; 3. c. 5 Jur. N. S. 771. Also the loyal Assent to Acts of Parliament : Converse v. Michie, 16 U. C. C. P. 167. rime appointed for the sitting of the Court is mean time where the Court Bit^, and not Greenwich time : Curtis v. March, 3 H. & N". 866. Where the Mtch of a Returning Olficer was used on the first day to open and close the pll, and to open it on the second day, without objection as to its correct- [11383, the time marked by his watch may be properly taken as the correct time to close the p^ll : Raj. ex rel, Lutz v. Hopkins, 7 U. C L. J. 152. u The Electoral Franchise A ct. [s. 3, subs. 1. I s. 3, sul Persona to be ▼oteniin cities and towns, if qualified as to — Age. QUALIFICATION OF VOTERS IN CITIES AND TOWNS. 3. Every person shall, upon and after the first day of January in the year of Our Lord one thousand eight hundred and eighty -six, be entitled to be registered on the list of voters for any electoral district or portion thereof in Canada, being a city or town or pait of a city or town, or including any city or town or part of a city or town, and when so registered to vote at any election | for such district, (s) if such person — (1.) Is of the full age of twenty one years, (a) and is (2) The various definitions of voters to whom the right of voting has been extended by this, and some of the Provincial Franchise Acts— ranging from one to nine classes of voters — indicate that an elaborated and refined classifi- 1 cation of voters, with a minimised and vicarious grasp a', a property qualiti- cation, is peculiar to advanced modern political legislation. If this clause I had been made to end before the words "if such person ;" or if to the " male persons not [hitherto] otherwise qualified to vote," had been added the song of "tenants" and "occupants" of farms, and of other real property, it might easily be conceded that this elaborated and refined classification, with its intricate and technical qualifications as to the title, value, occupancy, income, employment, race, residence, and relationship, of its eight classes of I voters, would be found unnecessary ; for then the Electoral Franchise would be coming squarely back to its pristine quality, and might have touched bottom in "Manhood Buflfrage ;" — which was the common law suflfrage of England up to 1429, the time its Parliament, in defining "what sort of mea shall be choosers," "made an inroad on the liberties of the people" by requiring the standard of a voter's political intelligence to be guaged by his possession of a 40s, freehold. " The common law placed all elections in the hands of the people :" Hudson on Elections, 30. "It is not clear whether any landed or freehold qualification was requisite to entitle a person to vote at elections before this statute" (8 Henry VI. c. 7, 1429) : Simeon o?i Elections, 13, The preamble of the statute of 1429 recites, with aristocratic exclusiveness^ that "many county elections have now of late been made by very great, outrageous, and excessive numbers of people, dwelling within the said coun- ties, of the which most part was of people of small substance and 0/ no value, whereof every of them pretended a voice equivalent with the most worthy knights and esquires. " " This was the first statute which required a qualifica- tion of landed property, or, to speak in a manner more strictly constitutional, which deprived persons in a very low and dependent situation of the exercisu of the privilege of voting :" Simeon on Elections, 59. See note (a) ante p. 13, and latter part of note (0) p. 16. (a) The full age of twenty-one years is completed on the day preceding s. 3, subs. 1.] TJie Electoral Franchise Act. 55 not by this Act, (6^ or by any law of the Dominion of ^?^ "^.* Canada, (c) disqualified or prevented from votin^^, {d) and the anniversary of a person's birth : Anon. 1 Salk. 44, So if he were born on the 1st Fel)ruary at eleven at night, on the last day of January in the twenty-first year, he is of age, from the first moment of that day : Hudnon on Elections, 160; and he would be qualified to vote on that day : Bogei's on Elec- tions, 182. A person born on the 16th August, 1725, who died on the 15th j August, 1746, was held to have lived to attain the age of twenty-one years : Toder v. Sansam, 1 EiO. P. C. 468. If, previous to the revision of the ^voters' list, one objected to as a minor comes of age, his name will not be and is ■ struck off the list : Powell v. Bradley, 18 C. B. N. S. 65. And although a \ minor when his residence, or his occupation of premises, commences, it is sufficient if he is of full age when he applies to be placed on the list of voters: /hid. 11 L. T. N. S. 602. Legal incapacity applies to the time of registration : Lord Jiendleaham v. Haward, L. R. 9 C. P. 250. The date of I the qualification of an elector is that of the election list ; and it is at the time of the making of the list that the qualification should exist: Be IKamouraska Electoral Lists, 3 Q. L. E. 308. An objector must proceed to prove personal incapacity affirmatively, but he may be allowed to do so from a cross-examination of the voter or his witnesses :' Elliott on Electors, 1343. (h) The persons disqualified by this Act are described in s. 11, jiost. (c) No judicial interpretation has yet been given of the expression, "any law of the Dominion of Canada disqualifying or preventing persons from voting ;" but it may be paraphrased to mean : the common and statute law iu lorce in the Dominion of Canada under which persons are disqualified or prevented from voting at elections. The general statutes and rules governing the introduction of English law into Canada are as follows : By the Imperial Act, 14 Ceo. III. c. 83,8. 11, the criminal law of England, as then (1774) existing, was made applicable to the Province of Quebec (now the Pi-ovinces of Ontario and Quebec) : Beg. v. Coote, L. R. 4 P. C. 599. By the Upper Canada Act, 32 Geo. III. c. 1 (R. S. 0. c. 92), the law of England as then (1792) existing was adopted in all matters of controversy relating to property and civil rights in Upper Canada. "We are bound by the law of England where there are no enactments to the contrary, and the lex Parliamenti is a part of that law :" Per Draper, J., in Beg. v. Oamhle and Boullon, 9 U. C. Q. B. 554. By the Upper Canada Act, 40 Geo. III. c. 1 . S. U. C. c. 94). the criminal law of England, as it stood on the 17th September, 1792, was est vblished as the criminal law of Upper Canada : Beg. v. Mercer, 1 7 U. C. Q. B. 602. In countries originally settled by bi'tish subjects, the common and statute laws of England previously in force, cvn'1 applicable to their situation and condition, are in force : 2 P. Wins. 75. In countries so settled, there being no preceding laws in force to contest the superiority s^ith them, the common and statute laws of England applicable to their 56 lice Electoral Franchise A ct. [s. 3, subs. 1 , condition are in force : Clai'k^s Col. Laio, 7. In countries acquired by concjuest or cession, the former laws remain in force until provision is made for tlieir government by the Crown (which has power of legislation by Order-in-Council), or by Parliament : Mills's Col. Cons. 19. Whore, by Iloyal Commission, a new Constitution has been granted to a colony, which Commission has generally directed that the law administered in its Courts of Justice shall be in all things as nearly agreeable to the law of England, the law of England is the rule in cases not specially provided for : Clark's Col. Law, 7, n. Where such a Constitution is granted to a colony acquired by conquest, the Crown, by such grant, precludes itself thereafter from the exercise of sole legislative authority over such colony, and such grant is irrevocable : Chapman v. Hall, 20 How. St. Tr. 239 ; s. c. Cowp. 204. The King, without the concurrence of Parliament, has full power of legislatiin in a conquered country ; but such legislation is subordinate to the Kind's own authority in Parliament ; he cannot change fundamental principles : Per Lord Mansfield, C. J., in Ibid. The common law of England relating to Parliamentary elections is in force in Ontario, and applies to elections for the House of Commons : Cormoall, Ho. E. 0. 547. " As soon as Cxna li cexsed to belong to France the law of Canada ceased to exist, and the law of England came in :" Per Smith, J. in Corse v. Corse, 4 L. C. J. 314. (B it see 14 Gjo. III. c. 83, s. 8.) The only English law introduced into Lower Canada w is that relating to the tenure of lands : Stnoard v. Boroman, 3 L. C. R. 211 ; and to wills: Migneault v. Malo, L. R. 4 P. C. 123. The election laws of the former Province of Canada are in force in Quebec, under ss. 41 and 129 B. N, A. Act, as respects Dominion elections : Willdt v. De.Oroshois, 17 L. C. J. 293. The Avhole of the English common law is recognized as in force in Nova Scotia, excepting such parts as are obviously inconsistent with the circumstances of the country ; while, on the other h md, none of the statute law is received except such parts aa are obviously applicable and necessary : Uiiiacke v. Dlchon, James, N. 8. 287. In deciding the question of the extension and adaptation of the English statute law, we have no very definite rule to cruide us : Per Parker, J. in Doe d. Hannintjton v. McFadden, Bert. N. B. (2nd ed. ) 277. The question depends on the consideration whether it be a local law adapted solely to England, or a general regulation of property equally applicable to any country in which English law prevails : Per Chipman, C. J. in Kavanarfh v. Phelon, 1 Kerr, X. B. 472. It is considered that New Brunswick, Nova Scotia, and Prince Edward Island were established as settlements soon after their discovery in 1497 : 1 Burffe's Col. and For. Law, xxxiv. The laws of Prince Edward Island are the laws of P]ngland in force at the time of its acquisition; J hid. 464. The English common law was not introduced into [Manitoba and] the North- VV est Territories by the treaty of cession from F'rance to England, nor by the Imperial Proclamation of 1763, establishing Provinces ; but only those portions of the common law which were introduced by the Charter of the Hudson's Bay Company: Connelly v. Woolrich, 11 L. C. J. 197. The English common law prevailing in the Hudson's Bay Territories does not apply to natives who are joint occupants of the territories, nor does it super- cede or abrogate within such territories the laws, usages, and customs of the aborigines : Ihid. The laws in force in Manitoba have been as follows : Up to s. 3, subs. 1.] The Electoral Franchise Act. 57 18f)2, the law of England at the date (1670) of the Hudaon's Bay Company's Charter. In 1862 the law of England at the date of Her Majesty's accession, was introduced. In 1864 the law of England aa it stood on the 7th January, 18G4, was declared to be the law of Assiniboia : Keating v. Mokes, 2 Man. R. 47. Sinc3 some of the foregoing decisions, the Dominion Controverted Elec- tions Act, 37 Vic. c. 10, s. 4, has enacted that the common law of Parliament, in so far as the same relates to acts in reference to elections which are recognized by it as corrupt practices, shall be applicable to elections for the House of Commons. [d) The disqualifications from voting are those arising from : (1) age, (2) sex, (3) miintil condition, (4) alienage, (5) crime, (6) rank, and (7) office. (1) Men •within tha age of one and twenty years : 4 Co. Inst. 5 ; and they are also expressly disqualified by various statutes : Hudson on Elections, 159. (2) Woman : Oharllon v. Lings, L. R. 4 0. P. 374 ; Broion v. Ingram, 7 Sess. Oa. {Scat.) 231. See note (c) p. 28. (3) Lunatics. " There are four manners of noil compjs mentis: (a) Idiot or fool natural. (6) He who was of good and sound memory and, by the visitation of God, has lost it. (c) He who is sometimes of g )od and sound memory, and sometimes not. (cl) By his own act, as a drunkard :" Biverley's Case, 4 Co. R. 124. Lunatics so long as they have not Timlerstinding ; but in lucid interrals they are entitled to vote : Hadsoii on Elections, 160. The vote of "a melancholy man and scarce compos mentis" was held good: Wendover (Bening^s Case), 13 Com. J. 42; "being * scarce ■compos mentis' admits that he was just in a situation to give his vote :" Hei/ioofii on Elections, 166. One "so disordered in his senses that he could uotrepeit the oaths:" Held, disqualified: Oxfordshire, 27 Com. J. 177; so also, one "incapable of declaring his vote :" Malmsbury, 20 Com. J. 77. See other cases in Hudson on Elections, 160. One deaf, and dumb, and blind, if he can signify by signs the purpose for which he has come to the poll, and the obligation of an oath, should be allowed to vote : Rogers on Elections, 184. A voter who, being intoxicated, did not know for whom he voted, cannot afterwards change his vote : Monmouth {Llewellyn's Case), K. & O. 413. A voter, so drunk that he was incapable of knowing what he did, was brought to the poll between two supporters, and voted : Held, vote good : Wigan {Li/on's Case), Fal. & Fitz. 695. (4) Aliens. The common law con- siders an alien as incapacitated to vote, because he labors under a personal incapacity in that he cannot be elected or appointed to any public office whatever : Heywood on Elections, 157. The House of Commons, on the 22nd December, 1698, resolved nem. con. "that no alien, not being a denizen or naturalized, hath any right to vote in elections of members to serve in Parliament : 12 Com. J. 367. An alien is the child of a foreign father, bora in a foreign country, or the child of a naturalized father, born in a foreign country before the naturalization of the father : Lely iindalk, 1 P. R. & D. 92. A person born 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, held to be a British subject : Beg. ex rel. Mc Vean v. Graham, 7 U. C. L. J. 125. A natural-born subject does not lose his rights by residing in a foreign country, or by holding ofl&ce there, and his son, being within 4 Geo. II. c. 91, is a British subject : J^oe dem. Hay v. Hunt, 1 1 U. G. Q. B. 367. A natural-born subject continuing 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. Patterson v. Divis, 5 U. C. 0. S. 494. But see also, Sutton v. Sutton, 1 Ru3s. & Mv. 653, and Stewart v. Howe, 6 Diet, of Dec. (Scot.) 4649. Where the children of a person who remained in the United States after 1783, came to Cmada in 1792 and 1794, and took the oath of allegiance, the disability was held to be removed by U. 0. Act, 9 Geo. IV". c. 21 : Mont- gomery V. Graham, 31 U. C. Q. B. 57. When a voter was born in the United States, of British-born subjects, his father and grandfather being U. E. Loyalists, he was held to be a British subject : Stormont (Place's Cane), Ho, E. C. 21. Where a voter swore he was born in the United States, but that his parents were British subjects : Held, that his statement was that he was born in the United States of British parents: Lincoln (2) {Mulrcnnan's Case), I hid. 500 ; s. p. Brockville, [bid. 129. An Englishman (A), who went to the United States after the treaty of 1783. and bacame 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 offise and voted there, 8. 3, subs. 2.] The Electoral Franchise Act. 61 married an American woman, and had a ern (B) Lorn there, \ V ;v^ o^ % A? Wjl f ^ 88 The Electoral Franchise Act. [s. 4, subs, 7. Residence on farm. Value. If father is (J) If his father is dead, is and has been reside'-'t coii- tinuously on the farm of his father (or mother [g) after the death of his father) in such electoral district, for one year next before the first day of January, in the year of our Lord eighteen hundred and eighty-six, or in any sub- sequent year, if the said farm is of sufficient value, if equally divided among all of the sons of such father as co-owners, to qualify them as voters under this Act, in which case such one or more sons as may desire may be If value not reoristered on the list of voters ; and if there be more than ■uffleieiit to '=' • 1 , r • 1 . 1 i» J 1 • • ^ qualify all One son resident as aforesaid on the farm and claiming to sons. J3g registered as voters in respect thereof, and the farm is not of sufficient value to give each of such sons the right to vote in respect of such value when equally divided, then the right to be registered as a voter and to vote in Elder sons respect of the farm shall belong only to the eldest or such may vote, ^f ^.lie elder of the sons, being so resident as aforesaid, as the value of the farm when so equally divided will qualify : (Ji) — Proviso : son must be resident at time of election. Absence. Provided (i) that in either case, in order to entitle him to vote, the son must at the time of the election for the electoral district in which he tenders his vote, be so resident with his father (or mother after the death of his father) ; but occasional absence of a son from the farm for not more in all than six months their names registered on the voters' list. Those of them who exercise this option, and "claim to be registered as voters," are to entered on the hst according to their seniority by age, not according to their degrees of relationship to the owner. See note (j) p. 80. ((]) See note (/) to clause h of subs. 7, s. 3, p. 80. There is nothing in this Act varying the ordinary rules of law as to the acquisition of titles to real property by possession, bequest, descent, conveyance or purchase. {h) See notes on pp. 80 and 86. (i) This proviso is similar to that on p. '81. iSti'^ s. 4, subs. 8. The Electoral Franchise Act. 89 in the year {j) shall not disqualify such son under this Act as a voter ; or — (8.) Is the son of any owner of real property in such As an own- elt'otoral district, other than a farm (and not otherwise qualified to vote) [k) and — If father is living. Residence witti father. {a) If his father is living, is and has been resident upon such property continuously with his father, being such owner, for one year next before the first day of January, in the year of our Lord one thousand eight hundi'rjd and eighty-six, or in any subsequent year, if the real property on which his father resides and in respect of which such father is qualified to vote under this Act as owner, is of sufficient value, if equally divided among them as co-owners, to qualify them as voters under this Act, in which case both the father and such one or more sons as may desire may be registered as voters ; and if the said property be not of sufficient value to give the father and each of such sons the right to vote in respect of such value when equally divided, then the right to be registered as a voter and to vote in respect of such real property shall belong only to the father, or to the father and the eldest or such of the elder of the sons, being so resident as aforesaid, as the *alue of the real property when equally divided will qualify ; or — (6) If his father is dead, is and has been lesident if father is upon such property continuously with his father (or his mother (J) after the death of his father) being such owner, property?^" {)) See notes a« to residence {ante p. 74 and 76) and "occasional absence," {ante p. 79.) The expression "six months in the year" refers to the qualify- ing year, i.e., " one year next before the first day of January," mentioned in clause 7 (a) to this section. (/;) These clauses are substantially the same as those relating to owners* «on3 in cities and towns, except as to the value of the franchise qualification which is fixed at f 150 iu townships, villages and parishes. See notes on pp. 78-81, and 85. ., . {I) See notes on pp. 80 and 86. ■ ' If value not sufficient to qualify all sons. Father and elder sons may vote. liil' m m < nr, 'rtwwr«?r'«Sfitt*a»3-a 90 The Electoral Franchise Act. [s. 4, subs. 9. If value insufiBcient to qualify all sons. Elder sons may Tote. Proviso : Son must be resident at time of election. Absence. As a fisher- man. for one year next before the first day of January, in the year of our Lord one thousand eight hundred and eighty- six, or in any subsequent year, if the real property on which his father (or his mother after the deuth of his father) resided or resides, and in respect o^ which such father would be qualified to vote under this Act as owner if living, is of sufficient value, if equally divided amongst all of his sons as co-owners, to qualify them as voters under this Act, in which case such one or more sons as may desire may be registered as voters ; — and if the said property be not of sufficient value to give each of such sons the right to vote in respect of such value when equally divided, then the right to be registered as a voter and to vote in respect of such real property shall belong only to the eldest or such of the elder of the sons, being so resident as aforesaid, as the value of the real property when equally divided will qualify : Provided (m) that, in either case, in order to enable him to vote, each such son must, at the time of the election for the electoral district in which he tenders his vote, be so resident with his father (or mother after the death of his father) ; but occasional absence of the son from the residence of the father or mother for not more in all than six months in the year, shall not disqualify such son as a voter under this Act ; {n) or — (9.) Is a fisherman, (o) and is the owner (j;) of real property and boats, nets, fishing gear and (m) Same as the proviso on pp. 81 and 87. (n) See notes on pp. 79, 80, 81 and 87. (o) This clause haa no application to cities and towns. The words "within any such electoral district refer to the electoral district defined in s. 4, p. 82, which excludes "a city or town, or portion of a city or town ;" and not to the term "electoral district" defined on p. 46. See the cases referred to in the latter part of note (v) p. 83, and s. 5, pout. (p) Three qualifications must he combined to confer the right to vote under this clause, besides those prescribed in subs. 1 and 2 of this section : (1) ss. 5-6. The Electoral Franchise Act. 91 tackle {q) within any such electoral district, which ^®*' property together are of the actual value of one hundred and and boats^ fifty dollars. «i^<*- APPLICABLE TO ALL ELECTORAL DISTRICTS. 5. The qualifications required of voters under section Voters iu three shall apply to voters in a city or town or the part towns. of a city or town attached to a county or riding of a county in any electoral district, for electoral purposes S- 3. under this Act, (r) and the qualifications required of voters under section four shall apply to voters in such And other municipalities or places not being cities or towns or por- pieces. tioDS of cities or towns, as are attached to or included for electoral purposes in cities or towns or portions of cities ^* *" or towns, {s) 6. Whenever two or more persons (t) are, either as Tenancy in ' common or Being of the trade or occupation of a, fisherman ; (2) Being the owner of real property ; and (3) Being the owner of personal property described as "boats, nets, fishing gear, and tackle." The total value of such real and personal property must be $150. [q) The "tackle, apparel, and furniture" of a vessel mclude equipments necessary for the purposes of her vojage and adventure : Hall v. YattK, 1 P. E. I. 331. (r) See notes to the several clauses of this section on pp. 54-83. («) See notes to the several'dauses of this section on pp. 84-89. (<) Prior to modern legislation respecting the class of voters provided for in this section, it was held that joint-tenants, and tenants-in-common, of freehold estates.tand for freehold interests, had a right to vote ; the former as being seised individually per my et per tout; and the latter as having each a separate interest in their respective shares ; and this notwithstanding the "Splitting Act," 7 & 8 Wm. III. c. 25, s. 7, which provided that " no more than one single voice should be permitted to vote for one and the same house or tenement." Coparceners, however numerous, have but one estate among them ; but, subject to the suflSciency of value, each may vote : Warren on Elections, 70. "Where seven persons were rated together for one joint sum, all being in the occupation of the premises : JJeld, entitled to vote : Vrkklad^ (Jacobs's Case), 2 Lud. 538. ' "^' 92 The Electoral Franchise Act. [s. 6. ?D^*'^^t'"* business partners, (w) joint tenants, {v) tenants in com- (u) A partner combines in himself the two characters of principal and agent, as where a man orders another to carry on trade, or to buy and sell, and to pay over the profits to him, he is the principal, and the person ao employed is the agent. This is the true principle of partnership : Cox v. Hickman, 8 H. L. Cas. 268. To constitute a partnership the parties must participate as well in the losses as in the profits : Orace v. Smith, 2 W. Bl. 1000. Participation in profits is not conclusive evidence of the existence of a partnership. It is very cogent evidence ; but the effect of a participation in profits may be outweighed by other circumstances : Ex parte Tennant, (J Ch. D. 303. Notwithstanding a stipulation that the parties should not be partners, an agreement to share the profit and loss of a business, entitles each party, as against the other, to the general rights of a partner : Patvsey v. Armstrong, 18 Ch. D. 698. Where A, having neither money nor credit, induced B to order with him certain goods upon an adventure, and agreed that if any profit should arise B should have one half ; B ordered the goods and paid for them : Held, not a partnership inter se, only an agreement for compensation for trouble and credit : Hesketh v. Blanchard, 4 East 143. An agent who is paid by a proportion of the profits of an adventure is not a partner in the goods : Mei/er v. Sharpe, 5 Taunt. 74. A partner in a firm agreed to give his clerk one-third of his (the partner's) own share in the profits. The other partners assented : Held, that this did not make the clerk a partner : Holme^s Case. 2 Lewin's C. C. 256. Where, under an agreement that the plaintiff should apply bis whole time to the business, and receive therefor a salary and a proportion of the profits, but if, in any year there should be a loss, the defendant only should bear it, and rl, after the division of profits, any unex- pected claim should be made upon them, the plaintiff should not be called upon for more than the amount he should receive as profit : Held, a contract or hiring and service, and not a partnership : Ross v. Farh/ns, L. R. 20 Eq. 331. Where a partnership has been formed for the purchase and sale of lands, the land is in the nature of the stock-in-trade of the partnership, and the Court will deal with it as partnership property, although the ownership has not been in all the members of the firm : Dale v. Hamilton, 5 Hare 368 ; s. c. 11 Jur. 163, 574. (w) "Joint tenants are, as if a man seised of certain lands or tenements, and thereof enfeoffeth two or three or more, to have and to hold to them and their heirs ; or leaseth to them for term of their lives, or for term of another's life, — by force of which feoffment, or lease, they are seised, — these are joint tenants :" 1 Co. Litt. 728. Joint tenancy cannot arise by descent or act of law, but merely by purchase or acquisition by the act of the party ; and unless that act be one and the same, the two tenants would have different titles ; and if they had diffei'ent titles, one might prove good and the other bad, which would absolutely destroy the jointure : 2 BL Com. 181. An estate in freehold cannot stand in jointure with a term of years ; and a reversion of a freehold cannot stand in jointure with a freehold, and inheri- tance in possession : 1 Co. Litt. 731. Neither can one joint tenant be tenant- 8.6.] The Electoral Franchise Act. 95. mon, (w) or by any other kind of joint interest, (tc) the owners, or occupants of any lot or portion of a in-fee, and the other tenant-in-tail ; for unity of interest is one of the properties of a joint •estate: Ihid. n. The properties of a joint estate are unity of title, unity of uiterest, unity of time, and unity of possession : Ibid. Since the recent legislation aflecting married women's property, it has been held that under a devise to husband and wife the estate vests in them by moieties as joint tenants, and not as tenants by entireties : Re March, 24 Ch. D. 222. [w) The essential diflference between joint-tenants and tenants-in-oommon. is, that joint-tenants have the land by one title, and in one right, and tenants-in-common by several titles, or by one title and by several rights : 1 Co. Litt. 768. And because they come to such lands and tenements by several titles, and not by one joint title, and their occupation and possession shall be, by law, between them in common, they shall be called tenants-in- common : Ihid. Ihe property is common to both of them, their occupation is undivided, and neither of them knoweth his part in seveial : Ibid. 759. The only unity required of tenants-in-common is that of possession ; for one may hold his part in fee, the other in tail, or for life ; so that there is no unity of interest. One may hold by descent, another by purchase ; so that there is no unity of title. One's estate may have vei^ted for fifty years, the other's but yesterday ; so that there is no unity of time : 2 Bl. Com. 191. (a) ' ' Parceners are of two sorts, to wit : parceners according to the course of the common law, and parceners according to custom. Parceners after the course of the common law are, where a man or woman seised of lands or tenements in fee simple, or in tail, hath no issue but daughters, and dieth,, and the tenements descend to the issues :" 1 Co. Litt. 678. Parceners by custom are where a man seised in fee simple, or fee tail, of lands of the tenure of gavilkind, and hath issue divers sons, and die, such land shall descend to all the sons by the custom : Ibid. 080. Many times parceners are called coparceners ; the tenancy is an inheritance to be divided : Ibid. 679. The properties of coparceners in some respects resemble those of joint tenjints ; for they have the same unities of interests, title, and possession : IhkL 681 n. Coparceners always claim by descent, but joint-tenants always by purchase. > ISo lands can be held in coparcenary but estates of inheri- tance, which are of a descendible nature ; whereas not only estates in fee and in tail, but for life or years, may be held in joint tenant- 2 BL Covi. 188, There is no unity of time necessary to an estate in copai jnary ; the estate may vest in each of the coparceners at diflerent times: 1 Co. Lift. ^10 v. If an estate be made to a man and a woman, and their heirs, before marriage, and afterwards they marry, the husband and wife have moieties betv ttn them : Jbid. 740. Where husband and wife take an estate to themselvea jointly during the coverture their interest was denominated a tenancy by the entirities : Jbid. n. But now it is a tenancy by moieties : Re March, 24 Ch. D. 222. 94 The Electoral Franchise Act. [s. 6. electoral dis- flharls'^^uaH- ^^^ ^^ parcel of real property in any fyifsufflci. trict, {y) each of such persons whose share therein is suffi- ent. [y) The Imperial Acts of 1832 (3 & 4 Wm. IV. c. 45, s. 29), and of 1867 (30 & 31 Vic. c. 102, s. 27), are similar to the Ontario and New Brunswick Acta (see note (z) post), as to the mode of dividing the value of the joint property so as to qualify the co-owners as voters. The Act of 1832 provides that if the clear yearly value is of an amount which, when divided by the number of occupants, will give a qualification to each, then each occupier may vote. The Act of 1867 provides that where "the aggregate ratable value is such as would, if divided amongst the several occupiers, so far as value is concerned, confer on each of them a vote," each is entitled to be registered. But under that Act only two of such joint-occupiers could be registered, unless the property had come to them by descent, &c., or unless they were bona fide partners in business thereon. The following cases under these Acta may be referred to : Premises were jointly rated under the names of two persons ; no common purpose for occupying the premises was shown, but by agreement each occupied distinct portions, paying rent and taxes for the same : Held, a joint occupation : Johnston v. Flood, 5 Ir. L. R. 49. Premises in Westland Row, Dublin, were occupied by a parish priest and Beven curates ; each had separate apartments and exclusive use thereof ; the parish priest was irremovable, but the curates were liable to be removed : He,ld, that they were entitled as joint occupiers to be entered upon the voters' list, as they were tenants at will of premises of sufficient value to give a qualification to each : Mei/ler v. Metcalfe, Ibid. 54 ; s. p. Eng. v. Mayor of Belfast, Ir. R. 8 0. L. 42.S. Premises were devised to one of four brothers, subject to charges for the other three. The four brothers continued the business under the old style of their father's firm, and all, except one, tlie claimant, occupied the premises. He was held not entitled to be registered as a joint occupier : Reardon^s Case, 6 Ir. L. R. 420. The sole lessee of a mill took his three sons into partnership, and all resided upon the premises. The rent was charged to the partnership account, in which the four shared equally, but the receipts for the rent were given in the name of the lessee alone : Held, that the sons were qualified ; Rogers v. Harvey, 5 0. B. N. S. 3. The lessees of a house, taken for the purposes of the Corn Law League and in charge of the servants of the association, were held to be occupiers, as distinguished from the numerous other members of the association who subscribed to the funds (out of which the rent was paid) and wlio, as well as the icssees, transacted the business of the association at the house : Lackett v. Br ght, 2 C. B. 193. A tenant of a dwelling house, otherwise qualified witliin the meaning of the Act, does not become a joint occupier by letting a portion of such house to a lodger : Brewer v. McOov^en, 39 L. J. C. P. 30. The following cases have been decided under the Provincial Acts : Where four joint tenants and a doweress, whose dower- bvd not been assigned to her, were assessed jointly, as occupants of real property, for $900, the franchise value being $200 per voter : Held, that the interest of the widow should not be deducted from the assessed value, and that the four joint tenants were entitled s. 6.] The Electoral Franchise Act. 95 cient in value, {z) or in the case of tenants, in amount of v\ to vote : Brochville {Oilroy^s Case), 7 Ho. E. C. 129. Two partners occupied premises the title to which was vested in one of them ; the assessment being sufficient to give a qualification to each, both partners were held qualified to vote : South Orenville {Fitzgerald's Case), Ho. E. C. 163. Where only one of two joint tenants was assessed for the joint property : Held, not entitled to vote : Ibid. A and B possessed conjointly and by equal moieties a property valued at $300. Neither could be put upon the electoral list, as the qualifi- cation for each was $200. Neither could they, if they had been conjointly, and by equal parts, tenants of a property for which they paid annually $20 to $30, the qualification being $20 each. But if A owned one-third of the property, and B two-thirds, then B, as the owner of $200 of the assessed value of the property, could be put on the list and vote : Re Kamouraska Electoral Lists, 3 Q. L. R. 308. • (z) The Provincial legislation on this subject has not been uniform. Before Confederation, C. S. 0. c. 6, s. 4, subs. 3, provided that each partner in business, joint tenant, or tenant-in-common, or par indivis, if his share in the joint property was sufficient to entitle him to vote, should, in order to be entered on the assessment roll, and from thence to the voters' list, estab- lish his right and the value of his share in the joint property, before the Court of Revision, or County Judge. This was amended by 29 & 30 Vic. c. 13, s. 12, by striking out the condition requiring the parties to go before the Court of Revision, or County Judge, and by providing that the parties assessed, as aforesaid, should be presumed to be equally interested in such property, unless the contrary was shown. The provision that the actual value of the individual share of the pai'tner, joint tenant, or tenant-in-com- mon, in the joint property determines the qualification, has not been adopted in Ontario or New Brunswick ; but it has been in Quebec and Manitoba ; while in Nova Scotia the shares are to be apportioned according to the judgment of the assessors. Ontario (48 Vic. c. 2, s. 3, subs. 3) provides that where real property is owned or occupied jointly by two or more persons, and is rated at an amount, if equally divided between them, to give a qualification to each, then each of them is to be entitled to vote. Quebec (38 Vic. c. 7, s. 9) requires the share of each of the co-owners, &c., to be ascertained, and to be of sufficient value^to confer upon each the electoral franchise ; and provides that " he whose share does not amount to the value required for the elec- toral Buflfrage shall not be entered, nor be an elector. " Nova Scotia (48 Vic. «. 2, s. 5) provides that joint owners, &c., are to be entered in the assessors' returns, "and the property apportioned among them to the best of the assessors' judgment, and that such apportionment shall have the same force and eflTect as if each of such persons had been individually assessed in the amount set opposite their respective names." Neio Brunswick, (C. S. N. B. c. 4, s. 9) is similar to the Ontario Act, and provides that "when a firm is assessed in respect of property or income, sufficient to give each member a qualification, the several persons composing the firm shall be inserted in the list." And by c. 100, undivided interests in real estate are to be assessed ii ■am 96 The Electoral Franchise Act. [s.7, rent, according to the provisions of this Act, (a) to qualify such person as a voter in respect of real pio- perty, {b) shall be entitled to be registered on the list of voters, and to vote in respect of such share as if it were held in such person's individual name, and not jointly with one or more, (c) Income 7. Person qualified under this Act as voters in respect of income, {d) shall only be registered as voters and vote among the owners respectively, if known, but if not, then to such as may ])e known. Manitoba (C. S. M. c. 3, s. 62) provides that if the share of each co-owner, &c., is sufficient to confer upon him the right to vote, each of kucIi persons shall be deemed to he an elector; "but he whose share does nut amoiuit to the value required to confer the right to vote, shall not be so entered, nor be an elector." The Quebec, Nova Scotia, and Manitoba Acii expressly exclude the members of a corporation from being entered on tlie voters' list in respect of the corporate property. The section of the Act here annotated, requiring the share of each partner, co-tenant, &c., in tlie joint property to be sutiicient in value to qualify, is substantially the same as that contained in the Quebec and Manitoba Acts above referred to. Ste, as to Prince Edward Island, note (g) to s. 9, post. (a) The rental value is uniform in all electoral districts and is, monthly ^2, quarterly $6, half-yearly %\2, or yearly |20. See notes pp. 67-72, and 82-S'i. (6) The locality of the property determines the ratio of value to qualify for a vote. In cities and towns the actual value of the share of taoh co-owner and co-partner (if the partnership is "owner" of the real property) must be $300 ; or of the co-occupant and co-partner (if the partnership ia "occupant" of the real property) must be $200. In municipalities and places other than cities and towns, the share of each, whether "own>3r" (ir "occupant," must be of the value of $150. And the sons of each such co-owner may claim the right to be entered on the voters' list, if the father's share is sufficient to qualify them according to the prior provisions of this Act, and if etherwise qualified as to residence. See p. 78. (c) The entry of such person's name on the voters' list would be, for the purposes of the vote, a severance of the joint tenancy or partnership, &c.; but such entry would not be aflfected by a partition of the real property, ( r by a dissolution of the partnership, provided either event happened after the qualifying period fixed in the Act. (d) There are fewer technical rules affecting the qualifications for this class of voters than for any of the others. It will therefore be found easier S.7.] The Electoral Franchise Act. 97 in the polling district (e) where they reside at the time of And other registration, (/) and persons qualitied otherwise than on r^.l^tl red*^ '!! III to register as an income voter than under any other qualitication. Three requisites quahfy : (1) Receipt of an income of $300 a year from earnings in any otEce, employment or investment in Canada ; (2) Residence for one year within the Electoral District, and (3) Residence therein at the time of regis- tration. The income may have been obtained from various employers cr in various electoral districts in Canada ; and while the residence is re(|uired to be "within the Electoral District," it is not limited to the occupation of any particular property, or to any one locality, within such electoral district. See notes pp. 76-78, and notes as to residence, pp. 74 and 70, and note (/) post. (e) The term "polling district " is changed in s. 24 post, to " polling divi- sion," which is the more appropriate term for subdivisions of an " Electoral District." (/) In addition to the cases on "Residence," pp. 74 and 76, the following may also be referred to : A being employed as attcnda^it upon a gentleman, who required constant attendance in the day time, occupied premises with the gentleman in iv, where he usually slept, but was not bound to do so. He had also lodgings at C, where his wife and children resided, and where he could sleep at any time, and where he slept at least once a week : Held, entitled to vote at C : Tai/lor v. St. Mar;/ Abbott, L. R. 6 C. P. 309. A man who has two houses, and lives at each when he pleases, would reside at both houses within the meaning of the Act: Per Bovill, C. J., Ibid. A rented premises in London as sole tenant for the requisite twelve months. He had also a house at D, where he kept an establishment of servants all the year round ; hut when in London he occupied the rented premises, and had I done so at intervals for two months out of the twelve: Held, a suliicient I residence in London to qualify: Bond v. *S'^ George, Ibid,, 312. He had no wife or family, or servants residing there in his absence, but still he was sole tenant, with a power to go there when he pleased, which he exercised from time to time: Per Bovill, C. J., Ibid. Four militiamen who were enrolled in the militia, and had been absent from the city on militia service I horn three to five years, except when they returned for a short time each lyear on furlough, v«ted at an election. Their wives and children occupied I premises rented by them in the city : Held, under a statute requiring voters Itf be inhabitants of the city for six months before the election, that they Iwere qualitied to vote : Rex v. Mitchell, 10 East. 511. Later decisions seem Ito establish a contrary rule. An officer of the army, serving with his regiment lin another locality had rooms set apart for his exclusive use in his mother's jliouse at E, and when he obtained leave of absence he resided there usually Ifor three months in each year : Held, that being an ofHcer subject to the will |and pleasure of the Crown, he was not sni juris ; and as he could not- return except on leave, there was not such an intention of returning to E as to con- 98 TJte Electotud Franchise Act. [.s. 7. where prop('rty is situate. income slitill only be registered as voters and vote in tiie polling district where the real property in respect of which stitute a constructive residence : Ford v. Hart, L. R. 9 C. P. 273. A man in the military service of the Crown, and otherwise qualified as a voter in E, was absent on duty for twenty-one days of the qualifying period at : Held, tliat as ho was under a legal obhgation not to return to E while on duty at O, he was not quahtied to vote in E. : Atkiiifion v. Collard, 16 Q. B. D. 254, "We were pressed on the one side by Ford v. Hart (sitpra), and on the other side by the case of Hex v. MitcJwU, {.mpra). In our judgment this case falls within the principle of Ford v. Hart. If the two cases are inconsistent, we think the later decision should be followed :" J'er Cave, J., Ibid. We think that actual inhabitancy during every one of the 305 days is not neces- sary, and that it is sufficient if the claimant can make out a constructive inhabi- tancy. But in order to make out a constructive inhabitancy there must be an intention of returning after a teniporary absence, and a power of returning, at any time, without breach of any legal obligation :" Jbld. Where an inhal)itant houseliolder, qualitied as a voter in N, left it and resided in another borough for fourteen weeks, it was held, on hitj return to N, that his claim to vote in N was lost, as he had reUnquished the franchise he possessed there, by the break of residence : JeJ'rei/ v. Kitchener, 7 M, «& 6r, 99 ; s. c. 8 Jur. 138. A freeholder in Exeter who had a bed-room kept in his father's house there for his exclusive use, was absent during the statutory period, serving as a clerk under articles to a solicitor in London : Held, that being bound by the articles of service he could not be held to have had either the liberty or intention to return whenever he liked, and tlierefore had not resided in Exeter for the qualifying ^teriod : Fo7'd v. Dreir, 5 C. P. D, 59, He had not the power to leave London without breach of contract ; Per Grove, J. , Ibid. He must be assumed to have intended to keep his contract ; and so must be assumed not to have had the intention to return: Per Lindley, J., Ibid. Undergraduates of Oxford and Cambridge who occupy rooms in these col- leges from which they are absent during the vacations, without the right to reside in or visit them, except by leave of the college authorities, cannot be held to have resided, or been inhabitants, or to have occupied premises for twelve months in the cities named : Tanner v. Carter, 16 Q. B. U. 231. "The authorities as to constructive residence have no application, as soon as it is shewn that the occupier cannot return to the premises during part of the year, at his own option:" Per Cave, J., Ibid. Unmarried men who have fully severed the parental or home relation, and who have entered the world to labor for themselves, usually acquire a residence in the district where they are employed, if they are honestly pursuing their employment there, with no fixed residence elsewhere : AUantown, Brightly on Elections, 475. The mere fact that a person is willing to swear, and does swear, that he con- siders the district his home, is not sufficient to entitle him to vote, if the | facts and circumstances satisfy the Court that his home is elsewhere : Ihld. In the ancient rights of voting by reason of " inhabitancy, " that term was I considered as implying a bonajide .esidence : Elliott on Electors, 200. For | 7-] Tlie Electoral Franchm Act. 99 they are qualifiecl is situate ; {g) but when tlie property is if in other partly within one polling district and partly another, (Ji) although all within one electoral district, within [^£? '"•■ the exercise of a personal franchise, a person can only be said to be conver- sant where his bed is, for in that part of the house he is most convei'sant : 2 Co. Inst. 122. ((j) The intention of the Act is to give persons qualified to vote in respect of real property the right to vote in every electoral district in which they are so qualified ; but to be registered '* only " in the polling district where their real property is situated in each such electoral district. Until 1885, a similar provision existed in Ontario ; and it is still a provision of the Onta- rio (Municipal Act in respect of voters at municipal elections. One already registered in an electoral division for one set of premises, cannot while his qualification for such registration continues, be entered on the register for another set of premises a second time : Be Druitt, 1 Cr. & Dix (Ir.) 92. It appears that great mischief, inconvenience, and fraud, would necessarily result from suffering such double or treble registries. The Legislature only contemplated a single registry for each person, and never intended that a man having several distinct premises, out of which he could qualify as a voter, should be allowed to register on each of such premises ; he not giving any reason for claiming such second right of registry : Per Penne- father, B , in i?e Neale, Ibid. 209. The objection of a previously subsisting registry is a tenable one : Re Breiman, Ibid. 608. If the person oV)jected to appears on more than one list, the party objecting should point out on which list he objects to the name being retained : Elliott on Electors, 317. When the law requires a voter to vote where he resides, place becomes an ele- ment of suffrage for a twofold purpose : without the election district resi- dence, no man shall vote ; but having that residence, the right it confers is, to vote in that district : Chase v. Miller, 41 Penn. St. 403. The law intends that the voter, in propria persona, should offer his vote in his appro- priate election district in order that his neighbours might be at hand to challenge his right to vote if it were doubtful : Ibid. The effect of this section in British Columbia and Prince Edward Island, under ohe manhood suffrage qualification of these Provinces, will be referred to the notes to s. 9, post. 'h The Ontario Voters' List Act (R. S. 0. c. 9, s. 2 subs. 8, now varied by 48 Vic. c. 3, s. 2), provides that when the property of the voter is partly in one polling division and partly in another, the name of the voter is to be entered in each of the divisions in which any part of the property is situate. The provisions of the Ontario Election Act, to how voters are to be registered on the voters' lists in respect of their property, and as to the manner in which they are to vote, are directory : Prescott, Ho. E. C. 780. Where the name of a voter was accidentally omitted from the voters' list for the polling din- sion No. ' -n which his property was situate, and entered on the voters hst No. 'a ; but his vote was received at No. 1, though not on the list, his vo 100 The Electoral Franchise Act. [s. 7, the person qualified in respect thereof shall be entitled to desires/"*^^'^ be registered and to vote in either of such polling dis- tricts for which he may desire to be registered as a voter, {i) was held good on the gronud that he should not be disfranchised becaiise of the mistake of *^he officer in making up the list : Brockville, Ho. E, C. 129. A voter was ;> ssed lor real property in two municipal wards of a town. Before the rev., ion he parted with his property qualification in one of the wards, but his name appeared on the voters' lists for both wards. At the election he voted in the ward in which he had sold his property : Held, that his vote might be supported on the other qualification, which, if the voter had voted on it originally, would have made it necessary for him to vote ia another polling division : Lincoln (2), (Gihmn^s Case), Ho. E. C. 500. By the Imperial IvcforniAch (2nd & 3rd Wm. IV., c. 45), the returning officer was recjuired to supply sufficient booths for polling the votes ; and it was provided that no person should be admitted to vote at any election except at the booth allotted for the parish, district, or part wherein his property was situate, and in respect of vli'ch he claimed to vote. A voter voted at booth E instead of booth C, where he ought to have voted. Hehl, that though the voter voted at the wrong polling booth, his vote was not invalidated : Cambridge {Amei/s Case) Wolf. & Dew 54. A voter was ol>jected to as not being duly assessed, and as having no freehold in the place (Edmonton), where he polled his vote. It was proved that he possessed the requisite qualification in Hackney, which had a separate polling booth : Held, that although the voter had been admitted to vote at the wrong booth, he did not thereby lose his vote : Middlesex [Bak-er's Case), 2 Peck. 57. The sheriff did not divide the burgh into districts as required by statute, nor did he assign the persons being voters living witliin particular portions of each ward, to each polling place, but he t'ivided the entire list of voters in each ward, alphabetically, and allotted one portion of the alphabet to one polling place, and so on. There was no evidence to shew t/ial the falrne'is of the result was aff'ected by the arrangement made : Held, that these irregularities did not avoid the election : Oreenock, 1 O'M. & H. 249. (/) The object of this provision is evidently to guai'd against the chances of personating or duplicating votes at an election, Ijy retiuiring the voters who appear to be qualified in one or more pt)lling districts to be registered only once within tlie electoral district. But such voters have the right to select the polling district in which they may desire to be registered. Where any do not exercise this right, it may be proper, before the final revision of the v^oters lists, to serve them with a notice or summons, to the effect that their names appear in the voters' lists of various polling districts (naming them), within the electoral district, and requiring them to attend before the Kevis- ing Officer and select the polling district in which they desire to be registered and to vote ; and warning them that, in default of their so attending, the Revis- ing Officer will hold that their non-attendance before him at the time and place s. 8.] The Electoral Franchise Act. 101 8. In the case of the sons of farmers, or of owners Time spent other than farmers, the time spent {j) by such sons as ^Jcap^tions mariners or fishermen in the prosecution of their several appointed, will be construed by him as a desire on their part to be registered and to vote in the particular polling district named in the notice or summons served upon them. Where a plaintiff, who was not bound to elect whether he would impeach a by-law, or an award, on being called upon by the Court to elect, elected to impeach tiie award : Held, that he could not afterwards complain of having been forced to elect : Harding v. Canllif', 2 Ont. R. 329, If a person bound in the alternative to do one of two things by a certain day, let the day pass without making an election, by performing one or the other alter'mtive, he loses his election : McN"Mv. Clark, 7 Johns. N. Y. 465. By the Imperial Acts of 1878 (41 & 42 Vic. c. 26, s. 28, subs. 14), and 1885, (48 Vic. c. 15, s. 5) multiple entries of a voter's name on the voters' lists are not allowed. Where the name of a voter appears more than once on such lists, the Revising Barrister is to enquire v, hether such entries relate to the same person, and if so, he is to retain one of the entries, and note against the other that such person is not entitled to vote in respect of his other quali- fications. But the voter may by a notice in writing select the entry he desires to retain for voting. If any person should by a claim to be registered in a wrong division, or otherwise, fail to be registered in the right division, there is no power to rectify the mistake, and the vote of such a person can- not be given in any division until it has been rectified at the next registra- tion : Lehj <0 Foulkes on Elections, 239. Where a voter's name had been struck off from a borough list instead of from the county list, by inadver- tence of the Revising Barrister, the voter's name being on both lists : Held, that the Court had no power to give him relief : Re Allen, G C. B. N. S. 334. Two qualified voters of the same name were entered on the voters' lists used at an election. Voter No. 1 tendered his vote at his right booth, but was told he had voted before, Voter No. 2 having previously voted there, although it was not the right booth for him to vote at : Held, that Voter No. 2 should be struck off the poll book, as his voting at the wrong booth was not a mistake, but the fault of the voter and the poll clei'k : Oldham [ScholefiehVs Case), 1 O'M. & H. 1G3. See also Ghilcott v. Bidlen, 46 L. T. N. S. 68. The Dominion Elections Act provides (s. 41) that "each elector shall vote at the polling station of the polling district in which he is quali- fied to vote, antt no other;" and (s. 52) that " no person shall vote more than once in the same electoral district at the same election, " See prior note (j/. ) (,/) This is in addition to the " occasional al)senee " provided for in the pro- viso to subs. 7 of s. 3, and the provisos to subs. 7 ancl 8 of s. 4. See note (e) p. 78, ante. Where on the voters' list under " place of abode " a voter was stated to be *' travelling abroad," his name was rightly retained on the voters' list : Walker v. Payne, 2 C. B. 12, s. c. 9 Jur. 1014. Otherwise per- sons living or travelling abroad on public business, or for pleasure, might ose their votes : Rogers on Elections, 143. A physical difficulty, not a legal ir-'S's^iErSii' mm 102 The Electoral Franchise Act. [s. 9. or as stu- dents. Provincial franchises adopted for B. 0. and P. E. I. occupations, or as students in any institution of learning (k) within the Dominion of Canada, shall be considered as spent at home. 9. In the Provinces of British Columbia and Prince Edward Island, besides the persons entitled to be registered as voters and to vote under the foregoing provisions of this Act, (l) every person who at the time of the passing of the same : — one, as where a man cannot go home every evening, as in the case of a man travelhng on the continent, will not disqualify : Atkinson v. Collard, 16 Q. B. D. 254. Where a person was absent from home on military duty for twenty- one days of the qiialifying j)eriod : Held, not qualified : IhkL Where the absence from the residence is compulsory for a portion of the qualifying period, as in the case of Oxford and Cambridge undergraduates, who cannot reside in or visit their rooms in their colleges during vacations, without leave of the college authorities, no right to vote exists : Tanner v. Carter, 16 Q. B. D. 231. Under the election laws of the United States a student at college who has a house elsewhere, and resides at the institution for the sole purpose of education, does not thereby acquire the right to vote in the district in which the college is situated : Allentown, Brightly on Electiond, 468. It was never pretended that the student acquired a residence at the place of the college, so as to become a qualified elector, liable to taxation and to the performance of municipal duties. The parental home, or the locality from whence the student came, was accepted as the district in which he was entitled to vote : Ihid. The fact that a man came into the place where he claims a residence for the sole purpose of pursuing his studies at a school or college there situate, and has no design of remaining there after his studies terminate, is not necessarily inconsistent with a legal residence, or want of residence in such place. This is to be determined by all the circumstances of the case. Amon^ such circumstances, the intent of the party, the exist- ence or absence of other ties or interests elsewhere, the dwelling-place of his parents, or, in the case of an orphan just of age, of such near relatives as he had been accustomed to make his home with during bis minority, would, of course, be of the highest importance : Putnam v. Johnson, 10 Mass. 488. {k) There is no definition in this Act as to the meaning of this expression; but articled clerks to solicitors w^ould not be witliiu 'he equity of this provision. See Ford v. Drew, 5 C. P. D. 59 ; also l\x.^ner v. Carter', 16 Q. B. D. 231, referred to in note (/) on p. 98, ante. (I) See notes to ss. 3 and 4, ante. It is conceded that, in tbp l-wo Provinces named, manhood suffrage is the prevailing franchise. And but for u provi- sion in the British Columbia Act of 1876, 39 Vic. c. 5, disqualifying peisons from voting, who permit their names "to remain on more than one register," [m] [s. 9. S.9, subs. 1.] The Electoral Franchise Act 103 (1.) Is of tlie age of twenty-one years (w) and is not Age. by this Act or by any law of the Dominion of Canada -^^^ jj^,, disqualified or prevented from voting, ; {n) and qualified. (2.) Is a British subject by birth or naturalization, (o) Allegiance, and resident in the Province, (/>) and is entitled to vote Qualified 'jt in the said Provinces respectively by the laws now sever- I'roTinciai ally existing in the same, [q) 4\ the effect of the above provision would be to give mtltiple votes to those who are owners of real property in other than the electoral district in which they reside. In Prince Edward Island electors are required to vote in the polling divisions where they reside, or where they have property, and not else- where. See note {q), post. An affirmative statute giving a new right does not destroy a previously existing right : 0'Fla?ierty v. McDowell, 6 H. L. Cas. 142. A general Act is to be construed as not repealing a particular one by mere implication : Maxioell on Statutes, 157. The general statute is read as silently excluding from its operation the cases wliich have been provided for under the special one : Jbid. 158. An Act abridging a pub- lic right, must be strictly construed : Bourke v. Murphy, 1 P. K. I. 126. ()(() See note (a), p. 54. (n) See notes (c) and (d) pp. 55-59, ante, and s. 11, 2}0st. (o) See notes (e) and (/) pp. 59-64, ante. (p) The limitation to the franchise to residents in the Provinces above referred to does not apply, in the other Provinces, to "owners of real pro- perty ; " but it is an essential requisite in the cases of all other classes of voters. ' ' Residence " in the electoral district is an essential element in the qualification of voters in British Columbia. See note (/) ante. But it docs not appear to be required in Prince Edward Island. See 34, Vic. c. 34, and note (7) ])ost. Where a grant of land in Prince Edward Island was made to K. a resident abA)ad, who never came to the island : Held, that being a resident abroad at the time of the grant, the presumption of law was, in the absence of evidence to the contrary, that he remained abroad in the place of his domicile : Tullidge v. Orr, I P. E. I. 108. See further the notes on " Residence," pp. 74-77, and note (/) p. 97. ('/) The further qualifications, besides age, allegiance, and residence in the Provinces named, are : British Columbia — Persons resident in the Province for twelve months, and for two mr>nths of that period within the electoral district in which they claim to vote, and who are duly registered as voters : 39 104 The Electoral Franchise Act. [s. 9, subs. 2. To be regis- Shall have a right to be registered as a voter and to voters. vote SO long as he shall continue to be qualified to vote ^'ic. c. 5 B. C. The disqualifications are ; (1) Chinamen, and (2) Indians; (.38 Vic. No. 2), (3) Judges ; (4) Stipendiary Magistrates ; (5) Police Magis- trates ; (6) Sheriflfs ; (7) Constables ; (8) Police officers ; (9) Customs offi- cei's ; (lOi Excise officers; (11) Dominion officers receiving annual salaries (except post office employes) ; (12) Provincial officers receiving annual salaries ; (1.3) Public school teachers : (42 Vic. c. 22, 1878), and (14) persons permitting their names to remain on more than one register of voters: (39 Vic. c, 5.) Irince Edward Island : 24 Vic. c. 34 (repealed by 41 Vic. c. 14, but revived and re-enacted by 42 Vic. c. 2). (1) Persons residing twelve months before the tcnte of the writ of election in the electoral district in which their property qualification is situate (s. 13), and who own or have a freehold estate in a water lot, common lot, town lot or pasture lot, or in a dwelling house, warehouse, SL )p or other buildings, or in a farm or piece of land within any town, com- mon, or royalty of the yearly value of 40s. : (Ibid, subs. 1). (2) Persons in the bona fide use and occupation or actual possession of any dwelling house, warehouse, shop, or other building, or any farm or piece of land, within any town, common, or royalty of the yearly value of 40s, : (Ibid, subs. 2). The town and royalty of Princetowu are excluded from subss. 1 and 2. (3} Persons wlio own or have a freehold estate, or are in the bona fide use and occupa- tion or actual possession of any dwelling house, warehouse, shop or other building, or any farm or piece of land, of the clear yearly value of 403. : [Ibid, subs, 3.) (4j Persons liable to perform and actually performing statute labour on the public roads ; or who have commuted statute labour for money and have paid the same ; or who have been specially exempted from statute labour, l)y statute, on account of holding any office, situation or employment; provided such persons have resided in the polling division in which they claim to vote for twelve months before the te,ste of the writ of election ( Ibid, subs. 4). Only one of several joint tenants, tenants in common, co-parceners, or partners in business may vote, unless, each individual interest in the|property be of tlie yearly value of 403 (s. 14.) (5) Persons in possession or entitled to leaseholds in lands worth, with improvements, £.35 may vote, although the yearlj' rent is less than 40s. (s. 15.) Persons qualified to vote in the electoral district in which they reside, shall vote therein in the polling division iu which they reside and not elsewhere (s. 19), Persons qualified to vote iu any electoral district in which they do riot reside, shall vote in the polling divi- sion iu which their property is situate, and not elsewhere (s. 20). By 19 Vic. c. 21, P. E. I., the right to vote is given to every (1) mortgagor, or (2) ceatai qui trust, in actual possession, by himself or tenant, of land of the yearly value of 40s., notwithstanding the mortgage or trust outstanding; and to (3) the husband of a dowress, where the dower has been set off and reduced into possession, and is of the yearly value of 40s. (s. 29). Persona owning or occupying premises in immediate succession during twelvemonths, to have the right to vote (s, 22), Votes given^in a polling division wherein the vote ought not to be given, are to be struck oflf the poll, and not counted (s, 25). s, 1.0.] The Electoral Franchise Act. 105 under the provisions of the said last mentioned laws and no longer, (r) 10. Except the persons duly qualified (s) and ) 3gistered Persons on as voters under this Act, {t) no person shall be entitled (r) Negative words will make a statute imperative : Rex v. Leicester, 9 D. & k. 772. The effect of this provision is to render the additional franchise j^aUfication conferred by this Act upon voters in the above Provinces (see note (/) ante) conditional on their retention of the Provincial franchise accord- ing to the Provincial laws "now (i.e., 20th July, 1885) severally existing in the same." (s) These words " duly qualified " might have been omitted, for there is no mode provided by this, or the Dominion Elections Act, or Controverted Elections Act, of testing whether the voters at elections are "duly qualified." By the 31st and 39th sections, post, the voters' lists, after final revision, are " binding on any judge or other tribunal appointed for the trial of any peti- tion complaining of undue election or return of a member to serve in the House of Commons. " The effect of this section, ta^en in connection with the Dominion Elections Act, is to give the right of voting to those who are registered as voters according to the voters' list, whether they are voters de jure or not, at the date of the election. {t) There is no provision in the Dominion Elections Act enabling persons possessing the required qualifications, but whose names have not been entered on the voters' list, voting by tendered ballots at an election. The Ontario Elections Act (s. 102) provides that "if any person whose name is not entered on the voters' list, claims that his name ought to have been so entered, and tliat it has been improperly omitted therefrom," he may on taking the specified oath, put in a tendered ballot. Cases may occur where a portion of the legal votes, without their fault, pad in spite of due diligence on their part may be denied the privilege of registration. In elections under a L'lw which imperatively requires registration as a qualification for voting, if the registration has been denied by the wrongful act of the registering officer, it has l)een held that a voter's only remedy is by an action against the registering officer ^or damages. Where, however, a portion of the voters of a given district are unjustly deprived of or denied the privilege of registration, and another portion are duly registered and permitted to vote, the entire poll may be rejected if the votes cannot be counted, and are sufficiently numerous to affect the result of the election : McCrary on Elections, 13. Certain persons qualified to vote whose names were entered on the asseis- meat roll but omitted from the voters' list, tendered their votes at an elec- tion but were refused. A majority of them stated to the deputy returning officer that they desired to vote for the petitioner, who had a majority with- out them : Held, no ground for setting aside the election : North Victoria, Ho. E. C. 671, The Ballot Act (Imp.) 35 & 38 Vic. c. 33, contains a similar 106 The Electoral Franchise Act [s. 11. to vote at elections. Elections held before revision of liBt{>. to vote at any election for the House of Commons of Canada after the time when the duplicates of the first list of voters, finally revised and certified as hereinafter provided, for the electoral district for which the election is to be held, shall have been forwarded to the Clerk of the Crown in Chancery at Ottawa^ as also hereinafter provided ; but at any election held before the time afore- said, the voters shall be those entitled to vote thereat under the laws now in force, which shall continue to apply to such election and all proceedings thereat or relating thereto, {u) WHO SHALL NOT VOTE AT ELECTIONS. 11. The following persons shall be disqualified and ■ been Disqualifica- sons as ^ ** incompetent to vote at any election to which this Act voters. applies, (y) except that the persons or officers named in provision to the above : "A person shall not be entitled to vote unless his name is on the register of voters for the time being in force for such county or borough" (s, 7.) (?/) The effect of this provision is to retain s. 40, of the Dominion Elections Act in force in particular electoral districts, until the lists of voters, revised and certified under this Act, shall have been forwarded to the Clerk of the Crown in Chancery at Ottawa, anc until after the publication of the notice (H) in the Canada Gazette (s. 29). The publication of such notice operates, as to the electoral district whose voters' lists have been received by the Clerk of the Crown in Chancery, as a repeal of s. 40, within such electoral district. (r) See notes pp. 55-57. The term " disqualified " may be used in two different senses ; meaning in one case the loss of qualification, and in an- other the existence of legal incapacity or incompetency. Qualification is the result of the possession or ownership of property, or income of the requisite qualifying value, or of some personal qualification, such as being the son of a farmer, or of a real property owner, which, with other conditions, such as residence, confers the franchise or right to vote. The absence of any of the above requisites is a " want of qualification ; " and the losing of any of them would operate as a "disqualification." Legal incapacity or incompetency means that a person who may have all the requisite qualifications as above explained, is nevertheless prohibited by statute or common law from voting. at Parliamentary elections. "If persons have no right to vote they can have no right to be on the register :" Per Byles, J., in Earl Beauchamp v. 8. 11.] TJie Electoral Franchise Act. 107 paragraph "J" of this section shall only be disqualified and incompetent to vote at elections for the electoral dis- tricts for which they hold such ofl&ces or positions respectively : {fi.) The Chief Justice and Judges of the Supreme judges of all Court of Canada, the Chief Justices and Judges of the Courtc. Superior Courts in the Provinces of Canada, and the judges of all other courts in the said Provinces, whether sucli courts are now in existence or are hereafter erected ', (id) (b.) Revising officers, return ing-officers, and election Revising and' clerks, (x) and any person who, at any time either dur- cers, ayents iiig the election or before the election, (y) is or has j'^f^"'^'' been employed at the same election or in refeience Madrefjield, L. R. 8 C. P. 255. "The expression 'legal incapacity' in the statute (Imp.) cannot be contined to total incapacity to do any legal act whatever, but must comprehend legal incapacity to do this prrticular act of voting, though there may be capacity to do some legal acts. Per Byles, J., in Charlton v. Lings, L. R. 4 C. P. 874. See also Stowe v. JoilliJ'e, L. R. 9 C. P. 734. (w) This is similar to s. 39, of the Domi Mon Elections Act, 1874. Judges being liable to be summoned as assistants to the House of Lords are ineligible for election to the House of Commons : Com. Jour. 9 Nov., 1605. One Thomas Thorp, a Baron of the Court of Exchequer, was Speaker of the House of Commons, in 31 Henry Yl.: 5 Comyns' Digest, 249. But being apparently insufficiently remunerated as a Judge, he became embarrassed financially, and was taken in execution at the suit of a creditor, between two sessions of Parliament, imprisont "■ ^^' -^ebt, and so lost his Speakership : IM-eivel's Modus Ten. Pari, 208. {x) This repeals so much of s. 42, of the Dominion Elections Act 1874 as authorized a Deputy Returning Officer, to vote at the pollinj* station for which he was appointed ; and it re-enacts the disqualification of such officer which 'Vested under C. S. C. c. 6, s. 2. The words: any person who at the time of le election is employed by any person, whomsoever, as clerk at any polling place at any such election, and expects to receive, for acting in such capacity, any sum of money, are large enough to disqualify the Poll Clerk also. iy) The words : "be/ore the election" carry the disqualification of paid agents much further than any previous legislation. How far the limitation of time as to acts of bribery can be adapted to apply to the employment of agents for renumeration has not been determined. In respect of the offence Mfc jid I 108 The Electoral Franchise Act. [s. 11. paid for fiervices, thereto by any candidate or by any person whon" soever, And persons as coursel, agent, attorney or clerk at any polling-place at any sucli election, or in any other capacit;y whatever, and who has roceiver? or expects to receive either before, during or after the said election, from my candidate (z) or from any person whomsoever, for icting in any such capacity as aforesaid, any sum of money, fee, office, place or employment, or any promise pledge or security whatever for any sum of money, fee, office, place or employment ; («) except only that the returning-officer give casting j^^r^y yQ^g jj^ j-jjg ^.j^gg ^f equality of votes between can- Returning Officer may of bribery it has been held that any act committed previous to an election, whetlier it is one, two or three years before, is just as much bribery as if it was committed the day before the election, or the day of election. If a man conmiits bribery on the first week of a Parliament, and if he asks for the suffrages of that constituency in the last week of the seven years Avhich precede the dissolution, that act committed six years before can be given in evidence against him : SUgo 1 O'M. & H. 307. (~) The Dominion Elections Act, 1874, s. 73, provides that where any person retained or employed for reward by, or on behalf of any candidate, for all or any of the purposes of suc^" election, as agent, clerk, messenger, or in any other employment, is proved on the election trial to have vtted at such election, there shall, on the trial of the election petition, be struck off from the number of votes appearing to have been given to such candidate, one vote for every person who voted at such election, and is proved to have been so retained or employed for reward as aforesaid. There is a similar clause in the Ballot Act (Imp. ) 35 & 38 Vic. 33 s. 25. " The disqualifying words are very wide and it would be unsafe for any person employed for reward, in any capacity whatever, connected with ' all or any purposes of the election ' to vote at it. It is to be observed that the disqualification is absolute, and not limited to voting for the candidate by whom the elector is employed:" NicoUon on Elections, (Scot.) 27 [n.) (ft) This is in some measure similar to the Imperial Act, 7 and 8 Geo. IV., c. 37, s. 1, which disqualified voters who were employed "as counsel, agent, attorney, poll-clei'k, flagman, or in any other capacity. " This section gave rise to a variety of decisions not very consistent with each other ; and iu 1867 the following was substituted by the Imperial Act, 30 and 31 Vic. c. 102, s. 11 : "No elector who, within six months before, or during, any election, shall have been employed for all or any of the purposes of the election for reward, by or on behalf of any candidate at such election, as agent, canvasser, clerk, messenger, or any other like employment, shall be entitled to vote at such election, and if he shall so vote he shall be guilty of a misdemeanor." The Ballot Act (Imp.) 1872, contains a similar provision to [s. 11. 11.] The Electoral Franchise Act. 109' ^soever, ig-place latever, • before, be {%) or ly such 3, office, security place or ifj-officer reen can- 1 election, ary as if it If a man iS for the >ars which )e given in where any [candidate, naessenger, ^e v(jted at struck off candidate, ed to have [lilar clause words are reward, in e election' solute, and mployed:" ^eo. IV.,c. sel, agent, ection gave ler ; and in 31 Vic. c, uring, any 0368 of the election, as nt, shall be 36 guilty of provision to didates, where the addition of a vote .v^ould entitle any such candidate to be declared elected ; (6) (c) Indians in Manitoba, British Columbia, Keewatin j^,J]*£/^,"°* that found in s. 73 of the Dominion Elections Act, 1 874. Under the earlier Act thefoUowing were disqualified : A voter employed as a check clerk : Bcilford, P. & Kn. 13(}. A solicitor who accepted and acted under a retainer at an elec- tion : NfAo Windsor, K. & 0. 175, s. p. Bedford, Falc. & Fitz. 439. An elector who was to be paid for his trouble : Neto Whidsor, K. & 0. 173. The paid agent of one candidate cannot vote for the other candidate : Ibid. 174. A town clerk who read the proclamation and acted as assistant to the returning officer : Ibid. 185. A pai'ish clerk employed by both parties to point out the houses of voters : Ibid. 246. Two town servants, paid by the town corporation, who acted as door-keepers at the candidate's committee rooms : Ipswich, Ibid. 385. A voter appointed a carrier at a salary, but who employed a deputy : Evesham, Falc. & Fitz. 527. Voter employed as a messenger, which was his ordinary calling : Ibid. The votes of the following were held good : A voter emjiloyed and paid to erect the hustings : Ipswich, ,K. & O. 387. Cor- poration officers employed in keeping the peace during the election, and paid out of the corporation funds : Ibid. 39'^. A voter who led the baud and was paid with the other performers : Monmouth, Ibid. 421. A voter employed and paid as a messenger : Huddersjield, Wol. & Br. 33. The foUcwiug were held disqualified under the Act of 1867 : Voters whose sons were employed as messengers, their wages having been paid to their fathers: Southampton, 1 O'M. & H. 223. A voter remunerated for expenses incurred by him in employing assistants for his own business, while he was engaged in election matters : Ibid. 224. Voters employed to keep order at the doors of the polling stations : Gloucester, 2 O'M. & H. 62. The votes of the following were held good : Printers who were employed in delivering messages incidental to printing: Northallerton, 1 O'M. & H. 170. A voter wdio was a cabman and wliose cab was hired in the ordinary way on polling day, and who was only paid ! ia legal fare : Southampton, Ibid 224. Under s. 25 of the Ballot Act (Imp.) 1872, and the above Acts, a voter who was fly-driver, and was employed I to convey canvassers about previous to the day of election, was held not to be disqualified : Down, 3 O'M. & H. 116. See further Boston, Ibid. 152; I Misbury, 4 O'M. & H. 23. Looking at the words of the above section it seems to be clear that the disqualification intended, is in respect of paid services for a particular election, and not for elections in general, or for promoting the interests of a political party in the constituency. The question is one of fact to be decided under all the surrounding circumstances of each particular case ; — such as services rendered when a dissolution of Parliament is imminent, or where the sitting member, or his opponent, has been announced asa candidate, and each is arranging his plans for a coming election. (6) This is similar to s. 60 of the Dominion Elections Act, 1874. Iclause will be found in the Ballot Act (Imp.) 1872, s. 2. A similar 110 The Electoral Franchise Act. [s. 11. and the Nortli-West Territories, (c) and any Indian on any reserve {d) elsewhere in Canada who is not in (c) Indians in the Provinces and Territories named above, are absolutely disqualified from voting; but Indians in the other Provinces, who come within the affirmative of this negative clause, may be entered on the voters' list and vote. The following explanation of thisclause wasgivenby the First Minister in charge of the Bill in Committee : — Under the qualifying clauses, the Indian, as a person having the necessary property or other qualification, has the riglu to vote. Under the disqualifying clauses, it is provided that Indians in Slani- toba, British Columbia, Keewatin, and the North West Territories, and any Indian on any reserve elsewhere in Canada, who is not in possession and occupation of a separate and distinct tract of land in such reserve, shall not be allowed to vote. If the Indian has a distinct and separate tract of land, marked off with his house and improvements on it, I think that i?. cill that can be reqiiired. The Indian is obliged to prove his qualification, and to prove that he comes within the Act, the same as the white man. If the white man has a separate and distinct tract of land of which he is the occu- pant, and that it is of a certain value, he has the right to vote. But the Indiau in sucli case has not the right to vote. The value of the distinct tract of land is not taken into account ac all in regard to the Indian. If the white man has a vacant lot, and he is the occupant or owner of that lot, although there are no improvements whatever on it, if it is of the value of 3150, he has a vote. But in consequence of the tri1)al relations, and of the reserve belonging to the whole tribe and not to any individual Indian, and because no portion of it was alleged to belong to the individual Indian, the distinction "w^as drawn against the Indian, when compared with the franchise of the white man. The land on which the Indiau has his house, on which he has his improvements, his cattle, fences, and stables, is not to be taken into account at all ; and he must not only have a distinct holding, but improvements belonging to himself of the value of $150 : Commons Debates, v. 3, (1885), p. 2370. An Act cannot be construed by reference to a debate in Parliament : Per Lord Selborne, L. C, in South Eastern R. W. Co. v. Railway Commis- sioners, 50 L. J. Q. B. 203. The speech of the Lord Chancellor, as head of the judiciary, given by him during a debate on the Bill in the House o Lords, may be lawfully read by counsel during his argument as an authority on the construction of the Act : Reg. v. Bishop of Oxford, 4 Q. B. D. 525. "It is certain that if it ought to be excluded any judge knowing of it, Sod excluding it, would, as soon as he left the Court, consult the Hansard he had before rejected : " Per Bramwell, L. J., J hid. 550. "It has been regretted in the House of Lords that the Court of Appeal had allowed such a reference to be made in Re(/. v. Bishop of Oxford" {supra) : Per Lord Selborne, L. C, 50 L. J. Q. B. 203. See, further, note [e) p. 42, ante. {d) " Reserve" means any tract of land set apart by treaty or otherwise, for the use or benefit of, or granted to a particular band of Indians of which the legal title is on the Crown: 43, Vic. c. 28 s. 2 subs. [k. ) The whole estate, s. 12.] The Electoral Franchise Act. Ill possession and occupation of a separate and distinct UnicHsin tract of land in such reserve, (e) and whose improve- frnproved* °' ments on such separate tract are not of the value of at •"•"I's- least one hundred and fifty dollars, and wlio is not other- And other Avise possessed of tlie qualifications entitling him to be ^"^'"'^*" registered on the list of voters under this Act. (/) WHEN REVISINCf OFFICER MAY NOT BE A CANDIDATE. 12. No Revising Ofiicer for any electoral district while Kevising offl- he is a revising ofiicer, or for two years thereafter, shall paiKU.iatefor two 3'ear8. legal and equitable, in Indian lands is vested in the Crown : Broivn v. West, 1 U. C. O. S. 287. A grant under the seal at arms of the Governcr of Quebec in 1784, to the Mohawk Indians, and snch others of the Six Nations as wished to settle on the property, to be enjoyed by them and their pos- terity forever, conveys no legal estate, not being under the great seal, and not being to grantees capable of holding : Doe dem. Sheldon v. liamsay, 9 U. C. Q. B. 105. The testimony of one witness deposing, to the best of his belief only, that certain lands were appropriated to the residence of Indian tribes, and had not been ceded to the Crown, is sutHcient prima facie evi- dence of these facts ; Beg. v. Strong, 1 Gr. 392. In regard to the reserve, the members of the tribe enjoy practically all the advantages and safeguards of tenants-in-common, but without a personal right of action respecting the lands occupied by them : Batitien v. HoiJ'man, 17 L. C. K. 23.3. The reserves are held and occupied in common by the tril)es as general property : Queen V. St. Catharines Lumber Co., 10 Out. K. 190. (e) By 48 Vic. c. 28, s. 17 (D.), it is provided that no Indian shall be deemed to be lawfully in possession of any land in a reserve, unless he has been, or is, located for the same by the band, or council of the band, with the ap- proval of the Superintendent-General. And by s. 18, such approval is to be evidenced by a location ticket issued in triplicate. A lease signed by the chief of an Indian tribe, assuming to act as the agent of the tribe, conveys nothing : Doe dem. Sheldon v. Ramsay, 9 U. C. Q. B. 105. The meaning of the statutes is tht»t no one shall attempt to bargain with the Indians respect- ing their lauds ; the proposal must first be made to the Crown : lieyina v. Baby, 12 U. C. Q. B. 346. There is no qualifying period of possession, or occupation, or residence, prescribed for this class of voters, as in the cases of tenants (pp. 70 and 83) ; occupants (pp. 73 ar 1 84) ; income voters (pp. 78 and 85) ; owner's sons (pp. 79 and 87) ; or farmers' sons (p. 85), ante. (J) These qualifications are: being (1) of full age, (2) a subject of the Crown, and (3) not otherwise disqualified or prevented from voting. See pp. 54-64 and p. 82, aw^e. ,.^ . , • : .v, • - • - -.v. . . aaowaaoMMBi 112 The Electoral Franchise Act. [a. 13. be qualified to be a candidate in any electoral district for which, or for any part of which, he has been such revis- ing officer Appoint- ment of Ke- vising Officers. T<"nure of office. Their duties To prepare and revise lists of voterp. Oath of office. Form A. REGISTRATION OP VOTERS. l3. The Governor-General in Council may, within three months after the coming into force of this Act, and from time to time thereafter, when the office is vacant, appoint a proper person to be called "the Revising Officer," for each or any of the electoral districts of Canada, who sliall liold office during good behaviour, but who shall be removable on address by the Hou.se of Commons, (*•' of ^o^^rs. oath of office, obtain a certified copy or certified copies, as )ath8, that refusal to Larwood, ntil he is (i) The Revising* Barrister under the Imperial Registration Acts must be a barrister of not less than seven years' standing ; and he must not be a member of Parliament, nor hold any office or place of profit under the Crown, except that of Recorder ; but no barrister is to he appointed to revise the voters' lists of a borough of which he is Recorder. He is ineli- gible, in England for eighteen months, and in Ireland for seven years, after ceasing to be such Revising Barrister, to be elected for the constituency for I which he held such office. The appointments of Revising Officers for the various electoral districts in Canada were gazetted in the Canada Gazette of the 3Ist October, 1885. :' ill 114 The Electoral Franchise Act. [s. 15. To jirnciiro assii.ssii'CMt rolls, and lists for Prov. elec- tions. the case may be, of the labt revised or final assessment roll or rolls, {j) if any there be, in the electoral district, or part of a district, for which he is appointed, and also a certified copy or certified copies of the last revised li.st or lists or voters, [k) in such electoral district or part of a [j) The assessment roll, when finally revised and eorrected, is the founda- tion of all proceedings aflfecting Provincial and Municipal Elections aud Municipal taxation, and other matters affecting Municipal proceedings and jurisdiction ; and it is by this Act prima facie evidence of the value of the property mentioned in it. (See pp. 50, 72, and 84 ante, and p. 2^y.s<). All copies and lists ought to correspond with it, for it is the primary roll : Per A. Wilson, J., in Laughtenhorouijh v. McLean, 14 U. C. C. P. 180. By E. S. 0. c. 180, s. 57, the assessment roll as finally passed by the Court of llevision^ and certified by the clerk as passed, shall, except in so far as the same niay be further amended on appeal to the Judge of the County Court, be valid, and bind all parties concerned, notwithstanding any defect or error or mis-statement in the notice required by s. 41 of the Act, or the omission to deliver or transmit such notice. And by s. 05 the decision of the Judge or acting Judge is final and conclusive in every case adjudicated. See further Harrison^ s Municipal Manual, (4th ed.) 66G and 676. The valuation roll is an authentic document, which makes complete proof of the real and annual value of the taxable property of a municipality for election purposes : Gratton V. St. ScliolaHtiqiw, 7 Rev. L. 356. The valuation roll of the municipality is conclusive as to the value of the property : Re Kamouraska Electoral LUU, 3 Q. L. R. 308. No person can be placed on the electoral list who is not on the valuation roll : 1 I. All tliose on the valuation roll should appear on the electoral list, unless some disqualilicatiou of a personal nature prevents them from being registered as voters : Ibid. (k) By 11. !^. 0. c. 9, s. 8, the voters' lists for Provincial elections are subject to the revision of the County Judge ; and upon such revision the assessment roll (notwithstanding the provisions referred to in note (j) ante), "shall not be conclusive evidence in regard to any particular, whether the matter, on which the right to vote depends, had or had not been brought before the Court of Revision, or had or had not been determined by that Court." But the decision of the J udge under the Act in regard to the right of any person to vote, is to be final so far as regards such person. "An adjudication that the persons named on the list are entitled to vote, is not witliin the jurisdiction of the County J udge. He is to revise the list by adding the names omitted, correcting those wrongly stated, or striking out those improperly there; because those omitted have assessable property, or assessed income ; orj because those inserted have it to a greater or smaller amount than stated, or i have none. He adjudicates as to their property, or income, and, in respecti of that, he corrects the list. The right to vote is the legal consequence only,! and not the subject, of the adjudication :" Per Patterson, J. A., in Lin co/» I ■ i:i|j:iiiii,c':> The Electoral Franchise Act. 115 district, prepared and revised under the statutes of the Province relating to assessments and voters' lists respec- tively, for elections to the irrovincial Legislature and, where there are no such lists, a certified copy or certified copies of the poll book or books at the last election in each electoral district ; [l) and he shall proceed, as speedily as To prepare possible, (m) with the aid thereof and of such other infor- f^t'of votera mation as he can obtain, to ascertain and prepare a separ- under this (Borrowmaii's Case) 2 App. R. 320. The eflfect of the Voters' List Finality Act, 41 Vic. c. 21, 0., is to render the voters' lists tinal and conclusive of the right of all persons named therein to vote at Provincial elections, except where there had been a subsequent change of position, or status, by the voter having parted with the interest which he had, or, by the assessment roll, appeared to have, in the property : South Wentworth, Ho. E. C. 531. The electoral list is a document of the highest importance, for upon its validity may depend the legality of the election. No element of uncertainty should be allowed to find its way into the proceedings aflfecting it ; and it is the duty of the Court to insist upon a strict adherence to the directions of the legisla- ture regarding it: Marcotte v. Paquin, 5 Q. L. R, 168. The Quebec Election Act requires the duplicate list of voters to be transmitted to the Registrar within eight days after the day iipon which such list shall have come into force. Where the oiicer transmitted the list four days before it came into force: Hdd, that this was not a compliance with the law and the officer was subject to a penalty : Ibid. Alterations made in an electoral list after the expiration of the time limited for such alterations, are illegal and will be set aside : Jodin Varennes, 2 Leg. N. 262. ^Vhen a corporation has decided upon a com- plaint in respect of the electoral lists, where such complaint had not been filed within the time fixed by law, an appeal will lie to a Judge from such decision : Rjc parte CotS, 4 Q. L. R, 98. See further notes on pp. 116-118. (I) The poll books here referred to are those used at the last Dominion I election in such electoral district. ^ . (m) The duty of the Revising Officer under this section is imperative: "he [shall proceed as speedily as possible," &c. The word "shall" is imperative by 31 Vic. c. 1, s. (J, subs. 3 (D.) The above words have very much the same effect as " forthwith " or "immediately." Such words always receive a reasonable construction ; and should be construed to mean as soon as the act [can reasonably be done: Jieff. v. Hobinson, 4 P. & I). 391. When no time I expressly mentioned for the performance of the act, the law considers it [shall take place within a reasonable time: Greaves v. Ashlln, 3 Camp. 426. I A question of reasonable time for the performance of an act is a question of Ifact, and not of law : Startup v. Macdonahl, 2 M. & Gr. 395. In so far as the lofficer, whose duty it is to do the acts within a limited time is concerned, Ithe Act may be construed as imperative: Hunt v. Jlibbs, 5 H. & N. 123. 116 The Electoral Franchise Act. [s. 15. Form and contents of lists. Form B ate list for each municipality within his appointment, and wherever there is not a municipality, or where the elector- al district is a municipality, a separate list for each town- ship, parish, polling district or other known division of the electoral district, (n) of the persons who, according to the provisions of this Act, are entitled to be registered as voters, and to vote under this Act, at any election for such electoral district ; — which list shall contain the names of such persons in alphabetical order, (o) and shall be in the form B contained in the schedule to this Act, indicating But as far as the public interests are concerned, the Act may be looked upon as directory : Nkkle v. Douglas, 35 U. C. Q. B. 126. "The general rule is that an absolute enactment must be obeyed or fulfilled exactly ; but it is sufficient if a directory enactment be obeyed or fulfilled substantially : " Per Lord Coleridge, C. J., in Woodivard v. Sarsons, L. R. 10 C. P. 746. (n) The duty of the Revising Officer in preparing the "separate lists" here referred to, is ministerial, not judicial ; and is similar to the duties of Overseers under the Imperial Acts, or Municipal Officers under the Pro- iv '"I Franchise Acts. The apparent intention of the above provision, as to I . municipal and other divisions, is to leave it discretion, jy with the Re\ xsing Officer to make out the preparatory lists according to the municipal, or parish, divisions ; or according to the polling-district, or other known, divisions of the electoral district for Dominion election purposes. (o) The object of the Voters' List is to furnish an official alphabetical register of all persons who are possessed of the requisite qualifications of voters. It is to enable all persons interested in the election to have a check at hand at the time of polling the votes : Beg. ex rel. Dundan v. Niles, 1 U. C. Cham, i 198. And so that the voter may be easily identified when he tenders his vote at the polls: Lincoln (Berston's Case), 2 App. R. 324. By s. 10 ontej no persons are to be entitled to vote at Dominion electiona except the persons duly qualified and registered as voters under this Act. The list made out ought to be alphabetical: Hunt v. Hibhs, 5 H. & N. 123. The primary object | of instituting lists was to secure greater efficiency and convenience in con- ducting the elections, by making the list the sole record and table of refer- ence on election day. To this end it was absolutely essential that the I alphabetical list should contain the name of every person entitled to vote. It I was expedient, but not essential, that it should comprise a description of his I real property for the purpose of identification, which was the only question I of qualification which could be raised at the election: Per Moss, 0. J., in I Lincoln (Berston's Case), 2 App. R. 334. The Registration Act, 6 Vic. c. m (Imp.) provides (s. 79) that no misnomer or inaccurate discription of any I person, place or thing in any list of voters, &c., shall prevent or abridge thel The Electoral Franchise Act. 117 in the proper column thei'eof whether such persons respec- tively are qualified in respect of real property, as owners, Qualification tenants, occupants, purchasers in occupation under the °^ ^o*®'^^- Crown, or otherwise (stating the numbers of the lots, por- Description tionsoflots and concessions, streets or other most avail- °^P^°P®'*y- able description of the real property in respect of which they are so qualified, {p) and their post office addresses as p. o.address. operation of the Act, provided such person, place or thing be so denominated as to be commonly understood. The words " commonly understood," imply some clumsy description, which though inaccurate, sufficiently points to the thing described: Flounders v. Donner, 2 C. B. 63, There is no analogous pro- vision in this Act ; but the spirit of modern judicial decisions is in harmony with its expressed intention. Misnomers are questions of fact, as to whether a person, place or thing is so denominated as to be commonly understood: Hinton v. Hinton, 7 M, & Gr. 163. W. Nicholas was entered on the list as W. Nickless, an error in spelling : Held, sufficient: Ihid The Christian name James was inserted instead of Joseph : Held, a misnomer cured by the Act : Reg. v. Thioaites, 1 E. & B. 704. Natttl. Beggs, sufficiently identifies Nathaniel Beggs : Carroll v. Beggs, 15 Ir. C. L. 370, Thomas Brown, finding that he had been entered by mistake as William, voted under the latter name : Held, a misnomer, and vote good : Oldham (Brown's Case), 1 CM & H. 152, One Charles Arthur Bowman, was generally kno'wn and identified as Charles Bowman, and so entered on the list ; Held, a misnomer not cured by the Act : Moorehouse v. Linney, 15 Q. B, D. 273, The abbre- viations, Frank for Francis, Fred for Frederick, Harry for Henry, Joe for Joseph, would be covered by the provision, because everybody of r "dinary I sense would understand what was meant: Per Lopes, J., Ibid 279. Wm. if 111 abbreviation for William : Henrt/ v. Armitage, 12 Q, B, D. 257. iJone for Jones, "obviously a mere clerical error, ex facie:" Oothard V. Clarke, 5 C. P. D. 253. Where the surnames of the voters were correct, but the Christian names were erroneous: Held, votes good : lieg. ex rel. Chambers v. Allison, 1 Can. L. J. 244, Wilson Wilson for William Wilson, I Simond Faulkner for Alexander Faulkner, were allowed ; and "'homas Sanderson was held idem sonans with Thomas Anderson : Ibid. See contra, \Phayre V. McDonel '. llr. L.R.'^QO. (p) Under a similar provision in the Ontario Election Law 1868, where no I other description of the voter's real property was given but the name of the street on which he resided, it was held that the right of a voter, whose name has been entered on the voters' list, to exercise the elective franchise is not 1 destroyed by the want of a sufficient, or of any, description of the real pro- perty on which his qualification depends. The provision in the Ontario Elec- tion Acts requiring such description to be inserted, is directory only, and does Dot make it essential to the right to vote. The description must be accepted I to be sufficient where it is the same as that given in the Assessment Roll : •■*tiiir Till fifi'nnt'ffiittMiiiwfniTnii III nil aSBHH^ 118 The Electoral Franchise Act. [s. 15. neai'ly as can be ascertained by the' said Officer [q)), or as Lincoln {Berston's Case) 2 App. R. 324. It is a question of fact for the revising barrister whether the nature or description of the qualification is sufficiently described for the purpose of being identified : Wood v. Willesden, 2 C. B. 15. The place of abode of a voter is no part of his qualification : Luckett v. Knoioks, 10 Jur. 99. A voter's place of abode was described as Greenwich, whereas his true place of abode was Queeri's Square, Bloomsbury : Held, aa inaccurate description which the Revising Barrister had power to correct : Ibid. The voter was described as of " The Grove, Neasdon." It was shewn that " Neasdon " was not a street, lane, or like place, and that the property was not situate in any street, lane, or like place, but was known by the above name: Held, a sufficient description: Ibid. So "Poplar Grove, Didsbury," without stating where Didsbury was situated: Gadsbyy. War- burton, 7 M. & Gr. 11. The object is to give reasonable information where the party is to be found : Ibid. The property was described as "building and hi 1, Rushbrooke," without saying where Rushbrooke was. It was argued that " it was not even stated to be in England:" to which Maule, J., replied : " It is not even stated to be in Europe ; " but the objection was overruled : Nunn v. Denton, 7 M. & Gr. 66. So "House and shop, High street " is sufficient : Daniel v. Campliu, 7 M. & Gr. 167. " Part of a house '* is a good description of the nature of the qualification : Judson v. Luckett, 2 C. B. 197. The property occupied by the voter consisted of a farm-house and some land at some distance from the farm in the same township. The farm was known by no particular name, but the whole property was entered opposite the voter's name as " Brock lane and elswhere in Thornton." Held, sufficient : Birks v. Allison, (Dixon's Case), 13 C. B. N. S. 24. Ambiguity in the description of the qualification as " Leasehold, house and garden," will not invalidate : Jones v. Jones, L. R. 4 C. P. 422. If a person be duly assessed for a named property on the roll, even although there may be a clerical error in describing the property on the voters' list, or in erroneously setting down another property on the voters' list, if no question or difficulty arise at the poll as to taking the oath, the vote will not be struck ofi" : Brock- ville, 7 Can. L. J. 221, The provisions of the law as to how voters are to be entered on the voters' list in respect to their property is directory : Prescott, Ho. E. C. 780. Mistakes in copying the voters' lists should not deprive legally qualified voters of their votes. But the mere fact that the lists were not correct alphabetical lists, or had not the correct number of the lot, or were not properly certified, or the omitting to do some act as to which the statute is directory, is no ground for setting aside an election, unless some injustice has resulted from the omission, or unless the result of the election was aflfected by the mistake : North Victoria, Ho. E. C. 584. {(}) The object of requiring the post office address of each voter is to enable objectors to serve notices by post as authorised by the latter part of ss. 19 and 26 post. Where the municipal officers, finding an incorrrect address of a voter in the copy of the register of voters sent to them by the clerk of the 15.] The Electoral Franchise Act. 119 farmers' sons or the sons of owners of real property other Farmers' than farmers, stating the numbers of the lots, portions of toterTon lots, concessions, or streets or other available description of income. the real property of their fathers or mothers, in respect of which they are qualified as farmers' or other owners' sons, as hereinbefore provided, (r) or whether they are qualitied ill respect of income ; and as to sons of farmers or of rather owners as aforesaid, and voters on income, stating also in the said list, in the proper columns thereof, the residences and post office addresses of such persons, as nearly as can be ascertained by him ; (s) and after havin*^ so prepared the said list, the Revising Officer shall sign the same as signing listc such : {t) Provided, that such assessment rolls as afore- Assessment said shall be taken by the Revising Officer as prima facie ""o"^- ,'*"d evidence of value, and such voters' lists or poll books as primci fade peace, altered it by substituting the true address of t^he voter, and so pub- lished it : Held, that a notice of objection directed and sent by post addressed to such voter at such substituted address was not a compliance with the Act, and that tlie service of the notice was insufficient : Noseworthy V. Buckland-in-lhe-Moor, L. R. 9, C. P. 233. See notes (ij) p. 121, and (/i) p. 129 post. (?) See note {p) p. 117, ante. (s) See note (q) ante. {t) Under a similar direction to overseers requiring them to sign and pub- lish the lists of voters it was held that the provision directing them to sign the lists was not obligatory, but directory, and that lists unsigned, or signed by one only, or by a minority, of the overseers, were not invalid : Morgan v. Parr;/, 17 C. B. 334. Where a municipal clerk died after preparing the lists, and his successor finding them in the office with the certificate and name of the former clerk printed thereon, posted them as required by the Act : Held, that l^e provision as to signing the lists was directory, and that the object of having the clerk's name to the list was to authenticate the same as coming from the clerk's office ; Ee Ooderich Voters' Lists, 6 Ont. Pr. R. 213. Where a burgess list was not signed by some of the proper officers, but a list of certain claimants, properly prepared, was tendered for revision, and refused : Held, on an application for a mandamus, that as there was no subsisting list, the eflfect of revising the list of the claimants would be to make them the sole constituency : Reg. v. Harwich, 16 Jur. 291. Where the overseers of one of several parishes omitted to make out a list ; and at the revision court there was no list for the parish in which the name of the claimaut appeared, a mandamus was granted : Reg. v. Liclijield, 1 Q. £. 453. 120 The Electoral Franchise Act. [s. 16. evidence of aforesaid, as the case may be, as prima Jacie evidence of qualification qualification to vote, (u) Publication of lists. FormC. 16. The Revising Officer shall then forthwith cause to be printed a sufficient number of copies of the said lists, being not less than two hundred, (v^ and, after certifying them in the form C contained in tn^. schedule hereto, shall, on or before the first day of Ma ch, one thousand eight hundred and eighty-six, publish tl e said lists, {iv) by By posting in causing one copy of each list to be posted up in the office nmiiTn? to*^ ^^ *^® clerk or other corresponding officer of each munici- certain offl- pal, parochial or other known territorial division in the electoral district, for which the said list is prepared and m cials (m) See notes pp. 48-50, 72 and 84. (i)) A similar provision is in R. S. O. c. 9, s. 3. The duty here prescribed is ministerial, not judicial. The overseers of a parish, in preparing the list for publication, placed the name of a voter under the proper heading ; but the printer by mistake, inserted on the sheet which commenced with the voter's name, a heading applicable to another list, and the overseers published the list as erroneouslj'' printed. The Revising Barrister decided that there had not been a publication of the proper list, and expunged the name of the voter, and all the names following under the erroneous heading : Held, reversing the decision of the Revising Barrister, that there had been a sufficient pub- lication of the list, and that if there was anything wrong in it, it was a mistake of the printer which the Revising Barrister was bound to correct ; Mather y. Allandale, L. R. 6 C. P. 272. "The objection taken by the Revising Barrister was over-refined": Per Willes, J. , Ihid. Twelve persons, wiiose names were entered on the assessment roll as " freeholders," appeared on the voters' lists, owing to a printer's mistake, as "farmers' sons," and voted at an election : Held, that having been rightly entered on the assess- ment roll, and having the right to vote, the mistake as to the description of their qualification on the voters' list did not disfranchise them : Prescott, Ho. E. C. 780. "It would be a hardship indeed if a person should find himself disfranchised by a mere mistake on the voters' list, caused either by accident, clerical error, or an error of the printer :" Per Armour, J., Ihid. (w) By the Imperial Act (6 Vic. c. 18. s. 26), it is provided that the lists are not to be invalidated by insufficient publication, provided they have been affixed in any place, and for any portion of the time required. No similar clause is in this Act. In case any list, notice, &c., should be destroyed, mutilated, efifaced, or removed, before the expiration of the period during which it ought to continue, it should be renewed as soon as conveniently may be, by affixing another in its place : Rogers on Elections, 130. 3. 16.] The Electoral Franchise Act. 121 , the required notice is to be published is not pre- scribed. But reading s. 19, in connection with the direction contained in 88. 16 and 17, as to the publication of the lists, the notice of the sitting of the Court, must j)e "not less than four weeks after the publication of the list ; " or such further time as may be reasonable in view of the public call made oil " any person objecting to any name; " and on "any person desiring to add! any name " to deliver notice of the same ui writing to the Revising Officer, and the persons objected to, " at least one week before the day fixed for the- preliminary revision. " (/) The sitting for the ' ' P'-'-liminary Revision " of the lists is to be held in the most convenient r'ace "in the Electoral District," not in each muni- cipality or other minor de.ision, as prescribed for the " Final Revision " by 8.26. Hi SS^SmSSS 124 The Electoral Franchise Act. [s. 19. portion as may be within his commission, as he shall deem most convenient for that purpose, on a day not less than four weeks after the publication of the list as aforesaid ; and any person (g) desiring to add any names to the said {g) "Any person." This form of expression is large enough to include electors and non-electors. But as the statute gives franchise rights to par- ■jcular — not all — classes of persons, it would seem reasonable to construe this expression as meaning only those who have an interest in the subject matter, i. e. , persons entitled to claim the right of suflFrage. ' ' All rights reside in persons, and are rights to acts or forbearances on the part of other per- sons. Thej'^ are capable of being enforced judicially against the persons who are bound to those acts or forbearances :" Austin's Jurisprudence, 378. " I have no right, independently of the injunction or prohibition which declares that some given act, forbearance, or omission would be a violation of my right ; nor would the act or forbearance be a violation of my right, unless my ri^ht, and the corresponding duty were clothed, with a sanction, criminal or civd :" Ibid., 794. " Jus personate, commonly signifies rights which obtain against persons cti'tain .•" Ibid., 973. No one can sue except for the infringe- ment of a common law right ; and every person can sue who has suflFered an infringement of a common law right :" Dicey on Parties to Actions, 73. It is essential to an action of tort that the act complained of shoidd be legally •wrongful as regards the party complaining, i. e., it must prejudicially affect him in some legal right. The fact that it will, however, do him harm in his interests, is not enough : Rogers v. Rajendro Dutt, 13 Moore P.O. 209, s. c. 9 W. R. 149. Whenever one man does an act which would operate in derogation of the rights of another, he is liable to an action without parti- cular damage at the suit of the person whose right may be affected : Harrop V. Hirst, L. R. 4 Ex. 43. On an action brought by a person on the register against a Returning Officer who on a scrutiny found him not entitled to vote : Held, that having lost his right to vote he had no right of action : Pryce v. Belchers, 4 C. B. 867. "Person" may, in a public statute include a cor- poration, as well as a natural person : Pharmaceutical Society v, London, at a name alreadv on the list should Mo'n^fwhos^ 't)e struck oft', the person so objecting shall give notice in name is ob- writing to the person whose name is objected to within the ^*° ® °' same time {in) and in the like form as to the Revising Ofticer, by delivering such notice to such person, or by the opposite party, the Revising Barrister had not found tliat it did not s& notify : Trotter v. Walker, (Hallam's Case), 32 L. J. C. P. 60. Where the notice of objection was signed in such a way that the Christian name was legible, but the surname was found not to be decipherable without recourse to the entry on the register of the objector's name, or other extraneous assistance : Held, that whether the object of the statute in requiring a signature was to authenticate the document, or to give information to the objectee and Revising Barrister, the signature was autficient : Trotter v. Walker, i ' li. N. S. 30, s. c. 9 Jur. N. S. 603. The usual signature of the objector was engraved on a stamp, and this stamp was impressed on the notice of objections : Held, sufficient : .Bennett v. Brmnfitt, L. K. 3C, P. 28. It is not iifccessary that a separate notice of objection should be given in respect of each voter objected to in the list ; all the names of the voters objected to may be included in a schedule to one notice : Smith v. Hollowaij, L. B. 1 C. P. 145. Where in the body of the notice, the objector, b.stead of using the pronoun "your," inserted his surname Ijefore his Christian name, but it was found to be "commonly understood:" Held, sufficient: Force \. Floud, 15 G. B. N. S. 543. A voter sent in his claim signed by his initials and surname ; it was rejected because of the signature by initials : Held, that the information was sufficient, and that a manilamus should issue to have the name inserted on the list : Hej. v. Hartlepool, 15 Jur. 1158. Qucere, whether the notice of claim requires the personal signatures of t^., "laimant : Davies v. Hopkins, 3 C. B. N, S. 376. The notice should be subscribed by the objec- tor or his agent : Jfe Sivipson and the Judge of Lanark, 9 Ont. Pr. R. 358. 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 Re McChdloch and the Judge of Leeds and Grenville, 35 U. C. Q. B. 451. See note to form D. (m) The words, "any time before the day so fixed" (s. 19) for the preliminary revision, leaves it to the Revising Officer to determine whether the ii itice could have reached the party objected to, in reasonable timd. Whr.t is a "reasonable time " is a question of fact, and not of law : Startup 1*' .'- donald, 6 M. & Gr. 593. " As a general rule no man s property or liberty even in a judicial proceeding, however large the power given to the Courts, can be brought in jeopardy, so that he may be said to be bound by it unless he has had the opportunity of being heard : " Per Richards, C. J. , iu Nicholls V. Gumming, 1 S. C. R. 408. When the initiatory proceedings necessary to give jurisdiction to a public authority, are not taken as prescribed by the Act, all proceedings founded thereon are void, and may be reversed on certiorari : Robinson v. McQuaid, 1 P. E. I. 103. See further, note {j) ante p. 126, and note (n) following. [s. 19. 20.] The Electoral Franchise Act. 129 ' should otice ill :hin the Levising 1, or by (I not sa here the ame was recourse :traneous [uiring a n to the ''rotter v. lature of 3d on the C. P. 28. given in lie voters -folloioaij, ..stead of an name, Foi'ce V. litials and that the the name lether the Davies v. the objec- r. R. 358. ^e on the be misled ulloch and form D. reliminary the ii'.trcc Wh-t is a or liberty he Courts, y it unless C. J., in roceedings taken as nd may ue e further, mailing the same by registered letter to his last known po.st office address, (n) 20. On the day and at the time and place appointed, Preliminary the Revising Officer shall j)ublicly proceed to the prelimi- nary revision of the lists, basing such revision on the evi- (/() This is similar to the Imperial Act of 1843, s. 100. To dispense with proof of service there must be an actual appearance on the day the case is called on : Grover v. Bontems, 4 C. B. 70. If the party appears, he cannot be heard to object to the sufficiency of the notice of appeal : RaioHns v. West Derby, 20. B.72. But his appearance, for the purpose of objecting to the want of service of the proper notice, is not a waiver : Rvij. v. Court of Revision of Cornwall, 25 U. C Q. B. 28G. When the objector serves the notice through the post office, and the party addressed resides a distance fioni the office to which the notice is directed, he must shew that such notice; would, in the ordinary course of post, be delivered in sufficient time : Lewi.-< v. t'vans, L. R. 10 C. B. 297. A notice was sent by post to the address of a voter ; but there was no postal delivery of letters at the place, and u;-i"ss by some pri- vate accidental conveyance, the voter would not receive the notice : Held, not sufficient service : Jbid. Where notices were duly posted on such a day as was sufficient for them to have reached their destination within the time reciuired by the statute, but from some neglect in the post office they did not reach their destination until after that time ; Held, that the services were sufficient : Bay ley v. Nantivieh, 2 0. B. 118. So although the notice was not delivered by the post office authorities : Bishop v. Helps, 2 C. B. 45. The statute enacts that it shall be " sufficient " if the notice shall be sent by the post free of postage, directed to the person to whom it is sent. When all these conditions are complied with, such a sending will be sufficient sub- stitute for giving the notice to the person objected to, or leaving it at his place of abode : Per Tindal, 0. J., Jbld. When a letter is deposited in the post office it ceases to be the property of the sender, and becomes the pro- perty of the person to whom it is addressed: 38 Vic. c. 7, s. 37 (D. ) A person puting into the post 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 : Duulop v. Hhjifms, 1 H. L. Cas. 381 ; Harris's Case, L. R. 7 Ch. 587 : JohXston v. Provincial Insurance Company, 27 U. O. O. P. 464 ; Shannon v. Hastings Mutual Insurance Company, 2 App. R. 81. Sed Contra : British and American Telegraph, Company v. Colson, L. 11. 6 Ex. 108 ; McCann v. Waterloo County Fire Insurance Company, 34 U. C. Q. B. 376. There is no power in the overseers to alter the siddress of a voter in the register of votes sent to them ,for publication : Nose- worthy V. Buckland in the Moor, L. R. 9 C. P. 233. The post ^-iHce certifi- cate of registration of a letter is issued under the departmental regulations, and not under the Post Office Act. See pp. 119 and 121 ante. 130 The Electoral Franchise Act, [s. 20. dence (o) and information {p) before him in support of any claims for addition to the list of voters, or of any proposed amendments or corrections, {q) but not including any ob- jection to the insertion of any name, which he shall merely (o) There is a wide difference between evidence and proof, which is the effect of evidence : Powell on Evidence, 8. Evidence includes all legal means, exclusive of mere agreement, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation; Taylor on Evidence, s. 1. By the Indian Evidence Act of 1872, " Evidence'' means and includes : (1) All statements which the Court permits or requires to be made before it, by witnesses in relation to matters of fact under inquiry. Such statements are called oral evidence. (2) All documents Srottuced for the inspection of the Court. Such documents are called ocumentary evidence. A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists, A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. A fact is said not to be proved when it is neither proved nor disproved, (s. 3.) {p) The term "information" is used in some sections of the Act, but usually in connection with the word "evidence," with which it would tliere- fore appear to be ejusdem generis, and not as authorizing parol or written un- supported statements affecting the franchise of electors. The qualification or disqualification of persons claiming the status of voters can only be deter- mined according to the usual course of the courts in judicial proceedings, It has ever been a standing rule of the courts only to decide questions of fact on "evidence." "It has been an ancient observation on the laws of England that whenever a standing rule has been wantonly broken in upon by statutes or n^w resolutions, the wisdom of the rule has in the end appeared from the inconveniences that have followed the innovation , and the Judges and sages of the law have therefore alwayi suppressed new and subtle inventions in [derogation of the common law :" Brooni's Legal Maxims, 109. " Where the Court cannot take judicial notice of a fact, it is the same as if the fact had never existed :" Ibid. 121. Declara- tion are allowed by the Act of 1878 (Imp) in respect of misdescriptions on the register of voters (s. 24. ) See notes p. 50 ante. {q) At this sitting the Revising Officer may (1) add the names of persons who establish their right to vote, and (2) amend or correct entries already on the list of voters. His jurisdiction is apparently limited to the cases in i-espect of which the week's notice referred to in the preceeding section has l)een given; and he may then dispose of them; or as to " claimants whose II.] The Electoral Franchise Act. 131 note on the list opposite the name objected to ; (r) and he How to be shall then and thei '^ correct the lists, on the said basis, and rev^ised. to the best of his judgment and ability, upon such evidence and information, (s) and shall note every objection on the said lists as aforesaid ; he shall also attest with his ini- tials any addition or change therein ; {t) and he shall also append to such lists the names of claimants whose claims he has not admitted, (u) and shall sign such appended lists, {v) 21. The Revising Officer, having completed the said pre ^®''.*'*^'Vj^* liminary revision of the said first lists for the electoral dis- trict, or such portion thereof as is within his commission, shall sign the same as such Revising Officer and certify each Qf the said lists, and shall, on or before the first day of claims he has not admitted," he may reserve them fgr the final revision, (s. %poHt). The question which a Revising Barrister has to decide for himself, whenever a person claims to be placed upon the register of votei's, is this, "If an election were now going on, would the claimant be legally qualified to vote?" Powell V. Bradley, 11 L. T. N. S. 602. (r) These words clearly exclude a jurisdiction, at this sitting, to strike off any names objected to. A Revising Barrister is not authorized to strike out the name of a voter not objected to, though the Court had decided, in an exactly similar case, that the voter cannot in fact have a surticient qualifica- tion : Smith v. James, L. R. I C. P. 138. Where in revising the burgess lists, the name of a householder which had not been objected to was struck off, a mandamus was granted to re insert : Reg. v. Dover, 11 Jur. 710, afd., 11 Q. B. 260. Where the revision court erroneously determined that certain notices of objection were invalid and refused to inquire into the qualifications of the persons objected to, a writ of mandamus was granted commanding a court to be held to revise the list, although the time limited had elapsed : Rtg. V. Monmouth, L. R. 5 Q. B. 251. (s) See note (p) ante. (0 There is a similar provision in the Imperial Act of IS-IS. See notes to s. 27. (u) The object of appending the unadmitted claims to the list of voters is that the names of the claimants may be published in the printed lists for general information, pursuant to s. 23 post. . . - ..'1 ,-. [v] This provision is directory. The object of having the officer's name to the lists is to authenticate them : Re Ooderich Voters' Lists, 6 Ont. Pr. R. 213. A list not so signed is not invalid : Morgan v. Perry, 17 C. B. 334. 132 The Electoral Franchise Act. [s. 22. Division of electoral dis- trict into polling dis- tricts. May, one thousand eight liuiidied and eiglity-six, by an order under his hand, in the form F in the schedule to tliis Act, divide every city, town, ward, parish, township or other municipal or corresponding division in the elec- toral district (or in default of such municipal or other corresponding division, every tract of land therein) having, according to the list relating to it, more than three hun- dred voters therein, by well defined boundaries, such as streets, highways, side lines, concession lines or the like, into polling districts, in such manner that the number of voters in the several polling districts in the electoral dis- trict shall be as nearly equal as may be, and shall not in Priviso:in any one case exceed two hundred: {w) Provided always, voters much that where the electoral district does not contain three scattered. hundred voters, or where the voters are scattered over a large extent of country, the said Revising Officer may, nevertheless, sub-divide the electoral district into as many polling districts as he thinks advisable for the convenience of the voters, even though the number in each be less than two hundred. ^oinn^S 22' "^^^^ l)olling districts in each municiiiality or other ricts. corres])onding division as in the next preceeding section mentioned shall be numbered, with a local designation at- {w) The Imperial Act of 1S67 authorizes (s. 34) Justices assembled in the Court of Quarter Sessions to divide the county into polling districts, and to as- sign to each district a polling place, in such a manner as to enable each voter, as far as practicable, to have a polling place within a convenient distance of his residence ; and also to name the place therein where the Revising Barrister is to hold his Court. In boroughs, the polling districts are defined by the town council, or Justices in petty sessions : 35 & 36 Vict. c. 33, s. 5. The polling districts defined under the above clause may be altered from time to time under 8. A\, x>ost' A non-compliance with the directions of the Act, or any informality relating to polling districts or places will not affect the validity of an election : Greenock; 1 O'M. & H. 249. One purpose of having election districts designated by some public record is, that all parties interested may know where to resort to find the ballot-box ; some to go there to vote, others to watch for illegal voters ; all have an interest in knowing where the law of tlie land has directed the election to be held : Chait v. Miller, 41 Penn. St. 403. 23.] The Electoral Franchise Act. 133 taclied to such number, in and by the order of the Revising Officer by which they are established, and such order shall be, forthwith after the making thereof, filed and kept by the Revising Officer for the purposes of this Act : {x) Pro- Proviso : as vided always, that in Prince Edward Island polling divi- ^J^,^-f- sions may comprise parts oi several townships, (y) 23. Immediately after the sub-division of the munici- fo/^eachVoii- pality into polling districts as in section twenty-one pro- ing district, vided, the Revising Officer shall prepare from the first lists of voters as preliminarily revised by him as aforesaid, a separate list of voters for each polling district, containing in alphabetical order the names of all voters qr tlified to vote in such polling district, (noting the names objected to) {z) and in the same form as nearly as may be, as the form Unadmitted referred to in section fifteen, and shall sign the same as appended, such Officer, (a) and shall append thereto thp names of claimants whose claims have not been admitted. (6) FINAL REVISION OF THE FIRST LISTS OF VOTERS. 24. After the completion of the preliminary revision of Publication the lists of voters and the preparation of lists for polling description districts, and after the signature of the latter by the Re- «/ polling • . . districts. vising Officer, (c) he shall, for the purpose of making the final revision thereof, cause a sufficient number of copies of each such list, with the description of the polling dis- (r) By the Imperial Act of 1873, a copy of the order dividing the electoral district into polling districts is to be sent to the Secretary of State, to be by him laid before Parliament : (s. 5.) [y) See s. 26, post. [z) See note (?0 p. 131, ante. {«) See notes (0 p. 119, and (v) p. 131. ante. {h) See note («) p. 131, ante. (c) See notes pp. 119 and 131. ' aw w * w )^ww««''W ff ^?«'i^'»w "g 134 The Electoral Franchise Act. [s. 24. Posting up in public places. Copies to be procurable at fixed rates. Copies to be sent to cer- tain officials. trict to which it relates, to be printed, and shall certify the same as such Officer, and on or before the first day of June, one thousand eight hundred and eighty-six, shall publish the same by causing copies to be posted up in three conspicuous public places in the polling district to which it relates, (d) and by delivering copies thereof to any persons applying for the same, upon being paid accord- ing to the rates mentioned in section sixteen, but not to exceed ten cents for a copy of the list for each polling di- vision, (e) to each of which copies shall be appended a no- tice in the form G in the schedule to this Act, fixing a time and place for the final revision of each of the said lists ; {/) and the said Revising Officer shall also deliver or transmit, by registered letter, (g) copies of such lists as follows : to each member of the council of every city, town, township, or village in any electoi-al district, and to the clerk and treasurer thereof, and to each postmaster in every such municipality or polling division one copy of (d) See the provision from the Imperial Act, p. 122. The day of posting up, not the day of the delivery or transmission of the lists to the officers and persons thereinafter named, is the day from which the computation of the time for holding the Revision Court is to commence : see s. 26 post. The time for making complaints under the Ontario Voters' List Act, R. S. 0. c. 9, commences to run from the date of posting of the lists in the Municipal Clerk's office, and not from the date of sending copies of such lists to the pei'sons and oHicials named in the Act, and this notwithstanding the clerk negligently or wilfully withholds sending the lists to the parties named : Re L'Or'Kjnal Voters' Lists, 9 Ont. Pr. R. 425. (e) The rates are prescribed by s. 16 ante p. 122. (/) The time must be some day after the expiration of the "five weeks after the publication by posting up of the lists " (s. 26). The place must be within a known territorial division : i. «., the city, town, township, parish or village which includes the polhng district (Ibid.) ; except in cities, towns and villages where it may be in "some central place" therein for the several polling districts in such municipalities (s. 48). And in that case the Revising Officer may appoint a separate day, and hold a separate Court for each polling district (Ibid.) There is a special provision relating to polling districts in Nova Scotia and Prince Edward Island in s. 26 j^ost. ig) See notes pp. 121 and 129. M'ilS il' [s. 24. 8. 25.] TJie Electoral Franchise Act. 135 I certify st day of dx, shall ed up in istrict to lereof to d accord- it not to oiling eli- ded a no- fixing a ' the said o deliver ch lists as ery city, ;t, and to master in copy of of posting ;he officers ition of the wst. The . S. 0. c. 9, ipal Clerk's he persons negligently i L'Orlijnal five weeks ,ce must be 3, parish or towns and the several le Revising lach polling districts in every list relating to such municipality or polling division ; to the sheriff, warden, clerk of the peace and county judge of the judicial county or district, one copy of each of the several lists relating to such electoral district, or part of be'r^oJ°™^o'f' electoral district which may be within such judicial county c.andunsuc- or district; (h) and ten copies of each of the several lists dWate. *^° relating to such electoral district to the member or mem- bers of the House of Commons for the said electoral dis- trict or part of an electoral district, and to the unsuccessful candidate or candidates at the last election for the same. ., 25. The Revising Officer shall also at the same time pub- Notice of lisli the said notice appointing the time and place for the pi'ac^e for said final revision, in a newspaper, if any there be, pub- fiuai revision lished in the munici|)ality or other division of the elec- Publication, toral district to which the polling district affected by such list belongs, by one insertion thereof in such newspaper, (i) (h) The object of the Act in directing copies of the second lists to be sent to the above named officers, is to ensure publicity for the lists, so that all electors may examine them and take steps to ensure a proper revision. Though the Act does not direct that each of these officers on receiving the lists should "post up one of them in a conspicuous place in his office," as in s. 17, it would be proper for them to do so. " We cannot suppose that the Legislature intended that if the Clerk omitted any of those things which he is directed to do, — such as making 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 complaint 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 complied with, it would be the duty of the Judge to proceed with the revising." Per Morrison, J., lie Ooderich Votej's' List, 6 Ont. Pr. R. 215.* The sending of the lists to the persons and officials named is directory only, and any negligent or wilful withholding of such lists, or a false certificate as to such sending, will not effect the legal revision or authen- tication of such lists : 7?e I/Orignal Voters' Lists, 9 Ont. Pr. R. 425. See ii es to 8. 16 cCnte, {i) There is a difference, perhaps unintentional, in the directloiis fo publishing the notices of the sittings of the Revision Courts. By s. 18 notice of the Preliminary Revision is to be given by "o< least one insertion' " in one or more newspapers." By this section, notice of the Final Revision, i 136 The Electoral Frf Act. [s. 26. Final revi- 26- The (lay to be as aforesaid for such final five weeks I'evisioTi shall not be le, an five weeks after the publi- after posting cation by posting up of tne said lists as aforesaid, {j) and the place shall be in the city, town, township, parish, incorpoi'ated village or other known territorial division (and in the Province of Prince Edward Island, the existing Provincial electoral district) which includes the polling district, and in the electoral districts of the Province of Nova Scotia, in such places comprising not less than three polling districts as the Revising Ofiicer may think most convenient ; and any person (Jc) desiring to object or add to, or in any way amend or correct such list on the final revision, shall have the right to do so, {I) if he shall have listB. Place. P. E. I. N. S. to be given by " one. insertion " "in a newspaper." The spirit of the Act is to give full publicity to all concerned, of the sittings of the Revision Courts ; and it would therefore be more in harmony with that spirit to construe this section according to the directions in s. 18. (j) The computation of time should be made from after the last day on which the lists were published "by posting up." The day of posting the lists is not to be included in reckoning the ' ' five weeks after the publication by posting up of the lists." Where goods were sold to be paid for * ' in two months' time," it was held that the last day was included, and the first day, the day of sale, was excluded : Webb v. Fainnaner, 3 M. & W. 473. So where a patent contained a proviso that the specification was to 1)e filed within a month's time next after the date thereof, the day on which the letters patent were granted was held to be excluded : Watson v. Pears, 2 Camp. 294. See note {y) p. 53, note (i) p. 125, and note (d) p. 134 ante. (k) "Any person ;" see note {g) p. 124, ante. A relator in a quo warranto case is not necessarily bound to prove his interest, unless the -respondent question it, by denying it, and showing, or at least alleging, some ground for his denial : Jieg. ex rel. Bart life v. O'lilellji, 8 U. C. Q. B. 617; s. c. Har. & Ho. Mun. R. 459. Where, on an election petition alleging that the election was lieM on illegal voters' lists, the election Judge found the fact as alleged, but also held that the petitioners, owing to the illegal lists, were not qualified to petition. On appeal, the judgment was reversed, and it was Held, that an election conducted on illegal voters' lists will be set aside notwithstanding that the petitioners fail to prove themselves qualified to petition : Montreal Centre, 18 L. C J. 323. The proper person to bring an action is the person whose right has been violated, — a rule not applicable merely to the procedure of this country, but one affecting all sound procedure : Per Willes, J., in Oray v. Pearson, L. R. 5 C. P. 574. {I) "The right to do so ;" i. e. to object or to add to, or in any way amend, the lists on the final revision. The maxim, " a personal right of action dies 26.] The Electoral Franchise Act, 137 previously given the proper notice for that purpose at Persons ob- tbe preliminary revision, {m) or upon giving the the same g°ive"ifotice*° notice and following the same procedure as is provided for of objections ill section nineteen as to objections or amendments on the with the person," applies to cases under this Act. " It may be the notice would fall if the objector were dead :" Per Byles, J. in Proudfoot v. Barnes, L. K. 2 0. P. 94. Where the Revising Barrister died without having finally settled the terms of a special case, the Court refused to > How the case to be entered : Nettkton v. Barrell, 7 M. & Gf. 35. By the Imperial Act of 1878 objections to borough (but not county) voters may be withdrawn by a notice in writing, if served seven days before the first court. And on the death of an objector any person duly qualified to make objections may have the pro- ceedings revived before the time for revision (s. 27.) See also, note (k) ante. [m) Duringthe earlier Revision Courts under the Imperial Registration Acts, every possible technical objection appears to have been taken to the notices which the Acts prescribed should be given in respect to objections to voters, or claims to be registered. And many of the cases seem to indicate that the Revising Barristers and Courts were more astute to give effect to technicali- ties, —to sh!)W how blunders could be made insuperable to defeat the law, and the right to the franchise, — than to adjudicate upon the true right of the person whose vote was claimed or objected to. Fortunately for the interests of justice, the reported decisions of our Courts may be referred to as giving truer law to aid Revising Officers in sweeping aside technical objections, or asserted blunders, so as to get at the very right and the very justice of every claim or objection. The franchise is not to be lost to any one who is really entitled to vote, if his right can be maintained in a reasonable view of the requirements of the Act : Reg. ex rel. Chambers v. Allison, 1 Can. L. J. 244. Tlie inclination of the Courts is in every way to favour the franchise : Eeg. ex. rel. Ford v. Cottingham, 1 Can L. J. 214. 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 ; and when the County Judge gives effect to such objections a man- damus will be ordered : Re McOnlloch and the Judge q/ Leeds and Grenville, 35 U. C. Q. B. 449. ' ' The presumptions of law are always in favour of the franchise ; and Acts of Parliament should be worked out to confer the fran- chise on those wto 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., Ibid. "The Court is anxious to allow the person who claims it, cYiH right to exercise the franchise in every case in which there has been a rea- sonable compliance with the statute which gives him the right he seeks to avail himself of. No merely formal or immaterial matter should be allowed to interfere with the voter exercising the franchise :" Per Blake, V.C., Re Lincoln (Borroxvmav' s Case), 2 App. R. 323. " 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, 20 1 138 The Elect(yral Franchise Act. [s. 26. Two weeks notice. preliminary revision, {n) and the notice of such objections or claims from any person shall be given in the manner specified in the said section nineteen, not less than two weeks before the day named for the tinal revision, (o) 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 technical objections to do away with that enquiry :" Per Spragge, C, North York, 1874. The powers of the Revising Officer under s. 43,— to amend, — to give leave to amend, — to direct notice to other persons, — to adjourn hearings, — or applications to amend, — and not to be bound by the strict rules of evidence, or forms of procedure, — to hear and determine all matters so as " to do justice to all parties," — confer upon him a larger trust and area of judicial power than Paiiiament has considered it proper to confer upon Judges of higher tribunals. See further the notes to s.43, and (/«) to s. 36. (n) The notices are to be served as follows : (1) On the " Revising Officer" by (a) depositing with, or (6) maihng to, him by registered letter, at his office or place of address, a notice in form F. (2) On the " person whose name is objected to," by (a) delivering such notice to such person, or (6) mailing the same by registered letter to his last known post office address. See notes pp. 121 and 129. (o) The business to be transacted at the Revision Court is : to hear and dispose of any (1) objection, or (2) complaint, and any (3) application to [a] add to, [b] amend, or (c) correct, the list as in the preceeding section men- tioned. It may sometimes become a question how far the Revising Officer, at the final revision, can rehear a case decided by him at the preliminary revision. Where the same question has been once inquired into and judicially determined between the parties, it is res judicata, and the maxim "a man shall not be twice vexed for the same cause of action " applies : Broom's Legal MaximnSlQ. By the Imperial Act, 6 Vic. c. 18 s. 98, only an "express decision" of the Revising Barrister, on the validity or invalidity of any vote was appealable ; and these terms have received judicial interpretation in many cases. There must be a bona fide objection raised before the revising barrister to bring the case within the term "express decision :" Monmouth, K. & O. -12. The following ha\e been held to be " express decisions :" Where the parties wei-e present 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, and inserted the names in his own handwriting : Wareham, Wolf. & Dew 95. Where the decision of the Revising Barrister turned upon a preliminary point, as upon the validity of a notice of objeation : Bedford, P. & K. 117. "Inasmuch as the vote of G. S. did actually b';come the suh- i'ect of discussion before the Revising Barrister, that circumstance suffices to ►ring it within the jurisdiction of the Committee without determining whether the notice of objection was or was not perfect in form :" R'qjon, C. 8. 27.] The Electoral Franchise Act. 139- 27- At the time and place named in the notice of the Proceeding* Revising Officer, he shall hold open Court (p) for the said open court. & R. 292 ; s. c, P. & K. 204. Where the decision of the Revising Barrister was on an objection to the spelling of the voter's name, but it was not proved that he was objected to on any other ground : Oldham (Firth's Case), 1 O'M. & H. 155, Where a voter's name, duly objected to, was struck off by the Revising Barrister, owing to the non-attendance of such voter at the Revision Court : Ibid. {Hai-per's Case) 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 called to the fact that similar notices had been given in a great m.-.nv other cases, including B.'s case, but the names were not mentioned to him ; and he was not informed of the objection to B.'s vote : Jleld, an expresd decision, that after deciding on C.'s case it was not necessary to get a formal decision on B.'s case to bring it within the rule : Bewdley, {Bcucer's Case) 1 O'M. & H. 177. The following have been held not to be "express decisions:" Where two voters were ol)jected 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 : 1st Harwich, 1 P. R. k D. 303. See also Oldham, (IJestor's Case) 1 O'M. & H. 156. Where a voter had been objected to, and the Revising Barrister had decided to expunge the name, but by mistake it was retained : Huntingdon, [Oweri's Case) Wolf. & Dew 198. Where a voter's name had been struck off by the mistake of the Revising Barrister : Oldham, {Ogden's Case) 1 O'M. Sl H. 156. Where a voter's name had been struck off by the Revising Barrister, but the voter had received no notice of the objection against his vote : Ibid, {Lees's Case.) The Election Judge can only inquire into the cases on which the Revising Barrister has pronounced an express decision : CoveMry, I O'M. & H. 107. 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 were 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 he certified the lists in the usual way : Held, that as there had been no express decision, no objection to their votes could now be taken on an election petition, the register of voters beiiig conclusive evidence of their right to vote : Ryder Y.^ Hamilton, L. R. 4 C. P. 559. See fui'ther as to "express decisions :" Rogers on Elections, (10th ed.) pp. 547-550. The validity of a notice of complaint under R. S. 0. c. 9 s. 9, may be raised before the Judge after it has been received and entered by the clerk ; the clerk having no judicial duty to perform in respect of it : Re Simpson and the Judge of Lanark, 9 Ont. Pr. R. 358. (p) "Open Court." "A court is defined to be a place wherein justice is judicially administered :" 3 Co. Litt. 322. It is given by our law to the Judges not so much for their own sake as for the sake of the public, and for the advance- ment of justice, that being free from actions they may be free in thought, and independent in judgment, as all who are to administer justice oiight to 140 The Electoral Franchise Act. [s. 27. final revision, and shall hear and dispose of any objection Hearing. qj. complaint and any aj)plication to add to, amend or correct the list, as in the next preceding section mentioned, of which notice shall have been given as aforesaid, [q) hearing the parties making the same, if they appear, (r) and Evidence, any evidence that may be adduced before him in sup- be: Broom's Legal Maxims, 82, " Every private communication to a Judge, for the purpose of influencing his decision upon a matter publicly before him, is and ought to be reprobated. It is, of course, calculated, if tolerated, to divert the course of justice ; and is considered, and ought, more frequently than it is, to be treated as what it really is, — a high contempt of Court. It is too often excused on account of the station in life of the parties, and their supposed ignorance of what is due to a Court of Justice. If this was not intended as a private communication, why was it not brought before the Court in the usual manner, through the solicitor and counsel of the party, who alone can be recognized as representing him ? I have received assurances in the letter that nothing disrespectful to myself was intended by that com- munication. I never considered it in that light ; but as a Judge of the Court, against which the contempt has been committed, I am bound to express my high reprobation of the course pursued :" Per Lord Cottenham, L. C, in Re Dyce Sombre, 1 Mac. & Gor. 122. It will be a lesson to all inferior tril)unals to take care, not only that in their decrees they are not influenced by their personal interest ; but to avoid the appearance of labour- ing under such an influence : Per Lord Campbell, L. C. , in Dimes v. Orand Junction Canal Company, 3 H. L. Gas. 759. "It is an indispensable require- ment of justice that the party who has to decide shall hear both side eiving each an opportunity of hearing what is urged against him : " Per Erlb, C. J. , in Re Brook, 16 C. B. N. S. 416. See, further the notes to s. 43 post. {q) The service of all notices authorized by this section must be made " not less than two weeks before the day named for the final revision." This provision may also be construed as subject to the powers of amendment and adjournment vested in the Revising Officer by s. 43. But the statutory period for giving notices cannot be varied : See note (e) to s. 43. The validity of the notice of complaint under the Ontario Voters' List Act can be raised before the judge, after it has been received and entered by the clerk, who has no judicial duty to perform respecting it : Be Simpson and the Judge of Lanark, 9 Ont. Pr. R. 358. See note (o) p. 138. (r) In case the party objecting to persons on the list fails to appear, it is doubtful whether the Revising Officer could, under s. 44 post, award costs. In proceedings under statutes it is the settled rule that no costs can be awarded except such as an authorized by the particular Act. A proceeding under a statute is not a proceeding in an action : Re Charitt/ Schools of St. Dunstan, L. R. 12 Eq. 537. No one can be ordered to pay costs of an 27] The Electoral Franchise Act. Ul port of or in opposition thereto, («) and shall either affirm or amend the list accordingly, {t) as to him seems right 9""®"''°" "^'^ and proper, (w) attesting with his initials, any changes, ex parte application : Nokes v. Oibbon, 3 Jur. N. 8. 282. An appellant wrote to the respondent withdrawing the notice of appeal as irregular. The respondent applied ex parte for costs : Held, that notice of motion must be given : Re Oakioell Collieries, 7 Ch. D. 706. See note (i) to s. 44 pud. {s) See notes p. 130, and to s. 43 7>o.s^ An objector has a right by cross- examination, or by evidence, to question} the validity of a person's right to be registered ; and a clai.nant declining to submit to examination was properly rejected : Hoeifs Case, 5 Ir. C. L. (52. Where the claimant was sworn and examined touching his right, but on cross-examination, refused to answer, questions aliectiug the validity of his right to be registered as a voter, his claim was rejected by the Revising Barrister, and sucli rejection was affirmed on appeal : Disnei/s Case, 1 Ale. Keg. Ca. 118. The respon- dent's name appeared on the previous voters' list and on the current year's list. He was summoned by the objector, who proposed to examine him to prove that 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 the Revising Barrister so ruled : Held, reversing such ruling, that the respondent was bound to submit to such examination : Peterson v. Balfour, 10 Ir. C. L. 553. ' ' Suppose he had had a qualification, and had admitted to some person his having lost that qualification, can it be said that he ought not to be examined as to that point ?" Per Greene, B., Ibid. {t) Under the Imperial Act (41 & 42 Vic. c. 26, s. 28), the Revising Bar- rister has power to expunge the names of persons from the lists for various causes — whether objected to or not. But before expunging the names he is to causes such notice as he thinks necessary to be given to such persons. No similar independent power is given by this Act to the Revising Officers. See further notes (o), p. 138, and (h) to s. 33, post. [u) "As to him seems right and proper," or as s. 43 says " so as in his judgment to do justice to all parties. " " ' Discretion ' when applied to a Court of Justice mean* sound discretion guided by law. It must be governed by rule, not by humor ; it must not be arbitrary, vague, or fanciful, but legal and regular:" Per Lord Mansfield, C. J., in Rex v. IFi/A;es, 4 Burr. 2539. Judicial power, as contradistinguished from the power of the law, has no existence. When Courts are said to exercise a discretion it is a mere legal discretion to be exercised in discovering the course prescribed by the law ; and when that is discovered it is the duty of the Court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the Judge, but always for the purpose of giving etTect to the will of the Legislature, or in other words, to the will of the law : Osborne v. Bank of 142 The Electoral Franchise Act. [8. 28. Revising Officer to additions, or erasures in the list, {v) 28. The Revising Officer shall, for the purposes of the said preliminary revision of the first lists of voters and of ofl^court^of the final revision of the first lists of voters for polling dis- record. tricts, as well as for the revision of any subsequent lists of voters in polling districts under this Act, have all the powers of any Court of Record in the Province, {w) as to .j^ compelling the attendance and the examination of wit- nesses and nesses, the production of books and documents, and the evidence, &c. ^^jjij^g ^f evidence under oath before him, at any court the United States, 9 Wheat. 866. There is no Court whose discretion is not controlled by precedent and sound reason : Ai-g., Almon v. Fairbanks, 1 JIusa. & Ches. N. S. 418. See further note {p) p. 139, and the notes to s. 43. (v) By the Imperial Act 28 Vic. c. 36, s. 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 rej.ister have been issued by the Clerk of the Peace, and bear his name : Brumfitt v. Bremner, 9 C. B. N. S. 1. In this case, as late as two months after the statutory period, and before the signature of the proper officer, 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 inadverter *•' 7 caused the appearance 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: Ibid. 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 : Held, that the vote could be counted. Oldham (Ogden's Case), 1 O'M. & H. 156. So when the voter was struck off improperly, Ibid. See notes pp. 119, and 131, and note to s. 57. (lo) A Court of Record is that whereof the acts and judicial proceedings are enrolled for a perpetual memorial and testimony ; and are of such high and super-eminent authority that their truth cannot be called in question : 3 Stephen^s Black. 271. All Courts of Record are Courts of the Sovereign, in right of the Crown and royal dignity, and therefore every Court of Record has authority to fine and imprison for contempt of its authority committed in facie. Ibid. So that the very erection of a new jurisdiction, with the power of fine or imprisonment, makes it instantly a Court of Record : 3 Black. Com. 25. But every Court of Record has not necessarily a po./er to fine and imprison : Ibid n, citing 1 Sid. 145. Where an Act estaolishes a The Electoral Franchise Act. 143 or sittings held by him for any such preliminary or final revision, and shall have, generally, all the powers of a Court of Record, {x) 29. After the lists for the several polling districts in Copipsof an electoral district have been so completed, revised and to be sent to corrected, they shall be certified in the form C con- ^^ ^'*""'^ °^ tained in the schedule to this Act by the Revising Officer, chanc y. and kept by him for the purposes of this Act ; and a dupli- cate of each, certified as aforesaid, shall be transmitted Court for a particular jurisdiction, the true construction of it is that every- thing which is to be done under the authority of the Court is to clone within the jurisdiction of the Court, unless the Act either in express terms, or by necessary implication, enacts that it may be done elsewhere : Ex parte O'Loghlen, L. R. 6 Ch. 406. A Court of limited jurisdiction has no juris- diction beyond what the Legislature has given it : JRorke v. Erringtun, 7 H. L. Cas. 617. A want of jurisdiction cannot be 'cured by the assent of parties : Foster v. Uaherwood, 3 Ex. D. 3. Error lies at common law for some supposed mistake in the proceedings of a Court of Record : 3 Black. Com. 407. See note (m) to s. 36. {x) Every Court of Record has attached to its jurisdiction and centered in it the power to punish for contempt ; but if the Court is of inferior juris- diction a Superior Court may intervene and prevent any usurpation of jurisdiction by it, and if it treats conduct as a contempt, which there is no reasonable ground for so treating, may interfere to protect the party improperly punished : Ex parte Pater, 5 B. & S. 299, s. c. 10 L. T. N. S. 376. No person should be punished for contempt of Court, which is a criminal offence, unless the speciiic offence charged against him be distinctly stated, and an oppor- tunity of answering it given to him : Re Pollard, L. 1\. 2 P. C. 106, 120. When a barrister during the sitting of a County Court used words which the Judge considered were used to insult the Court ; on being told that unless he oflfered an apology he would be fined, to which he replied he had nothing to aay, and he was then adjudged guilty of a contempt of Court and lined : Held, on an apj^lication for a certiorari, that there was no excess of jurisdic- tion, and the Court would not interfere : Re Leett and the Judge of Carleton, 24 U. C. C. P. 214, " Striking in the King's Superior Courts of Justice in Westminster Hall, or at the Assizes, is made more penal than even in the King's palace :" 4 Black. Com, 125. The recital in a warrant of commitment that the party did wilfully insult the Judge during his sitting, is a direct adjudication that he had done so ; and it is not necessary to set forth in such warrant the nature of such insult : Letfy v. Aloylan, 10 C. B. 189. Where a Revising Barrister improperly ordered a perpon to be removed from his Court : Held, liable to an action : Willis v. Maclachlan, 1 Ex. D. 376. 1^ I'; 144 The Electoral Franchise Act. [s. 29, Clerk to pub- lish notice in Gazette and its effect, ex- cept incase of appeal. Proviso: as to ballots of persons 'Whose names are subjects of an undeci- ded appeal. forthwith by him to the Clerk of the Crown in Chancery at Ottawa, (y) who, on receipt of all tlio said lists for any electoral district, shall, in the then next issne of the Canada Gazette, insert a notice in the form H contained in the schedule to this Act, on and after the publication of which notice in the Canada Gazette, the persons whose names are entered on the said lists as voters, shall be held to be duly registered voters in and for such electoral dis- trict, subject to correction or amendment by the judgment on appeal as hereinafter mentioned : (z) Provided, how- ever, that in the event of any such appeal, such list after the publication of the last mentioned notice in the Canada Gazette, shall apply to every election for such electoral district, taking place before such appeal has been disposed of, or the result thereof communicated to the Revising Otficer ; but the ballot of any person whose name has been included in the certified list of voters, and is the subject of an undecided appeal, shall be numbered by the deputy returning officer, and a corresponding number shall be placed opposite his name, on the poll book ; (a) and upon the counting of the ballots, the ballots so num- bered shall be by the deputy returning officer separated from the ordinary ballots and returned to the proper offi- {y) By 31 & 32 Vic. c. 65, s. 37 (Imp.) the clerk, or other officer, having the charge of the register of voters is required to transmit to the Secretary of State every year, a printed copy of the register of voters in force in the constituency. (2) The publication of this notice in the Canada Gazette operates as a repeal of s, 40 of the Dominion ElectioixS Act, 1874, and as bringing into force this and s. 10 of this Act, within the electoral district named in the notice. See note (u) p. 106 ante. (a) The eflfect of this provision is to partially alter the clauses relating to secret voting provided by the Dominion Elections Act, and to introduce, as to the voters here referred to, the practice of numbering ballots provided for in the Imperial and Ontario Ballot Acts. By the scheme originally embodied in the Imperial Bill, it was proposed that the ballot should be entirely secret, without power of following the vote by means of a counterfoil. The House of Lords amended the bill by introducing the present system of counterfoils : Leigh <£• LeMarchant on Elections (4th ed.) 180. s. 30.] The Electoral Franchiae Act. 145 cer, sealed up at the same time as other ballots, to await the decision of such appeal ; — and if under such decision ''ffect of the the name of any such person shall be struck from the auch appeal, list of voters, the vote given by such person shall be ascertained from his ballot, and shall be struck from the poll upon a recount ; (6) and if any person whose name has been excluded from such certified list of voters, and whose exclusion is the subject of an undecided appeal, shall desire to vote, the deputy returning officer shall receive his ballot and shall number the same, and the name of the voter in the poll book, and keep separate such ballots, as hereinbefore provided ; and if upon such appeal, the decision of the Revising Officer shall be main- tained, the vote of such person may be ascertained and struck from the poll upon a recount ; and if an appeal Extension of respecting the vote of any person placed on the poll book count""^ ^^ under the provisions hereof, be not decided within the '^''^'" ^^^^• delay fixed by the existing election law for a recount, such delay shall be extended until six days after the deci- sion of the appeal. in cer- 30. The Revising Officer and the Clerk of the Crown in Copies of Chancery shall supply copies of such lists to any person or persons applying for the same and paying therefor at the same rate as is to be payable for copies of lists furnished Payment for under section sixteen, (c) lists. same. {!)) There is no provision directing how these votes are to be dealt with before the tribunal of appeal determines whether the parties referred to have the right to vote. But it would seem from the words "struck from the poll on a recount," that they should be counted with the other ballots. But if so counted, a difficulty will occur in carrying out the provisions of this section wheio^tlie Judge appealed to allow some of the votes and disallow others. On the recount, the poll-book, without which the ballots of the unqualified voters cannot be identified, is not required to be produced before the Judge. See as to a recount of ballots 41 Vic. c. 6, s. 14 (D.) amending the Dominion Elections Act, 1874. The action of a County Judge on a recount of election ballots, is not reviewable by a Superior Court : Be Venire Welling- ton, 44 I J. C. Q. B. 132. By the Imperial Act, 6 Vic. c. 18 s. 69, there is no incapacity to vote while an appeal is pending. Nor will the decision of any appeal, given pending the writ of election, affect the poll or the return. (c) See pp. 121, 122. 10 146 The Electoral Franchise Act, [s. 31. Lists finally corrected to be Talid until corrected on appeal or superseded by others. Binding on Election Court. Certified copies to returning officer. 31. After the lists of voters have been so finally revised, or amended and corrected on appeal and certified and brought into force as hereinbefore prescribed, and until other lists are, in a future year, under this Act as herein- after provided, made, revised, amended and corrected on appeal, and certified, and brought into force in their stead, those persons only whose names are entered upon such lists as so revised, amended and corrected, shall be entitled to vote at any election of a member of the House of Commons, in the polling sub-division and electoral dis- tricts for which such lists were respectively made ; and the said lists shall be binding on any Judge or other tribunal appointed for the trial of any ])etition complain- ing of an undue election or return of a member to serve in the House of Commons, {d) 32. The Revising Ofiicer shall also furnish to the return- ing officer for his electoral district, or such portion thereof as is within his a})pointment, within forty-eight hours after demand of the returning officer therefor, one copy of the list of voters then in force for each polling district in such electoral district, with a description of such polling district as contained in the order of the Revising Officer constituting the same, which list and copy of description shall be duly certified by the Revising Officer, (e) Revision of lists after FUTURE LISTS AND REVISION THEREOF. 33. On or ab soon as possible after the first day of January in each year after the year of Our Lord one (d) The register of voters for a Parliamentary Election is a document of such a public nature as to be admissible in evidence upon its mere produc- tion by the Returning Officer, and therefore an examined or a certified copy | of it is also^admissible ; Reed v. Lamb, 6 H. & N. 75. See notes p. 46 ante, (e) These copies are intended for the purposes of an election under the Dominion Elections Act, 1874. The above clause practically repeals the clauses in that Act directing the Returning Officer to obtain the voters' lists from the Registrar, Town Clerk, Clerk of the Peace, or such other officer as was by law the custodian of such lists. See also s. 4L%post, [s. 31. I «• 33.] The Electoral Franchise Act. 147 { revised, itied and »ncl until IS herein- 'ected on leir stead, pon such (6 entitled House of itoral dis- lade ; and I or other com])lain- jr to serve the return- ion thereof sight hours one copy of district in icli polling iing Officer description («) F. irst day of r Lord one document of nere produc- jertified copy | p. 46 ante. )n under the y repeals the I ■le voters' \\M other officer thousand eight hundred and eighty-six, the Revising Officer,i886 andpro- bein g duly sworn as hereinbefore provided, (/) shall therefw! obtain a certified copy, or certified copies, as the case may be, of the last revised or final assessment roll or rolls, if auy there be, in the electoral district or part of an elec- toral district for which he is apjiointed, and, where there are no assessment rolls, a certified copy oi- certified copies of the last revised list or lists of voters in such electoral district ; and with such copies and such other information as can be obtained, he shall proceed to revise the lists of voters then in force under this Act for such electoral dis- trict, [g) entering thereupon the names of all persons not Revising and already in such lists, and who, according to the provisions former'Hsts of this Act, are entitled to have their names so entered, indicating in the proper columns thereof whether they are contents of qualified in respect of real property as owners, tenants, revised liste, occupants, purchasers in occupation under the Crown, or cation, &c. of otherwise, and stating the number of the lotsj portions ot 'oters. lots and concessions, streets, or other available description of real property in respect of which they are qualified, and their post ofiice addresses as nearly as can be ascer- tained by the said Oflicer, — or as farmers' sons or other owners' sons as aforesaid, stating the number of the lots, portions of lots, concessions or streets or other available descriptions of the real property of their fathers or mothers in respect of which they are qualified as farmers' or other owners' sons as hereinbefore provided, or whether they are qualified in respect of income; — and as to the sons of farmers, or other owners' sons as aforesaid, and ' voters on income, stating also in such lists in the projjer column thereof the residence and post office addresses of such persons as nearly as can be ascertained by him, and • • noting on the said lists the names of any persons who are . . dead {h) or who are not, according to the provisions of this , . (/) See note (/i) p. 112 ante. {g) The * ' lists " mentioned in s. 29 ante. (h) This provision does not apply to the first list of voters propfired under ss. 15-29 (pp. 113 et seq.) The Revising Officer cannot, of his own uotion, expunge "11 'I 148 The Electoral Franchise Act. [s. 34. Initialing corrections and signing corrected liBtB. Rolls firima facie evi- dence of value. Publication of corrected lists. Act, entitled to be registered as voters, stating the reasons of such note, and making any other verbal or clerical cor- rections which seem necessary ; and he shall attest all such additions, erasures or corrections, with the initials, and sign such lists as such Revising Officer : Provided, that such assessment rolls as aforesaid shall be prima facie evidence of value. (*) 34. After the said lists of voters have been so prelim- inarily revised, the said Revising Officer shall publish and distribute them, and notice of the time and place fixed by him for the final revision thereof respectively, as nearly as may be, in the manner and form provided for in sections twenty-four and twenty-five, in respect of the final revision of the first lists of voters in polling districts under this Act. (i) Objections how made and dealt with. 35. The practice and requirements provided tor in sections twenty- six and twenty -seven, as to persons desir- ing to object to any name on the said first lists, or to add any name thereto, or otherwise to amend the same, shall apply to similar applications in reference to the lists to be prepared under the two sections next preceding, (k) the names of, persons who are dead, or who are not'entitled to be registered as voters, as may be done by a Revising Barrister under 6 Vic. c. 18, s. 40 (Imp.) The Revising Officer is to note his findings on the list, with "the reason of such note. " But his findings on questions of fact are to be made on "evidence" (ss. 27 and 35) ; and where the right to vote is impeached, on notice "to the person whose name is objected to ;" but the i^ct has not prescribed a^ procedure for expunging *- the names of persons who dead. '' ,re (i) See notes pp. 48, 50 aii'l (s) p. same as s. 15. (j) See notes pp. 72. This section is substantially the (h) This imports into the subsequent revisions of voters' lists the pro- cedure prescribed for the first revision under this Act. See notes to s. 24, et seq. [s. 34. s. 36.] The Electoral Franchise Act. 149 reasons cal cor- test all initials, I'ovided, na fade d tor in ons desir- or to add tme, shall ists to be registered 18, s. 40 with "the to be made impeached, kct has not s who f*re ntially the ;s the pro- 8. 24,ctseg. 36. At the time and place named in the notice required Court for a- under section thirty four, the Revising Officer shall hold onistB and open court {I) for the final revision of the list for each poll- proceedings ing district, and shall proceed, with the same powers as are assigned to the Revising Officer by section twenty- eight, as to the enforcing of the attendance of witnesses, the taking of evidence under oath, the enforcing of the production of books and papers, the adjournment of the court, and otherwise, — to hear the complaints, objections Powers of and applications made as hereinbefore provided, and the offlcer**^ evidence in reference thereto, and to decide thereupon, adding to, striking off, or otherwise amending or correct- ing the lists accordingly, and attesting every addition, correction or erasure, or other amendment in the lists, with his initials, in the manner provided in section twenty- seven in respect of the final revision of the first lists of voters in polling districts, (m) (I) The Registration Courts are not Courts of law or equity for the decision of legal rights bet^veen parties ; but are constituted for the determination of the right of parties to exercise high constitutional functions. The object of the Court is, to discover who are and who are not entitled to perform these functions, and to exercise these rights. The purpose of the Court is, to purify and make accurate the lists of persons who are to perform the func- tions of voting for persons who are to represent them in Parliament : Per Romilly, M. R., in Re Andrew, 17 Jur. 1145. (m) The Revising Officer has complete jurisdiction under this Act to judicially determine who are, and who are not, entitled to the franchise, as voters at Parliamentary elections. Where he is " also the Judge of any Court," there is no appeal from his decision on any question of fact, to any higher tribunal ; and his decisions on other questions can only be reviewed in the Superior Courts by proceedings in the nature of applications for the Writs of Gertiorqri, Mandamus, or Prohibition. The Superior Courts, have a general superintendence over all inferior Courts, to see that r functions are restrained within, or are fulfilled according to, the laws ana stated rules by which their subordinate jurisdiction is confinec^ and circumscribed ; and they may, under their common law or statutory powers, restrain or regulate the jurisdiction of such inferior Courts. Certiorari : TI^? writ of certiorari lies to remove from the lower Courts, which are created and regulated by statute merely, their proceedings for the purposes of revision ; and to com- plete the proceedings when the lower Court refuses to do so upon erroneous grounds. It does not lie to enable a Superior Court jo revise a decision upon matters of fact ; uor matters resting in the discretion of the Judge of the 150 The Electoi'al Franchise Act. [s. 37. Certifying 37. After the lists in the several polling districts in an transmfssion electoral district have been so completed, revised and cor- to Clerk of rected, they shall be certified in the form C contained in in Chancery, the schedule to this Act by the Revising Officer, and kept by him for the ])urposes of this Act ; and a duplicate of inferior Court ; nor where the errors complained of are formal merely, and not substantial. It is granted or refused in the discretion of the Superior Court : 1 Bouvier's Law Diet. 295. Where 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 the inferior Court to send the proceedings before it, up thither, that it may be seen whether it confines itself to its jurisdiction, which, if it exceeds, that Court may correct : Grenville v. College of Physicians, 12 Mod. 386, s. c, siih nom. Groenvelt v. Btirtvell, 1 Ld. Eaym. 454. Although an Act may provide that no certiorari, or any appeal whatsoever, should be allowed, a certiorari may be had where there is an absence of jurisdiction, or where a conviction on its face is defective, but not otherwise : Re Watts, 5 Out. Pr. R. 267. Certiorari lies to remove the proceedings of any jurisdiction created by Act of Parliament : Bey. v. Glamorijanshire, 12 Mod. 40.3, s. c. , 1 Ld. llaym. 580. And to review a by-law of a municipal board regulating the fees to be paid for shop and tavei'n licenses : Re Richardson and the Police ComntU- sioners of Toronto, 38 U. C. Q. B. 621. It also lies to review the legislative acts of Corporations : State v. Newark, 1 Dutcher 396. And to insure a fair and impartial trial : Rep. v. Palmer, 5 E. & B. 1024. Mandamus is a judicial process or remedy, and extends to the control of all inferior tribunals, corporations, and public officers. It is always granted where there is no other specific legal remedy : Rex v. W'?/?k//<«»j, Cowp. 377. It may be issued against a party for a matter in respect of which he is liable to an action, or to a suit in equity : Retf. v. Southamjdon, 1 B. & S. 5. When a new right has been created by Act of Parliament, the proper method of enforcing it, is by mandamus at common law : Sirnpson v: Scottish Union, tt-c. Company, 1 Hem. & Mil. G18. It lies to admit a Presbyterian dissenting teacher to a meeting house : Rex v. Barker, 3 Burr. 1265. " It was introduced to prevent disorder from a failure of justice, and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where, in justice and good government, there ought to be one :" Per Lord Mansfield, C.J. , Jhid. 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 incon- venience 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 viandanws : Per Lord Campbell, C. J., in Reg. v. Mayor of Rochester, 7 E. & B. 924. The Court will grant a mandamus to a County Judge, directing him to inquire into and decide under the Ontario Voters' List Act, whether the name of a voter is improperly omitted from the Voters' List, or whether one Serson's name should be struck out, and another's inserted in lieu thereof : 'c McCulloch and the Judge of Leeds and Grenville, 35 U. C. Q. B. 449. 8. 37.] The Electoral Franchise Act. 151 each, certified as aforesaid, shall be transmitted forthwith by him to the Clerk of the Crown in Chancery at Ottawa, Notice in who, on receipt of all the said lists for any electoral dis- Oatette aDd trict, shall, in the then next issue of the Canada Gazette, insert a notice in the form H contained in the schedule to this Act, — on and after the publication of which notice in the Canada Gazette, the persons whose names are entered on the said lists as voters, shall be held to be duly registered voters in and for such electoral district, subject to correction or amendment by the judgment on appeal Though the Judge's decision in regard to the right of the person to vote is, under the statute, final : Rt Parsons and Toms, 36 U.C. Q. B. 88. But it will not be granted to compel a County Judge to proceed with a recount of election ballots as such, jurisdiction belongs to Parliament : Re Centre Welling- ton, 44 U. 0. Q. B. 132. A registering officer may be required by manda- mus to register the names of voters who are properly entitled to vote : Davles v. McKeehy, 5 Nev. 369. Prohibition : The writ of prohibition lies to an inferior Court having a limited statutory' jurisdiction from which there is no appeal, or writ of error : Thompson v. Imjham, 14 Q. B. 710 ; s. c, 14 Jur. 429. It may be issued where, having jurisdiction, the Court has attempted to proceed by rules differing from those which ought to be observed, or where, by the exercise of its jurisdiction, the inferior Court would defeat a legal right. As compared with the remedy by mandamus prohibition may be said to be its counterpart ; since mandamus is an affinn- ative remedy, commanding things to be done, while prohibition is negative in its nature, and forbids the doing of things which ought not to be done : Hicjh on Extra. Remedies, 604. It issues only to prevent the commission of a future act, and not to undo an act already performed : Ibid. 606. It does not lie to prevent a subordinate Court from deciding erroneously in a case in which it has a right to adjudicate ; but the party aggrieved may pursue the ordinary remedies for the correction of errors, such as the writ of error or certiorari: Ibid. 613. Nor does it lie for the trangression of a rule of prac- tice : Fee v. Mcllhargey, 9 Ont. Pr. R. 329. " It must be fully borne in mind that, in the words of the section, ' the decision of the Judge under this [Voters' List] Act in regard to the right of any person to vote, shall be final as regards sucli person.' There is no appeal from his decision provided by the statutes. All the Superior Courts can do is to see that the Judge obeys the law. They can prohibit his proceeding if such proceeding be against the law ; and can direct him to proceed to perform any statuable duty imposed on him :" Per Hagarty, C. J. , in Re Parsons and Toms and the Voters' List of Goderich, 36 U. C. Q, B. 91. Prohibition may issue to prevent a County Judge setting aside voters' lists certified by a Judge under a certificate of the municipal clerk, which duly certified the posting in his office, but falsely certified the sending of copies of the lists to the persons named in the statute : He L'Orignal Voters' Lists, 9 Ont. Pr. R. 425. w n laR!*! jTf ■ 152 The Elector cd Franchise Act. [s. 38. ProTiBo : as as hereinafter mentioned : Provided however, that in ^Mwns'" "' *^® event of any such appeal, such lists after the publica- whose right tion of the last mentioned notice in the Canada Gazette, appeal shall apply to every election for such electoral district, taking place before such appeal has been disposed of or the result thereof communicated to the Revising Officer ; but the ballot of any peraon whose name has been included in the certified list of voters and is the subject of an undecided appeal, shall be numbered by the deputy returning officer, and a corresponding number shall be placed opposite his name on the poll book ; and upon the counting of the ballots, the ballots so numbered shall be, by the deputy returning officer, separated from the ordin- ary ballots and returned to the proper officer sealed up, at the same time as other ballots, to await the decision of such appeal ; — and if under such decision the name of any such person shall be struck from the list of voters, the vote given by such person shall be ascertained from his ballot and shall be struck from the poll upon a recount j and if any person whose name has been excluded from such certified list of voters, and whose exclusion is the subject of an undecided appeal, shall desire to vote, the deputy returning officer shall receive his ballot and shall number the same and the name of the voter in the poll book, and keep separate such ballots as hereinbefore pro- vided ; and if, upon such appeal, the decision of the Revis- ing Officer shall be maintained, the vote of such person may be ascertained and struck from the poll upon a recount ; (n) — and if an appeal respecting the vote of any ' .. person placed on the poll book under the provisions here- of be not decided within the delay fixed by the existing Extension of election law for a recount, such delay shall be extended count.*"^ "^^ until six days after the decision of the appeal. Copies of 38. The Revising Officer and the Clerk of the C'''>wn in toinab^e[ °^ Chancery shall supply copies of the said lists to aiiy person or persons applying for the same, and paying therefor at (n) See note p. 145. (0) ip 8. 39.] The Electoral Franchise Act. 153 the rate payable for copies of lists furnished under section sixteen, (o) 39. After the lists of voters have been so finally Effect of revised, or amended and corrected on appeal, and certified unV^ alter, and brought into force na hereinbefore prescribed, and edonappe«a until other lists are, in a future year, as herein provided, ed by others, made, revised, amended and corrected on appeal and certified, and brought into force in their stead, those persons only whose names are entered upon such lists as 80 revised, amended and corrected, shall be entitled to vote at any election of a member of the House of Com- mons, in the polling districts and electoral districts for which such lists were respectively made ; and the said Binding on lists shall be binding on any Judge or other tribunal courts." ai)pointed for the trial of any petition complaining of an undue election or return of a member to serve in the House of Commons, {p) , 40. The Revising Officer shall also furnish to the returning officer for his electoral district, within forty- eight hours after demand of the returning officer therefor, one copy of the list of voters then in force for each poll- ing district in the electoral district, with a description of the said polling district as contained in the order of the Revising Officer constituting the same, and then in force, — which list and copy of description shall be duly certified by the Revising Officer ; {q) and a copy of the said list of voters for each polling district shall be furnished by the returning officer to the deputy returning officer for such polling district ; and such list shall be kept by the poll clerk, who shall use the same for the pui'poses of " Tlie Dominion Elections Act, 1874." (r) Reviaing officer to furnish lists to returning officers. And the or- der consti- tuting poll- ing districts. Lists for D. R. 0. I!RbI!i (o) See s. 16 on pp. 120-122 (p See pp. 46 and 146. * ((/) This is similar to s. 32 ante p. 146. (r) This direction is not appended to s. 32 ante : but it is substantially the same as that contained in s. 28 subs. 2, of the Dominion Elections Act, 1874. See further ss. 31 and 46. 154 The Electoral Franchise Act. [s. 41. Alteration of polling districts on increase of voters- And also from time to time. To publish order. New lists according to new districts 41. Whenever the number of voters in any polling district, as constituted under section twenty-one, shall increase so as to exceed two hundred, or whenever the Revising Officer then in office considers that the conveni- ence of the voters would be promoted by a new and dif- ferent sub-division, he shall, before proceeding to make the new lists of voters then next required under this Act, again sub-divide any city, town, ward, parish, township or townships, or other municipal or corresponding divi- sion (or any tract of land, where there is no municipal division), in which such polling district is situ.ite, into polling districts, in like manner as hereinbefore provided, so as to conform to the intent and meaning of this Act, and so again from time to time as like occasion shall require, (s) using on all occasions after the first revision thereof, the then last revised and corrected lists of voters for that purpose ; (t) and the Revising Officer, after making such sub-division by an order in the form pre- scribed in section twenty -one, shall publish sucli order by posting up, in some public place in each polling district, a copy thereof certified by him ; and the Revising Officer shall use such amended polling districts in preparing the new lists of voters, which shall be revised and corrected as provided with respect to the polling districts first con- stituted by him. (u). GENERAL PROVISIONS. miA"o *2. The Revising Officer shall, on the application of issue s'am- any person supporting or opposing any objection, claim (s) This alteration of the polling districts can only be made " before proceeding to make the new lists of voters then next required." {t) The observance of this direction may lead to inconvenience , for until the preliminary revision has taken place, it may not be possible tor the Revis- ing Officer to determine whether " the convenience of the voters would be promoted by a new and different subdixasion " of the polling districts. {u) The new lists are to be of those persons who are qualified to vote within the new polling district divisions. See p. 132. [s- 41. I s. 42.] Tite Electoral Franchise Act. 155- polling le, shall ever the conveni- and dif- iiake the :his Act, township .ing divi- mnicipal lite, into provided, this Act, ion shall b revision of voters ;er, after form pre- order by district, a iig OflBcer aring the corrected first con- ication of ion, claim de "before e , for until r the Revis- rs would be ;ricta. led to vote or proposed amendment to a list of voters at any of the monoes for courts or sittings for preliminary or final revision under inddolfu- this Act, issue a summons in the form J in the schedule nienta. to this Act contained, to any person to attend at such court or sittings, and, if required, to produce any books or papers in the possession or power of such person, and to give evidence thereat relating to any matter connected with any such revision ; {v) and in the event of such person not attending after being served with such summons, {w) the Revising Officer may jjunish such person as for a con- conteuipt.' tempt of a Court of Record : {x) Provided, however, that ((') This is the only clause empowering the Revising Officer to summon witnesses to give evidence before him. The summons can only issue "on tiie application of any person supporting or opposing any objection, claim or proposed amendment to a list of voters." Any number of names may be included in the summons. See notes (ij) p. 124, and [k) p. 136. (w) The original writ of subpoena must be shown to the witness at the time of the service, or an attachment will not lie : WcuLnvorth v. Marshall, 3 Tyr. 228. The service must be personal upon the witness, and must be served a reasonable time before the trial. The witness has perhaps a reasonable time after the service has been effected to inspect the subpoena ; 1 Ch. Arch. (10 ed.) 329, 335. Difficulty in serving a subpoena will not dispense with the personal service unless it is sworn that the witness keeps out of the way to avoid personal service : Barnes v. Williams, 1 Dowl. P. C. 615. Whether a subpoena has been served in reasonable time is a matter for the Court. Service on a person living close to the place of trial at half- past eleven o'clock in the forenoon for a cause called at two o'clock in the afternoon is not suffi- cient : Barber v. Wood, 2 M. & Rob. 172. Where a person was served at twelve o'clock while standing on the steps of the court house, and was told the trial would come on the same day, which it did at five o'clock, the service was held to be sufficient : Maunsell v. Ainsioorth, 8 Dowl. P. C. 869. See also note (j) p. 126, ante, and Imp. Act. 1878, c. 16, s. 36. {i:) The affidavit for the attachment must distinctly show all that is requisite to bring the party into contempt : Garden v. Cresswell, 2 M. & W. 319. It must be made out to the satisfaction of the Court that his non- attendance or neglect to produce the documents was the result of a contempt- uous disregard of the process of the Court : Reg. v. Lord John Russell, 7 Bowl. P. C. 693. An attachment will not be issued if the copy of the sub- poena served varies from the original in any material degree : Doe dem. Clarke v. Thomson, 9 Dowl. P. C. 948. In answer to the motion to commit the party may make his excuse : 1 Ch. Arch. (10 ed.) 336. See further Sinclair's Division Court Acts, 123, 125 ; and notes {m) 128, (c), p. 158. 156 The Electm'al Franchise Act. [8. 43. Proviso: wit- no such person shall be compelled to attend under any belendor^. such summons unless the witness' fees allowed in the Pro- vince of Quebec in the Superior Court, in the Province ' of Ontario in the Division Court, {y) and in the other Provinces of the Dominion in the County or Division Court, shall have first been paid or tendered to such person. (») Bevising 43- The Judge or Revising Officer shall have power at power of ^^^y t!Ourt or sitting held under this Act by him, to amend amendment or give leave to amend, (a) when he sees fit, any of the (y) The witness fees allowed in the Division Court are : Attendance per day iu Court, seventy-five cents, and ten cents per mile travelling expenses one way ; but if he travels by railway or other public conveyance, then the ordinary fare, instead of mileage, is to be allowed. See Sinclair's Division Court Acta, 279, (z) An attachment against a witness will not be granted when the conduct money has not been paid or tendered : Newton v. Harland, 1 M. A' Gr. 956. (a) The legislative directions as to amendments in the Supreme Oourt of Canada are contained in 43 Vic. c. 34 (D.), and provide that upon tlie appli- cation of f ly of the parties, or without any such application, th*^ Court may make all t jch amendments as may be necessary for the purpose of determining the appeals, or the real question in controversy between the parties ; and whether the necessity for the amendment is or is not occasioned by the defect, error, act, default, or neglect of the party applying to amend. Ontario: A similar provision is contamcd in R. S. 0. c. 49, s. 8 ; c. 50, s. 270 ; and is applic- able to the Court of Appeal by R. S. O. c. 38, s. 22. Set Oilleland v. Wadaworth, 1 App. R. 82 ; McManus v. McManus, 24 Gr. 118. And by the Ont. Jud. Act, 1881, r. 178, the Court maj'' allow either party such amendments as may be necessary for determining the real questions in controversy between them. Quebec : The Court may allow any pleading to be amended so as to agree with the facts proved, if the other party has not been led into error as to the real nature of the facts intended to be alleged and proved : Code Civil Proccd. L. a, 8. 320. Nova Scotia: By R. S. N. S. c. 94, s. 191, the Court may amend all defects and errors in any proceedings in civil cases, whether the defect or error be that of the party or not. And by the N. S. Jud. Act, 1884, r. 183, technical objections are not allowed ; and by r. 260 the Court may, at any stage of the proceedings, allow either party to alter or amend his pleadings, as may be necessary for determining the real questions in contro- versy between the parties. New Brunswick: 0. S. N. B. c. 37, ss. 161-163. The Court, instead of amending, may direct the jury to find the facts " according .to the evidence ;" and if the variance on the record is immaterial, iray "give s. 43. J The Electoral Franchise Act. 157 proceedings taken in reference to any list of voters, [h) ^ expenses judgment according to the very right and justice of the case." Manitoba :■■ C. S. M. c. 34, ss. 230-232. No proceeding is to be vitiated for want of, or defect in, form ; but all defects in form may, at any time when discovered, be corrected. In addition to the cases in notes (o) and (p) pp. 116, 117, avte, the following, though decisions on the power of the Revising I'arrister ta amend the lists, may be cited as illustrating the Revising OflBcer's power to amend incorrect or irregular notices : Where a voter's qualification was not sufficient for identification : Held, amendable : Howitt v. Slephevs, 5 C. B. N. S. 30. Where the description was *' dwelling house," instead of " house:" Held, amendable by striking out "dwelling:" Toimnend v. Marylehone, L. R. 7 C P. 143. Where an occupier claimed a qualitication for a " house :" Held, amendable by adding '* occupier of :" Ford v. Boon, Ibid. 150. Where the description describes that which may or may not be a qualification, the Court will not be astute to give it the latter eflect : Sherwin v. Whyman, L. R. 9 C. P. 243. Where it is a misdescription, it is not amendable : Nicholls v. Bidioer, L. R. 6 C. P. 281. "With regard to the power of amendment, I am much indisposed to construe it so as to encourage laxity ; but I think it would make it almost nugatory to hold that the Revising Barrister had not power to amend or correct mistakes. I am well aware of the strong feelings v/hich are excited in matters of this sort. Unless kept under proper restraint, the agents on both sides will be apt to fall into a degree of laxity which I for one do not feel inclined to encourage:" Per Lord Coleridge, C. J., in Dollen v. Sonthall, 15 Q. B. D. 466. The intention of the Act of Parliament must have been that the power of amendment should be as large as is consistent with ordinary rules of construction, and as is consistent with a rule which I ventured to enunci- ate, namely, — that the balance is to be held fairly between an objector and a person claiming to vote : Per Lord Pusher j M. R. , in Dashicood v. Ayles, 16 Q. B. D. 298. In cases where the lapse of time will bar the right, the Court will amend : Cowbnrn v. Wearing, 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 Limita- tions : Horton v. Stamford, 3 Tyr. 869 ; or where the plaintiff's remedy would otherwise be entirely lost : Partridge x. Wellhanh, 1 M. & W. 316. " My practice has always been to give leave to amend unless satisfied that the party ajiplying was acting malajide ; or that by his blunder, he has done some injury to his opponent which could not be compensated for by costs or otherwise :" *Per Bi cimwell. L.J,, in Tildesley v. Harper, 10 Ch. D. 393. (b) So that by the proper exercise of the jurisdiction here conferred upon the Revising Officer, the right to vote shall be given to all those who are entitled to it under the provisions of this Act. Our laws treat the elective franchise as a sacred trust committed only to that portion of the citizens who come up to the prescribed standards of qualifica- tion ; and to be exercised by them at the time and place, and in the manner pre-arranged by public law and proclamations ; and whilst, being so exercis'^d, is to be guarded, down to the instant of its final I'll 1^)1 158 The Electoral Franchise Act. [s. 43. mi.nt^""'^'^ to direct notice to be given to other personSj (o) and to adjourn any court or sittings, {d) on the hearing of any ment. consummation, by magistrates, and officers, and oaths and penalties : Chase v. Miller, 41 Penn. St. 403. It must be manifest to every Court in this country that this statute [Imp. Fx'anchise Act 1867] must have been discussed and settled in almost every clause by persons having different views of the most earnest kind ; and that the best way for the Court to hold a strictly even balance is to follow as nearly as possible the words used in each clause of every section of the Act : Per Brett, J., in Cull v. Austin, L. R. 7 C. P. 235. In construing an Act regulating the franchise, the rule of con- struction is, — not that whenever a doubt arises as to a voter's right, the Court should decide in favour of the vote ; but the rule is, — the intention of the Legislature as appearing in the language used in the Act : Kearney's Case, Ale. Keg. Ca. 22. The intention of the Legislature must be ascertained from the words of a statute, and not from any general inferences to be drawn from the nature of the objects dealt with by the statute : Fordyce v. Bridyes, 1 H. L. Gas. 1, s. c. 11 Jur. 157, The language of a statute taken in its plain ordinary sense, and not its policy, or supposed intention, is the safer guide in construing its enactments : Philpott v. St. George's Hoxpital, 6 H. L. Caa. 338, s. c. 3 Jur. N. S. 1269. It is a most mischievous doctrine to upliold that a remedial statute should in every case be construed liberally ; because no standard exists by which the extent of such liberality may be assayed What one considers liberal, another may consider illiberal, and thus the door would be opened to the most absurd interpretations : 1 Stephens on Elections 719. (c) That is to such other persons as may have rights of franchise which are aflfectad by the pro^jedings before the Kevising Officer, but in respect of which they have had no notice. Where a person is entitled to rights in two different capacities, if he be made a party to an action distinctly in one capacity, he may not be bound as to his rights in another capacity : Crooh V. Watkins, 8 Gr. 340. * ' In all cases where a party is to be affected in person or property, by anything analogous to a judicial proceeding, the Courts, unless shut out from doing so by the most absolute and unequivocal words, invariably apply the sound rule of English law that no man shall be condemned unheard. So far, indeed, has this doctrine been extended that, in cases where a statute has been entirely silent on the subject of notice, the Courts have felt justified in implying it as a condition precedent :" Ptr Strong, J., in Nicholls v Camming, 1 S. C. R, 428. {d) A Revising Barrister at the close of a sitting rose, without adjourning his court to a future day ; but afterwards by letter he appointed a day for a further sitting beyond the time allowed by the Act, at which sitting a list of voters was produced, which, on no objections being made, he added to the regis r. On a scrutiny, all the voters on such list were struck off the noil : Sha/icihury, Fal. & Fitz. 374. If there is an irregularity in the proceedings under which the voters have been registered, such irregularity will be iuves- 43.] The Electoral Franchise Act. 159 claim or objection or proposed amendment, to a future day ; and he shall not be bound by strict rules of evidence, (e) Not bound or forms of procedure, (/) but shall hear and determine rules of evi- all matters coming before him, as such Judge or Revising ^^'V^^ ?^^ Officer, in a summary manner, and so as in his judgment to do justice to all parties, {y) tigated : Cork, K. & 0. 279. The irregular holding of Revising Barristers' Courts has been held to vitiate the votes registered thereat : Rogers on EleC' tiovs, (10th ed.) 541. See furthurnote (m) p. 149 ante. (e) " He shall not be bound by strict rules of evidence." It is not easy to give a legal commentary on this expression. It may be contended that the strict rules of evidence, exclude secondary evidence, until a foundation is laiil for giving it ; hearsay evidence, because the informant of the witness can- not be subjected to the oath, or to cross-examination ; evidence contradicting or varying a written instrument ; evidence of a writing required by the Statute of Frauds ; evidence excluded on grounds of public policy, &c. From what occurred during the discussion on this clause in the House of Commons (Com. Debs. (1885) v. 3 2351-2354,) it may be inferred that it was intended to relax the rules excluding secondary evidence ; and it would therefore have been more accurate to have made the clause read as allowing the Kevising Officer to waive the rules of law respecting primary evidence. The ordinary rule is that " the best evidence of which the case in its nature is susceptible, must always be produced :" Taylor on Evidence, 187. Primary evidence is the best, or it is that kind of proof which, in the eye of the law, affords the greatest certainty of the fact in question. Until it is shown tl;at the pro- auction of this evidence is out of the party's power, no other proof of the fact is in general admitted. All evidence falling short of this in its degree is termed secondary : Ihid, 357. When inadmissible evidence is received at the trial without objection, the opposite party cannot afterwards object to its having been received : Ibid, 1492. In the case of an appeal the Judge is required to hear " legal evidence," which would exclude other than primary evidence, unless a proper foundation was laid for such other evidence. See note (?/) p. 165, s. 50 post. (/) This is supplementary to the power given to the Revising Officer to amend any of the proceedings taken in reference to any list of voters, and it also relieves him from a strict construction of, or adherence to, the forms given in the Act. But this power can scarcely be construed to authorize a variation of the periods of time for notices or other proceedings prescribed by the Act. It may be noted here that a paragraph in the original Bill author- izing the Revising Officer "to dispense with any notices hereinbefore required to be given," was struck out in committee. (.7) " Justice, " as known to the law, and not "substant'al justice" as known only to the Judges, is what the Courts are bound to administer : 2 160 The Electoral Franchise Act. [s. 44. Applicants may appear by counsel. Costs. 44. The parties to any application before any J udge or Revising Officer may appear by agent, solicitor or coun- sel ; and any elector may appear, in person or by agent, {h) at any sitting of the Revising Officer in the elec- toral district in which he is such elector in support of or in opposition to any claim, objection or application aiis- ing before such Revising Officer ; and the Revising Officer may award costs (i) to or against any party in the case, which costs shall only be for witnesses' fees and the expenses Manitoba Law Journal., 115." We are only^entrusted to administer justice with- in certain limits. We cannot overstep our jurisdiction for the purpose ot doing what is called substantial justice :" Per Maule, J., in Freeman v. Tranah, 12 C. B. 411. " There is no Court in England which is entrusted with the power of administering justice without restraint of law :" Uml., 413. I am not conscious of the vulgar desire to elevate myself or the Court of which I may be a member ; 1 will endeavour to be ever valiant in preserving and handing down those powers to do justice, and to maintain truth, which, for the common good, the law has entnisted to the Judges : Per Willes, J., in Ex parte Fernandez, 10 C. B. N, 8. 50 See also, note (t() p. 141 ante. (h\ The words "the parties to any application," do not give much aid in the construction of the expression "any person," used in ss. 19 and 26; and especially as this clause makes a difference as to the representation of such "parties," and "any elector." See notes (y) p. 124 and (k) p. l^Qante. (i) Costa are usually given when the case is so clear that the Court does not call upon the other side: Allen v. House, 7 M. & Gr. 157 ; Pa-mntj/iaviv. Pitty, 17 C. B. 315. But where there is a reasonably fit ca^^ for argument, the Court will not give costs : Croucher v. Broione, 2C. B. 97 ; Collier v. Kin prescribed 509. Whea as well be llowing it to i itself, Oi in the Legisla- limited than was that if But when McLean, idiate steps, 18 directory e, would not )if V. (Inited iwing to the le time fixed ;ment, there \.ct : Rex V. iut overseers nhabitani -/ Michaeluias ,th October : g the enact- e'lce.ster, 7 B. the aeasions 59. At any election that may be held in any electoral Lists :o be district before the lists of voters under this Act shall Snat«.i™ have been finally revised and certified under this Act, the «on. lists of voters for the previous year shall be used : Pro- vided, that in the case of any election before the final revision and publication of the certificate of the first list provided for by this Act, the list of voters that would provi&o: s« have been used if this Act had not been passed shall be to first lisu. used at such election. 60. Section fifty-three of ''The Dominion Elections ^^Ji'Xo^' Act, 1874," shall apply to the case of an elector in whose apply, name another person has vot d, provided the elector per- sonated takes the oath in the schedule P to the said Act, mutatis mutandis. 61. Every person who in any oath or affirmation Perjury, taken or made under this Act, wilfully swears or falsely affirms shall be deemed guilty of wilful and cor- rupt perjury. 62. Every officer or person who is by law the custodian Copiegofcer- of any assessment roll, or list of voters, or of any other bt^"furni8heci list or document, which under, the foregoing provisions of to Revising . . . o o I ^ Officer this Act, the Revising Officer is required to obtain and use for the purpose of preparing any list of voters, or of should be holden at no other time but that specified, we might give that effect to the statute ; but the words used being only affirmative, I think tl»d authority of Lord Hale (Hale's P. C. 50) is sufficient to warrant us in saying that the statute is merely directory, and that we cannot hold that the pro- ceedings at the sessions in question, were all coram non judice: Per Lord Tenterden, C. ?., J bid. " The d stinction between directory and imperative statutes has been long known ; an early instance in which it was taken, is the case of Bex v. Sparroio (supra) as to the time of choosing overseers. I understand the distinction to be that a clause is directory when the pro- visions contain mere matter of direction and nothing more, but not when they are followed by such words as that anything done contrary to such provisions shall be null and void to all intents :" Per Taunton, J., in Pearce V. Morrice, 2 A. & E. 96. When a statute is merely directory a thing omitted to be done at the proper time may be allowed afterwards : Rex v. Loxdale, 1 Burr. 445, v.i ■'Vi' J'lM :'■$ ' Ai pm mwm'^.t.>^:&iisjB!Si 1172 The Electoral Franchise Act. [s. 63. Penalty for ■ default. any duplicate or duly ce^ ied copy thereof, shall furnish the same, or a certified copy or copies thereof to the Revising Officer, as by him required ; and any such ofticer or person refusing or omitting to furnish the same to the Revising Officer within a reasonable time, (e) upon being paid or tendered the cost of preparing the same according to the law in force in the Province, shall, for each such refusal or omission, be held to be guilty of a misdemeanor and shall be punishable accordingly. Penalty for g3. Every person appointed to any office or position under this under this Act, or required by this Act to do any matter ■^°'- or thing, shall, for every wilful misfeasance or wilful actof commissionoromission contrary tothisAct, (/)forfeit (e) As to what is a "reasonable time " see notes pp. 115 and 126. (/") In an action against a registration officer (overseer) for a penalty for wilfully inserting the names of certain persons on the list who were not entitled to vote, it is not essential that such officer should have acted from a corrupt motive ; it is sufficient if he has disobeyed wilfully the provisions of the Act : Tarr v. McQahey, 7 Car. & P. 389. In charging the jury in this case the learned Judge said : "With respect to confusion occurring in the making out of the list, I confess I do not 8ee the slightest occasion for any. It is like a complicated machine, which confuses at a single view, but may not be at all complex in its details. It is true that only three instances are selected out of a long list of names ; but there is distinct evidence that the defendant disregarded the notice given to him by the witnesses, that these three persons had no right to vote. It is the duty of the overseer to make out the list ; and he may ask such questions as he pleases of the collectors of assessed taxes, to enable him to do so. But if his notice is distinctly drawn to particular names, he has the opportunity of correcting his list at the time ; and he is bound to do so. The names were introduced impro- perly :" Per Lord Denman, C. J., Ihid. The jury found a verdict for the plaintiffs £50. The introduction of the term "wilful" would imply a request ; for unless a person has been requested, and has refused to act, I do not cleirly see how his neglect could be \\'ilful : Per Williams, J., in King V. Burreli, 4 Jur. 1111. In an action against municipal officers by an indi- vidual who is liable to taxation, for their omission to tax him, whereby he loses his right to vote, it must be shewn that they omitted to tax him wilfully, or with design to deprive him of his vote ; or t'aat they had such actual knowledge of his liability to taxation that a wilful omission to tax him may be reasonably inferred: Griffin v. Rising, 11 Mete. 339. An information auainst municipal officers for refusing to put a voter's name on the list should .allege that th'^v knew of his right to vote : Slate v. Daniels, 44 N. H, 383. [s. 63. I s. 64.] The Electoral Franchise Act. 173. 11 furnish lof to the ich ofticer me to the pon being according each such demeanor r position my matter or wilful (/) forfeit 26. penalty for 3 were not acted from 5 provisiona the jury in )ccurring in lion for any. w, but may stancea are ce that the that these 3er to make ,e collectors 3 distinctly hia list at loed impro- ■diet for the d imply a to act, 1 do ., in King by an indi- whereby he im wilfully, such actual IX him niay information B list should N. H. 383. to any person so aggrieved, the peual sum of five hundred dollars, or such leas sum as the jury or judge, when the case by the law of the Province is triable without a jury, before whom any action to be brought for the recovery of the before menitioned sum may be tried, shall consider just to be paid to such party ; and the same shall be recov- erable by such party with full costs of suit, by action for debt in any court of competent jurisdiction: Provided P'o^'so : «» always, that nothing herein contained shall be construed medies. to interfere with any other remedy, civil or criminal, against such person. 64. Every person who is an agent within the meaning Punishment of " llie Indian Act, 1880," and who either directly or being agente indirectly, seeks to induce or compel any j)erson who is an ^ ^s'^nflu^ *^ Indian or of part Indian blood and qualified to vote only encing in- in respect of property forming part of a reserve, as or^not to be defined by the said Act, to cause his name to be registered refristered as as a voter or to vote or refrain from voting at any elec- tion of a member of the House of Commons, shall be held to be guilty of a misdemeanor and, if found guilty thereof, shall be punishable by a fine not exceeding two hundred dollars, or by imprisonment for any term not exceeding six months, or by both ; and shall not be entitled to hold any office or place of emolument in the appointment of the Governor, or of the Superintendent-General of Indian Affairs, for a period of two years from the date of his conviction. 65. Any wilful offence against this Act, for which no Punishment other punishment is provided, shall be a misdemeanor, °^ offices, and punishable as such. ________^ V Mistake of duty and honest intentions will not excuse th offender : Amy V. Supervisors, 1 Wall. 13(). 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 that he haa wrongfully refused to insert the proper name on the roll : Per Richards, C. J., in Re McCulloch and the Judge of Leeds ami Grenville, 35 U. C. Q. B. 452. Before the commencement of an action for a penalty against a registra- tion officer who is required to make out burgess lists, no previous notice of action is necessary : Kmg v. Burrell, 12 A. & E. 460. 174 The Electoral Franchise Act. [Form A. SCHEDULE OF FORMS. A. {See 8. 13.) Oath of Office of a Revising Officer. I, of the of , in the County of and Province of , the Revising Officer appointed under " The Electoral Franchise Act" in and for the Electoral District (or part of the electoral dis- trict) of in the Province of do hereby solemnly swear (or affirm) that I will well and faithfully discharge the duties assigned to me lay the said Act without favor or partiality ; that I will place no name on the list of voters for the said electoral district (or part of the said electoral district) or any of the polling districts thereof, and will strike no name off the same, unless I shall be satisfied that the same should by law be placed on or struck off the same ; and that I will in all respects conform to the said Act and the Law to the best of my judgment and ability. So help me God. Sworn before me, a Judge of the Court '\ of , in and for the Province of i A.B. , being a Court of Record, at \ Revising Officer for the Electoral Dis- the of in the County of ?" trict (or part of the electoral dis- and Province aforesaid this | trict) of day of A.D., 188 , i I CD. A Judge, pj ft CO V=! '^ $H O 'tq m o o 1 Name of Parent if the Voter is quali- fied as a Son of a Fanner or other Ow- ner of Real Proper- ty ; also Nature of Parent's Title to the Real Property. « Nature of Title to qualify- ing Pro- perty. Concession, Street and No.ofLotor other par- ticular des- cription of qualifying Property. > Municipality or Place where Quali- fication is situate, if Real Estate. Nature of Qualifica- tion. • < • ^ Name in full. (Surname first.) 1 i 1 1 175 '^ CQ 00 CO •I .2 .3 i t I T3 ^ o ^- ' "-t 4\3 m i • " ' . ' jjujHBmi ■■niii 176 The Electoral Franchise Act. [Foim D, D. {See 88. 17 and 18. ) Notice by Revising Officer of preliminary revision of First List of Voters. The Revising Officer for the Electoral District (or part of the electoral dis- trict) of in the Province of , appointed under " The Electoral Franchist Act," hereby gives notice that he has completed and published in the manner directed oy the said Act, the first general list of voters for the said Electoral District (or part of the said electoral district), and that he will hold a Sitting pursuant to the said Act for the Preliminary Revision of such list at in the of County of , in the said Province, at o'clock in the on the day of 188 . Any person objecting to any name on the said list may at any time before the said day, and any person desiring to add any name thereto, or desiring otherwise to amend the same, may, on or before the day 188 , deliver to the said Revising. Officer, or mail to him by registered letter at his office or place of address, a notice in writing in the form for that purpose contained in the schedule to the said Act, as nearly as may be, setting forth the name or names objected to, and the grounds of objection, or the name or names proposed to be added to the list, with the grounds therefor, and particulars of the qualification and residence of the persons whose names are proposed to be added, or the par- ticulars of any other proposed amendment, and the grounds therefor : and every such notice must be signed by the person so giving notice, and must set forth his residence, occupation and post-office address, (a) In the event of the person so giving notice objecting to the name of any person already on the list, the person so objecting must also deliver to or mail to the last known address of the person whose name is objected to, by registered letter, and at the same time as the notice is given to the Revising Officer, a copy of the notice given. Dated 188 A. B. Revising Officer for tfie Electoral District (or part of the Electoral District) of E. (See 8. 19.) Notice of Complaint or Application. I, , of the in the electoral district of of Province of in the county of ."•under The (a) This requires more than is directed in the body of the Act as to notices. ' ' It would be quite contrary to the recognized principles upon which Courts of Justice construe Acts of Parliament, to enlarge the conditions of the enactment, and thereby restrain its operation, by a reference to the words of a mere form given for convenience' sake in a schedule, and still more so when that restricted operation is not favorable to the subject, but the reverse :" Per Lord Penzance, in Dean v. Green, 8 P. D. at p. S9. ' ' If the enacting part and !;he schedule cannot be made to correspond, the latter must yield to the former ;" Per Lord Cottenham, L. C, in Re Baincs, 1 Cr. & PhiL 46. See also note (I) p. 127. Foim D, Form F.] The Electoral Franchise Act. 177 Voters. ctoral (lia- der "T/ie ileted and eral list of trict), and reliminary County of on ling to .iny my person the same, i Revising address, a chedule to is objected 3 be added [cation and or the par- ref or : and , and must he event of already on Last known ter, and at ;opy of the A. B. District) of ludcr *• The Act as to ipon which nditions of nee to the !, and still Libject, but 9. "If the latter must Cr. & PhiL Electoral Franchise Act" hereby give notice that I will apply to have the first general list for the electoral district (or part of the electoral district) of ior the list for the municipality or polling district No. of the said electoral district) (or the lists for the year as preliminary revised), aa the case may he, amended or added to, as the case may he ; (then state the name or names ohjected to, with the grounds ther^or ; or the name or names desired to be added, with full particulars of their residences, addresses, occupations, qualifications, and if real property, lohere situated, and the grounds for applying to have them added, or the nature of any other proposed amendments to the list and the grounds therefor), at the sitting to be held by the Revising Officer for the said Electoral District (or part of the said elec- toral district), at o'clock in the noon, on the day of , 188 , at in the said electoral district. Dated . 188 . To the Revising Officer for the said Electoral District (or part of the said Electoral District), (or to the person whose name is objected to.) \ (Name of complainant^) P. 0. Address. F. (See s. 21,) Order of Revising Officer dividing Electoral District into Polling Districts. I, , the Revising Officer for the Electoral District (or part of the electoral district) of , Province of , under " The Electoral Franchise Act,' do hereby order and direct that the said Electoral District (or part of the said electoral district) be and the same is hereby sub-divided into polling districts, described as follows : — Number one. Bounded on (here ^11 in as particular a description, by concession, street, or other dividing lines, as possible, of the bounds of each polling district. ) (And so on aa to others). Dated 188 . A. B., Eevising Officer for the Electoral District (or part of the electoral district) of a. (See a. 24.) Notice by Revising Officer of Final Revision of Lists of Voters for each Polling District. The Revising Officer for the Electoral District (or part of the electoral dis- trict) of in the Province of , under " The Electoral Franchise Act," hereby gives notice that he will hold a Sitting on the day of , 188 , at o'clock in the ; at in the of , in the said electoral district, for the Final Revision of the list of voters for polling district No. , of the st^id electoral district. » ii ^« 178 The Electoral Franchise Act. [Form H All objections and claims for additions to or amendment of the said list, with the grounds therefor, and the name, addition, and post office address of the person objecting to any name on the list, or claiming to add to or amend the list in any other respect, unless the same have already been sent or delivered at the preliminary revision of the said list, must be delivered to the said Revising Officer at , or sent to him by registered letter, addressed to him at , before the day of 188 , in the same form, as nearly as may be, as of notice of complaint, in the schedule to •' The Electoral Franchise Act." If the objection be to the name of any person already on the list, the f)erson so objecting must, at the same time, deliver or mail by registered etter to the person so objected to, at his la'.t known address, a copy of the notice of objection. Dated 188 . A. B., Revising Officer for the Electoral District (or part of the electoral district) of E. (See ss. 29 and 37.) Notice to he pidilished in the Canada Gazette hy the Clerk oj the Croion in Chancery. Notice is hereby given that I have received the lists of voters iinally revised, for all the lulling districts of the Electoral District of for the year , uniler " The Electoral Franchise Act." Dated , 188 . C. D. Clerk of the Crown in Chancery at Ottawa. J. (Sees. 42.) Sum77ions to Witness. To You are hereby required and summoned personally to attend before me, the undersigned Revising Officer, on the day of , 188 , at o'clock in the at in the County of , and Province of , and then and there to testify what you may know concerning the then to be investigated by me aa such Revising Officer, and so on from day to day, and you shall bring with you the papers herein particularly described, that is to say : And herein fail not at your x^eril. Given under my hand at aforesaid, this day of , 188 , under " The Electoral Franchise Act," A. B., Revifsing Officer for the Electoral District (or part ofth electoral district) of • l 'I (LI ' orm H Ontario Franchise. 179 said list, 5 address dd to or jeen sent iivered to ■ed letter, 188 , t, in the list, the registered ipy of the [or part of Crown :erB finally at Ottawa. before me, f ) e County of lestify what ed by me as I liring with 3f r part of th APPENDIX, w ONTARIO PROVINCIAL FRANCHISE, The Franchise and Representation Act, 18S5, 48 Vic. Ch. 2, 0., Amending R. S. 0. Ch. 10. 1. This Act may be cited and known as The Franchise and Repre- Short title. mxtation Act, 1885. (^>) INTEBPRETATION. • 2. Section 2 of The Election Act, and its sub-sections, are hereby r.s.O.,c.io repealed, and the following is substituted instead thereof : *• ^' "^^P***'*^ 2. Unless otherwise declared or indicated by the context, wher- interpreta- ever any of the following words or expressions occur in this Act, *''*°' they shall have the meanings hereafter expressed, that is to say : (1) The word "owner" shall signify (and mean proprietor, either Owner. in his own right or in the right of his wife, of an estate for life, or any greater estate either legal or equitable. (2) The word "occupant" shall signify and mean a person 6oHa occupant. jirfe occupying property otherwise than as owner or tenant, either in ' his own right or in the right of his wife, but being in possession of rach property and enjoying the revenues and profits arising therefrom to his own use. (3) The word '* tenant " shall include any person who, instead of Tenant. paying rent in money, is bound to render to the owner any portion of the produce of such property. («) Only the clauses of the several Provincial Acts relating to the Qualifications of Voters are given in this Appendix. {h) Notes on the Ontario Franchise Act will appear in a second edition of the Author's " Manual on Voters' Lints," 180 Appendix. Landholder. (4) The expression '* landholder " shall mean and include : Person («) Any person who being the owner of and residing and domiciled real proper^ty "P**^ ^®*^ property of at least twenty acres in extent, or of at least as owner. an actual value in cities and towns of four hundred dollars, and in townships and incorporated villages of two hundred dollars, is, in the last revised assessment roll of the municipality where such pro- perty is situate, entered and assessed as owner of said property of at least the number of acres or the assessed value aforesaid, and Persons (&) Any person actually residing and domiciled in any dwelling teiuint.^ " house as tenant thereof, where such dwelling house and the land, if any, held therewith by such person as such tenant is of at least an actual value in cities and towns of four hundred dollars, and in town- ships and incorporated villages of two hundred dollars, and is at not less than such value entered and assessed in the name of such person in the last revised assessment roll of the municipality wherein the same is situate. Landholder's (5) T^® expression "landholder's son" shall mean and include a son- son, step-son, grandson, or son-in-law, as the case may be, of any landholder. Wage-earner (6) The expression " wage-earner" shall mean any person entered j in the last revised assessment roll of a city, town, incorporated vil- lage, or township, as one having or deriving an annual income or I wages of not less than two hundred and fifty dollars, but who u not entered or assessed in said roll for a taxable income of at least two | hundred and fifty dollars. (7) The expression "dwelling-house" shall mean and include any I part of a house when that part is separately occupied and resided iu as a dwelling, and also any land where such land is separately occu- pied or resided upon as and is part of the premises belonging to and! used with such dwelling. Householder (8) The expression "householder" shall mean any person entered in I the revised assessment roll of a city, town, township or incorporated| village, as sole tenant or occupant of and actually resident in dwelling-house situate therein, but shall not mean nor include, (a) Any person who is so entered or who is actually a joint tenant 01 occupant of ^v.rh. dwelling-house with any other person ; nor Nor lodger. (^) Any person who is a mere lodger or boarder in a house. Dwelling- house. Not a joint occupier ; (2) tainc Ontario Franchiae, 181 le: d domiciled of at least iars, and in >llar8, is, m •e such pro- operty of at , and ,ny dwelling the land, if at least an and in town- iud is at not [ such person wherein the and include a y be, of any lerson entered orporated vil- aal income or )ut who ii not if at least two id include any and resided in parately occu- longing to and rson entered in »r incorporated resident in * include, a joint tenant rson ; nor house. (9) The expression "local municipality" shall mean and include a city, town, incorporated village, or township, as the case may be. (10) The word "election " shall mean an election of a member to serve in the Legislative Assembly. (11) The expression " to vote " shall mean to vote at the election of a member of the Legislative Assembly. (12) The expression " electoral district " shall mean any county or other place or portion of this Province, entitled to return a member to the Legislative Assembly. (13) The expression "voters' list" shall mean the copy of the voters' list furnished in accordance with section 56 of this Act. (14) The expression " last revised assessment roll " shall mean the last revised assessment roll of a city, town, incorporated village or township. QUAMFfCATION OF VOTERS. Who may Vote. 3. Section 7 of TJie Ekction Act, and its sub-sections, are hereby j,g q c lo repealed, and the following is substituted therefor : — s. 7, repealed. Local Municipality Election. To vote. Electoral district. Voters' lilt. Last revised assessment roll. may 7. The following persons, and no others, being males and of vVe ^^^ full age of twenty-one years, and subjects of Her Majesty by birth ^^^ ** or naturalization, and not being disqualified under the preceding sections, or otherwise by law prevented from voting, shall, if duly entered on the list of voters proper to be used at the election then pending, .according to the provisions of The Voters^ Lists Act, or of R. 8. 0. c. 0. this Act, be entitled to vote at elections of members to serve in the Legislative Assembly of this Province, that is to say : — Firstly. — Every male person entered on the revised assessment Real proper roll, upon which the voters' list to be used at the election is based ♦■L'*)**^'**'*" for any city, town, incorporated village or township, for real pro- perty of the value hereinafter mentioned, and being at the time of the final revision and correction of said assessment roll, and also at the time of the election, a resident of and domiciled within the Electoral District for which he claims to vote. (2) Such person must (subject to the provisions hereinafter con- y^lu^Qfrg^l tained) have been rated on such assessment roll as the owner, tenant property neceBsary. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I »r itt IIIIIM " 2.0 1.8 1.25 1.4 1.6 -* 6" — ► V} <^ /2 /y .^3 -c='l VI Om y m /A Photographic Sciences Corporation ,\ 4^ 4? \\ ■^ O^ "V % V ,<^ fl7 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 r^^ K

subject to the provisions hereinafter contained, every male person of the full age of twenty-one years, being a subject of Her Majesty by birth or naturalization, and being not otherwise dispualified, who is at the time of the election a resident of and domiciled within the Electoral District for which he claims to vote, and is actually and bona fide owner of real estate in such electoral district of the value of two hundred dollars or upwards, or who is at the time of the election a resident householder of such place, and has been such owner or householder for the six months next preceding the election. (2) A person is not an owner within the meaning of the said pro- vision designated seventhly, where the land of which he claims to be owner has never been granted or patented by the Crown ; and a person who is a mere lodger or boarder in a house is not a "resident householder" in respect of such house. (3) In any part of the Electoral District of Algoma West, Algoma East, Muskoka, or Parry Sound, in which there is no assessment roll or voters' list, residence by an owner shall be necessary for the same period as residence by a householder, in order to qualify a voter. Voters in Eighthly. — No person shall be entitled to vote in unorganized terri- territory. tory on property which is wholly or partly in an organized munici- pality. Meaning of " owner." Lodger or boarder. Residence required. Voters in Algoma. 9. (1) In such of the municipalities, townships, and places in the Electoral Districts of Algoma West and Algoma East as have no assessment roll, the only persons entitled to vote at elections of members to serve in the Legislative Assembly of this Province, shall be every male person of the full age of twenty-one years, being a subject of Her Majesty by birth or naturalization, and boing not otherwise disqualified, who is at the time of the election a resident of and domiciled within the Electoral District for which he claims to vote, and who is actually and bona fide the owner of real estate in such electoral district of the value of two hundred dollars or upwards, Q with part id places in West, East frew, South nt roll, and) lie person of Majesty by fied, who is within the ictually and the value of the election ch owner or )n. bhe said pro- le claims to •own ; and a a "resident est, Algoma lessment roll or the same a voter. anized terri- [zed munici- (laces in the as have no elections of ovince, shall ars, being a b'iing not a resident of lie claims to eal estate in or upwards. Ontario Franchise. 185 or who is, at the time of the election, a resident household<)r of such place, and has been such owner or householder for the six months next preceding the election. (2) A person is not an owner within the meaning of this section, Meaning of where the land of which he claims to be owner has never been granted or patented by the Crown ; and a person who is a mere lodger or Jj^**^' °^ ' boarder in a house is not a " resident householder" in respect of such house. (3) In any part of the said Electoral Districts in which there is no Residence assessment roll or voters' list, residence by an owner shall be neces- sary for the same period as residence by a householder, in order to qualify as a voter. (4) No person shall be entitled to vote in unorganized territory, voters in in either of the said Electoral Districts, on property which is wholly unorganized or partly in an organized municipality. The Election Act of Ontario. R. S. 0. Ch. 10 (1877.) Who shall not Vote. 4. The Chief Justice and the Justices of the Court of Appeal, the ^y^^«^ and ^ ^^ Officers dis- Chancellor and Vice-Chancellors of Ontario, the Chief Justices and qualified Judges of the Courts of Queen's Bench and Common Pleas in*""'"''^""*^- Ontario, aU County Judges, all Officers of the Customs of the Dominion of Canada, all Clerks of the Peace, County Attorneys> Registrars, Sheriflfs, Deputy Sheriflfs, Deputy Clerks of the Crown, And Agents for the sale of Crown Lands, all Postmasters in Cities and Towns [all Stipendiary Magistrates, (a) ] and all Officers employed g, jq! ' "■ * in the collection of any duties payable 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 P*D*lty section votes at»^any such election, he shall thereby forfeit the sum of two thousand dollars, and his vote at such election shall be null and void. 32 V. c. 21, s. 2 ; 39 V. c. 10, s. 48. (a) The amendment by 48 Vic. c. 2, s. 10, is as follows: " 10. Section four of The Election Act is hereby amended by adding after the words * all postmasters in cities and towns,' the words, ' all Stipendiary Magistrates.'" The titles of the Courts above named were altered by the Ontario Judicature Act, 1881. ,ir: i;'.i •lils M ;"iii m 186 Appendix. Election ofR- 5. No Returning Officer or Election Clerk, and no person who, at *'onsm)t to"^ *"y time, either during the election or before the election, ia or has vote. been employed at the said election or in reference thereto, or for the purpose of forwarding the same by any candidate or by any person whomsoever, as counsel, agent, attorney or clerk, at any polling place at any such election, or 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 whomsoever, for acting in any such capacity as aforesaid, any sum of money, fee, office, place of employment, or any promise, pledge or security whatever therefor, shall be entitled to vote at any election. 32 V. c. 21, s. 3 ; 38 V. c. 3, s. 27. Not to apply 2. The preceeding provision shall not apply to Deputy-Returning to D. R. Os. " or Poll Clerks. No woman to Tote. Officers and Poll Clerks appointed under this Act and receiving as such the fees to which such officers are entitled under this Act, 38 V. c. 3, s. 27. 6. No woman shall be entitled to vote at any election. 38 V, c. 21, s. 4. •■i ' . '" .'.J •son who, at on, is or has 10, or for the yr any person any polling hatever, and B, during or any person aid, any sum )mi8e, pledge vote at any ty-Retuming L receiving as der this Act, ction. 38 V» Quebec Franchise. 187 QUEBEC PROVINCIAL FRANCHISE. The Quebec Election Act, 1875, 38 Vio. Ch. 7, Amended by 39 Vic. Ch. 13, Q. PRELIMINARY. 1. This act shall be known and may be referred to and cited as Title. "The Quebec Election Act." It shrJl apply to every election of a member of the Legislative Application. Assembly, whether the same be held at the time of a general election, or to fill a vacancy. 2. In interpreting this act, unless it be otherwise provided, orj?*®"^"**' unless there be in the context of its provisions something which indicates a diflferent sense, or requires another interpretation : 1. The word "municipality " means every municipality of a parish Municipality or part of a parish, of a township or part of a township, of united townships, of a village, of a town, existing under the operation of the municipal code, and every town or city municipality, incorporated by charter or special act ; 3. The word*** owner" signifies any one who possesses real estate, O^"^'^- or whose wife possesses real estate, whether as owner or usufructuary. Whenever one person has the i re ownership of real estate, and another has the injoyment and usufruct thereof to his own use and , benefit, the person who has the mere ownership of such real estate shall not be entitled to vote as owner thereof, and the usufructuary shall in such case alone have the right to vote, by reason of such real estate ; "" ' ' • ' ' " ■ liji k'i "■f V i 4 188 Appendix. Occupant. Tenant. To vote. Electoral District. 4. (Amended by 39 Vic. c. IS, s. 1) The word "occupant" signifies the person who occupies immovable property, otherwise than as owner, tenant, or usufructuary, either in his own right or in the right of his wife, [and who derives the revenue therefrom (a)] ; 5. The word "tenant," means as well the person who pays rent in money, as the person who is obliged to give to the owner a certain part of the revenues and profits of the real estate which he occupies ; and such tenant must be tenant feu et lieu, save ii: the case of the lessee of a shop, work-shop, or oflSce ; 8. The words " to vote," means to vote at the election of a mem- ber of the legislative assembly of this province ; 9. The expression " electoral district," means any county or othev place or portion of this province, entitled to return a member of the Legislative Assembly ; PARLIAMENTARY ELECTORS. (6) 1. — Conditions requisite to be an Elector. 7. No person shall'be entitled to vote at the election of a member Persons the list of of the Legislative Assembly of this Province, unless at the time of electors. voting, he be an elector entered as owner, tenant, or occupant, upon the list of electors in force. Qualification of electors. Age. Allegiance. Not incapa- citated. Owner or • occupant of real estate. 8. No person shall be entered upon the list of electors, unless he fulfils the following conditions ; 1. He must be of the male sex, of full age, and a subject of Her Majesty by birth or naturalizaton ; 2. He must not be otherwise legally incapacitated ; 3. He must be actually and in good faith owner or occupant of real estate, estimated, according to the valuation roll in force, as revised, if it has been revised even for local purposes only, at a sum of at least three hundred dollars in real value, in any city munici. (a) The amendment by 39 Vic. eh. 13, s. 1, is as follows : 1. Subsection 4 of section 2 of "The Quebec Election Act" is amended by adding at the end thereof the words, " and who derives the revenue therefrom. " (6) /. e. for the Legislative Assembly of Quebec : 40 Vic. c, 27, s. 1 Quebec Franchise. 189 " signifies B tlian as a the right lys rent in > a certain 5 occupies ; ase of the of a mem- ty or other iber of the f a member the time of ipant, upon , unless he jject of Her occupant of in force, as ly, at a sum city munici. ion Act" 18 who derives 3. c, 27, 8. 1 pality entitled to return one or more members of the Legislative Assembly, and two hundred dollars in real value, or twenty dollars in annual value, in any other municipality, or Be a tenant in good faith, paying an annual rent for real estate, of Tenant pay- at least thirty dollars in any city municipality entitled to return one iu« annual or more members of the Legislative Assembly, and of at least twenty dollars in any other municipality ; provided that such real estate be estimated according to such valuation roll, in real value at, at least three hundred dollars in any city municipality entitled to return one or more members of the Legislative Assembly, and two hundred dollars in any other municipality. 9. Whenever two or more persons are co-owners, co-partners in Co-owners ; the property or possession, co-tenants or co-occupants of any real ^-tenants* ' estate valued at an amount sufficient for the share of each to confer and co-occu- upon him the electoral suffrage, each of such persons shall be deemed to be an elector in conformity with this Act, and entered upon the Ust of electors. He whose share does not amount to the value required for the electoral suffrage shall not be so entered, nor be an elector. The same rule applies to co-tenants, respecting the amount of rent co-tenants, which they pay. 10. Nevertheless if the real estate is owned or occupied by a corpo- Corporation, ration, no one of the members of the corporation shall be an elector nor entered upon the list of electors, by reason of such real estate. 2. — Persons who can neither be Electors nor Voters. 11. The following persons can, in no case, be electors or vote : Persons dis- qnalifled. 1. The Judges of the Court of Queen's Bench and of the Superior judges. Court, the Judge of the Vice- Admiralty Court, the Judges of the Sessions, District Magistrates, Recorders. 2. Officers qf the Customs, Clerks of the Crown, Clerks of the Offleen- ■ Peace, Registrars, Sheriflfs, Deputy-sheriflFs, Deputy-clerks of the Crovr'n, and officers and men of the Provincial or Municipal Police force. • ' ' 3. Agents for the sale of Crown lands, Postmasters in cities and Officers, towns, and all officers employed in the collection of any duties payable to Her Majesty, in the nature of duties of excise, including collectors as well of Federal as of Local revenue. 190 Appendix. NOVA SCOTIA PROVINCIAL FRANCHISE. The Franchise Act, 1885, 48 Vic. Ch. 2, N. S. "Who entitled !• '^^^ following persona, if of the full age of twenty-one years to vote. and subjects of Her Majesty by birth or naturalization^ and not disqualified by any section of this Act, or otherwise by law pre- vented from voting, shall be entitled to have their names entered upon the list of electors provided for by the thirteenth section of chapter four of the Revised Statutes, fifth series, and if so entered shall be entitled to vote at elections of members to serve in the House of Assembly, that is to say : — Male persons (^^^ ) Kvery male person who, at the time of the last assessment, assessed for ghall have been assessed in respect of real property to the value of real or p^r- . i: c ^ sonal pro- one hundred and fifty dollars, or in respect of personal property, or perty. ^j personal and real property together, to the value of three hundred dollars. Gr- in posses- sion of real or personal property. Or— tenants of real proper- ty. ,vO •Or— sons of such quali- fied persons, (6.) Every male person who, at the time of the last assessment, shall have been in possession of real or personal property, or of per- sonal and real property together, of the respective values mentioned in the preceding sub-section, and shall have been by law specially exempted from taxation. : - (c.) Every male person who, at the time of the last assessment, shall have been a bona fide yearly tenant of real property of the value of one hundred and fifty dollars, where the assessment on real property was by law levied upon the owners t lereof, or the assessed value of whose personal property, combined with that of the real propertj' so occupied by him as a yearly tenant, shall have been three hundred dollars or upwards. {d. ) The son of every person qualified under the preceding sub- sections, if such person at the time of the last assessment shall have Nova Scotia Franchise. 191 been in possession as owner or yearly tenant of sufficient property to qualify more than one voter, and if such son shall have resided in the residence or dwelling of his father, or on property owned by his father within the assessment district, for at least one year next prior to said assessment. ^ (e.) The son of every widow if such widow, at the time of theo,_ last assessment, shall have been in possession, as owner or yearly son of wi- » r^ . . ,.^ . i. , (low who is tenant, of sufncient property to give a qualification to vote, if such owner or son shall have resided in the residence or dwelling of his mother, or J^arproper- on property owned by his mother within the assessment district, for ty. at least one year next prior to said assessment. (/.) Every person who, at the time of the last assessment shall Or— have been entitled to be assessed as in sub-section (a) mentioned, or tfued'to be sliall have been qualified under any of the preceding sub-sections, assessed, and whose names shall have been omitted from the assessors' returns. 2. If in either of the cases mentioned in sub-sections (cZ) and (e) Where more of the first section of this Act^ there are more sons than one so sicUjnt'son'!^" resident, and if the property is not of sufficient value if divided between them to give a qualification to vote to the father and all the sons, where the father is living, or to the sons alone where the mother is a widow, then the right to vote under this Act shall belong to and be the right only of the father and such of the eldest or elder of said sons to whom the value of the property will when divided between them give the qualification to vote ; and if the property is not of sufficient value if divided between the father (if living) and one son, to give each a qualification to vote, then the father shall be the only person entitled to vote in respect of such property. 3. Occasional or temporary absence of the son from the residence Occasional or property of the father or mother for not more in all than four tod1"^a"ify. months in the year, shall not disqualify such son as a voter under this Act. The time spent by mariners and fishermen in the prose, cution of their occupation, and by students at institutions of learning within the Dominion of Canada, shall be considered time spent at home. 4. [Relates to the duty of Assessors.] '■I'l ; 192 Appendix. Cases of bug' Ibbss part- ners, &c. 5. Whenever two or more persons are either as business partnersf joint tenants, tenants in commoti, or by any other kind of joint interest, the owners or yearly tenants of any real property, or the joint owners of any personal property, or of real and personal property together, the names of each of such persons shall be entered in the Assessors' returns and the property apportioned among them to the best of the Assessors' judgment, and such apportionment shall have the same force and effect respecting the qualifications of voters as if each of such persons had been individually assessed in the amount set opposite their respective names ; but where property is held by a body corporate, no one of the members thereof shall be entitled to vote, or be entered on the list of voters in respect of said property. Elector's 6. The assessors shall mark on their returns opposite each name number and ^j^g number of the polling district in which the property of the elector is situate, and the residence of such elector. 7. Persons qualified under this Act as voters in respect of personal placed on property or as sons, shall only be placed upon the list as voters and Voters to be placed on lists and vote where qualified. Paupers to be struck out of list. vote in the polling district in which they reside, and persons qualified as voters in respect of real property, or of real and personal property together, shall only be placed on the Voters' List and vote in the polling district where the real property in respect of which they are qualified is situate ; but when the real property is partly within one polling district and partly within another, although all within one electoral district, the person qualified in respect thereof shall be entitled to be placed upon the list of voters and to vote in either of such polling districts for which he may at the time of the revisioa of the lists desire to be registered as a voter. 12. This Act may be cited as ** The Franchise Act 1885." 16. The revisors, when correcting the List, shall strike therefrom the name of any person, who, within the twelve calendar months preceding, shall have received aid as a pauper under any poor law of this Province, or aid as a poor person from any public grant of Government money. , ,. Nova Scotia Franchise. 193 3S partnerst ad of joint srty, or the ad personal I be entered imong them portionment .ifications of assessed in ere property reof shall be sspect of said ,e each name perty of the ;t of personal as voters and sons qualified onal property I vote in the hich they are ,ly within one II within one sreof shall be ;e in either of f the revision my ike therefrom endar months any poor law blic grant of Election of Members of the House of Assembly. R. S. N. S., Ch. 4 (5th Series.) 64. No elector shall be permitted to vote in more than one polling Elector to district or division in this Province on the same day. one ponuig district. 65. No elector having ac any election a right to vote in the County County in in which at the teste of the writ he resided, shall be permitted to vote t^, ,^^1*''" in any other County. vote. 66. In any such election, non-resident electors having a qualifica- Option of tion in more than one polling district, may, at their option, vote in giectoni''^*"* either ; and any such non-resident elector, before he shall be per- mitted to vote, shall, if required by the Presiding Officer, candidate, or his agent, or an elector, take, in addition to the oaths hereafter prescribed, the oath following : "I, A. B., do swear that at the teste of the writ for this election Form of oath I resided at , in polling district number , in the County of ^ non-resi- . That I am not qualified to vote in the said County, and I have not this day voted in any other polling district or polling division in this Province." 67. It shall not be lawful for any person to vote at any election for Certain offl- a member or members to represent the people in the General diBa^^i-fl°d Assembly of this Province, who at any time within fifteen days before the day of election, was an employe, or in the receipt of wages or emolument of any kind as such employe, in the Post Office, the Custom House, the Inland Revenue Department, the Lighthouse Service, on the Government railroads, in the Crown Land Office, or the Local Public Works and Mines ; but nothing in this section contained shall be construed to extend to any elector who may have contracted to furnish materials of any kind for the Government railroads, or to perform any other specific contract in respect of the same, or to any person who may have been employed by the day temporarily to repair the railroads ; or to any postmaster, post-office keeper, way-office er, or mail courier under the Post Office. 'iJiiil m ■:l 1.3 194 Appendix. NEW BRUNSWICK PROYINCIAL FRANCHISE. Elections to the General A'isembly. Con. Stats. N. B. Gh. 4, (1877). Qualification 1. Every male person of the age of twenty-one years or upwards, being a British subject, not subject to any legal incapacity, who shall assessed for ^^^® ^^^^ assessed for the year for which the registry is made up, in real or respect of real estate to the amount of one hundred dollars, or per- property, or sonal property, or personal and real amounting together to four both ; or hundred dollars, or four hundred doUars annual income, shall be income. i-r. t . qualmed to vote ror Representatives of the county or city for which he shall be so assessed ; if there be no assessment for the parish in any year, then the possession of the qualification shall of itself be sufficient. Rates and Taxes. Real estate to be rated Trustee. Married wo- man in nam* of her hus- band. Occupier. Infant's real estate in name of fuardian. Con. Stats. N. B. Ch. 100. (1877) 16. Real estate held in trust shall be rated in the name of the trustee ; and the real estate held as the separate property of a married woman shall be rated in the name of her husband, unless she is living separate and apart from her husband, in which case it shall be rated in her own name ; and real estate which the assessors cannot obtain the name of any of the owners shall be rated in the name of the occupier, or person having ostensible control, but under such description as to persons and property in the cases herein referred to, except in that of the separate property oi a. married woman, as shall be sufficient to indicate the property assessed, and the character in which the person is assessed. 17. Real estate belonging to an infant shall be assessed either in his own name, or in that of his parent or guardian, or the person ostensibly exercising coutrol over it, and under such description I as shall indicate the property and capacity of the person assessed. 18 Manitoba Franchise. 195 JUL or upwards, by, wlio shall made up, in lars, or per- bher to four ne, shall he by for which ;he parish in L of itself he name of the T of a married unless she is ase it shall be sessors cannot the name of t under such in referred to, oman, as shall e character in essed either in or the person 3h description ni assessed. MANITOBA PROVINCIAL FRANCHISE. An Act respecting the Legislative Assembly and the Representation of the People therein. Con. Stats. Man., Ch. 3, (1880). 1. This Act shall be known and cited as " The Act respecting the Title. Legislative Assembly. " 3. In interpreting this Act, unless it be otherwise provided, or interpreta- unless there be in the context something which indicates a different *^°"* sense, or requires another construction : (2) The word "^ owner " signifies proprietor in his own right ; Owner, (3) The word "occupant" signifies the person who occupies im- Occupant, movable property otherwise than as owner, but who enjoys the revenues and profits arising therefrom ; (4) The word "tenant" means as well the person who pays rent Tenant, in money, as the person who is obliged to give to the owner a certain part of the revenues and profits of the real estate which he occupies. (5.) The words " electoral division " mean any place or portion of Electoral this Province entitled to return a member of the Legislative ''"°°' Assembly. QUALIFICATION OF ELECTORS. Conditions Requisite to he an Elector. 61. No person shall be admitted to vote at the election of a Voters to be member of the Legislative Assembly of this Province, unless liis voters* ''^ name appears at the time of the voting on the list of electors then in force ; and no person shall be entered upon the list of electors for any electoral division unless he fulfils the following conditions, that is to aay : 196 Appendix. Males. Full age. Sutfject of Her Majesty. Not iDoapa :!• tated. Andfor three months be, — (1). He must be of the male sex, twenty-one years of age, and a subject of Her Majesty by birth or naturalization ; (2). He must not otherwise be legally mcapacitated ; Owner, or tenant. (3). He must have been in such electoral division for a period of at least three months, actually and in good faith, owner of real estate of the value of one hundred dollars or upwards ; or tenant for the year, or by the year, of real property of the value of two hundred dollars and upwards, under an annual rent of at least twenty dollars, Or occupant, or the occupant and bona fide householder, by the residence of him- self, or of himself and family, if he have any, on land in the electoral division of the annual value of at least twenty dollars. 3S V. c. 2, s. 8. In electoral division. sufficient. Co-owner or 62. Whenever two or more persons are co-owners, or co-tenants, T^telf^hare °'' co-occupants of any real estate valued at an amount sufl&cient for of each is the share of each to confer upon him the right to vote, each of such persons shall be deemed to be an elector under this Act, and shall be entered upon the list of electors ; but he whose share does not amount to the value required to confer the vote, if any be in such position, shall not be so entered nor be an elector ; and the same rule shall apply to co-tenants respecting the amount of rent which they may jointly and severally pay. 38 V. c. 2, s. 10. Share in rent. No member 63. Nevertheless if the real estate is owned or occupied by a cor- tiontoTotef poration no one of the members shall be an elector, nor entered upon the list of electors by virtue thereof. 38 V. c. 2 s. 10. All persons so qualified and on voters' lists to vote. 64. All persons answering the conditions aforesaid, and whose names, under the provisions of this Act, shall appear and be con- tained on the said revised electoral lists, and who are not otherwise disqualified according to law, shall be entitled to vote at elections of members to serve in the Legislative Assembly of Manitoba. 35 V. c. 5 s. 1. Disqualifica- ttons. Judges. Pen . "8 who cannot be Electors. 65. The following persons can in no case be electors or vote : — (1) The Judges of the Court ot Oueen's Bench, and of the County Courts, and the Recorders of cities ; Manitoba Franchise. age, and a period of at real estate ant for the NO hundred nty dollars, ice of him- uid in the dollars. 3& 197 (3) Indians, or persons of Indian blood, receiving an annuity from .T''""'" the Crown so long as said Indians, or persons of Indian bloT "' receive such annuity; and if any of the persons set fo^'hin t^; Totrs I to' ^'^^''^"^^^t*: ^ P--l*y-t «ceeding five hundred dollars, or to imprisonment for a period not exceeding twelve months in default of the payment of the penalty imposed! anrLi! vote shall be nuU and void. 38 V. c. 2 s. 11. co-tenants, uflQcient for iach of such ;, and shall i>re does not be in such d the same rent which ed by a cor- ntered upon and whose and be con- ot otherwise ; elections of ba. 35 V. c. H r vote : — ' the County <«iai 198 Appendix. BRITISH COLUMBIA PROYINCIAL FRANCHISE. Qualification and Registration of Vote7's'' Act, 1876. 39 Vic. No. 5 B. C, (1876.) Repeal of former Act Who may Toteat elections. Proviso. 1. The "Qualification and Registration of Voters Act, 1875," shall be and is hereby repealed. 2. Every male of the full age of twenty-one years, not being dis- qualified by this Act, or by any other law in force in this Province, being entitled within this Province to the privileges of a natural-born British subject, having resided in this Province for twelve months, and in the Electoral District in which he claims to vote for two months of that period immediately previous to sending in his claim to vote as hereinafter mentioned, and being duly registered under the provisions of this Act, shall be entitled to vote at the election of a member or members of the Legislative A&sembly : Provided that no person shall be entitled to be registered as aforesaid, who shall have been convicted of , any treason, felony, or other infamous offence unless he shall have received a free or conditional pardon for such offence, or have undergone the sentence passed upon him for such offence. Who shall 4. No Judge of the Supreme Court or of the County Courts, no elections. Stipendiary Magistrate, no Constable or Police Officer or Returning Officer, except in cases to be hereafter provided shall be entitled to vote at any election of a member of the Legislature. See post. Only those 11. Any person whose name is not upon the register of voters as "^e**"** *** aforesaid, shall not be entitled to vote at any election for a member or members to serve in the Legislative Assembly. British Columbia Franchise. 199 [AL d, 1876, \.c% 1875," t being dis- is Province, latural-born Ive months, ote for two in his claim lered under e election of •ovided that i, who shall aous offence Ion for such lim for such Courts, no )r Returning )e entitled to 6 post. • of voters as 'or a member 14. Any person whose name shall be on the register of voters for Voter may any electoral district, or [polling division thereof, may vote at ar ' ponin^ oiyj. election for a member to serve in the Legislative Assembly for such sion but not district in any one (but no other) polling division of such electoral toral Dis- district; and, at any general election, no person shall be entitled to *"''''^- vote in more than one eletitoral district : and any person contravening any of the provisions of this section shall be liable to a penalty not exceeding fifty dollars, to be recovered in a summary way before any Justice of the Peace, and in defauH of payment thereof shall be im- prisoned for any period not exceeding one month. 15. Any person whose name is on the register of voters of two or Persons on more electoral districts, who shall permit his name to remain on ^haiino't ^" more than one register, shall have no right to vote at any election of '<'*®- a member to serve in the Legislative Assembly ; and if such person Penalty for shall vote while his name remains on the register of more than one name^on two electoral district, he shall be liable to a penalty of fifty dollars, to be registers, recovered in a summary way before any Justice of the Peace, and in default of payment thereof shall be imprisoned for any term not exceeding one month. An Act to amend the " Qualification and Registration of Voters' Act, 1876." 42 Vic. Ch. 22, B. C. (1878). 2. Section 4 of the ' ' Qualification and Registration of Voters' Act, 39 v., No. 5, 1876," is hereby amended by inserting after the word " Legislature," * at the end of the said section, the following : "Nor shall any Judge of the Supreme Court, or of a County Court, judges and or Stipendiary Magistrate, Police Magistrate, Sheriff, Constable, or cers°^"gj,{^ii. Police Officer, or any officer of Customs of the Dominion of Canada, fled, or any officei; employed in the collection of duties in the nature of Excise, or any officer holding a Dominion office to which an annual salary is attached (except employes of the pt stal department), or any officer receiving an annual salary from the Provincial Govern- ment, or Public School Teacher employed by [the 'Provincial Govern- ment, be entitled to have his name placed on any register of voters, unless he shall have resigned his office prior to sending in his claim to vote ; and should the name of any such Judge of the Supreme '5i! ! i 111 III]- ' i !.! I 200 AppendUc. Court, or of any County Court, Stipendiary Magistrate, Police Magistrate, Sheriff, Constable, or Police Officer, or any officer of the Customs of the Dominion of Canada, or any officer employed in the collection of duties in the nature of Excise, or any officer holding a Dominion office to which an anmial salary 's attached (except em- ployes of the Postal Department), or any officer recei\ring an annual Nameofiuch^^^^'^y ^^ovo. the Provincial Government, or Public School Teacher °S^%^° *** employed by the Provincial Government, now or hereafter appear on list. any register of vcters in contravention of the p rovisions of this section, the Collector of Voters of the electoral district or polling division on whose list of voters any such name appears, shall erase the same : ProTiso. Provided that this section shall not apply to any member of the Executive Council of this Province." Chinamen and Indians disqualified. Collector in. ■erting any such on re- gister to be punished. An Act relating to an Act to make Better Provision for the Qualification and Registration of Voters. 38 Vic. No. 2, B. C. (1875). No Chinaman or Indian shall have his name placed on the register of voters for any electoral district, or be entitled to vote at any election of a member to serve in the Legislative Assembly of this Province. Any collector of any electoral district or polling division thereof, who shall insert the name of any Chinaman or Indian in any such register, shall, upon conviction thereof before any Justice of the Peace, be liable to be punished by a fine not exceeding fifty dollars, or to be imprisoned for any period not exceeding one month. Prince Edward Island Franchise. 201 ite, Police Beer of the yed in the r holding a except em- ; an annual )ol Teacher r appear on bhis section, division on the same : nber of the Provision Voters. the register irote at any ibly of this ing division idian in any iistice of the ifty dollars, ith. PRINCE EDWARD ISLAND PROVINCIAL FRANCHISE. An Act to repeal certain parts of the Act consolidat- ing the Election Laws, and to make other provisions in lieu thereof. 24 Vic, Ch 34, (a), P. E. I. (1861). 13. Every male person of the age of twenty-one years and upwards, being a British subject, and not subject to any legal incapacity, and who shall be also qualified by any one or more of the several qualifi- cations hereinafter next enumerated, shall be entitled to vote at any election hereafter to be held for the election of a member or members to represent in the General Assembi r of this Island, the town, common, and royalty, or electoral district, wherein his property qualification shall be situate, or being otherwise qualified by this section, wherein he shall have resided twelve calendar months next before the teste of the writ for said election ; that is to say : First. — Every such male person shall be entitled to vote as afore- said for any town, and the common and royalty therpof, save and except the town and royalty of Princetown, who shall own or be entitled to a freehold estate of and in one whole vrater lot, common lot, t«. ' or pasture lot, situate within such town, or the com- mon or r^^yalty thereof ; or who shall own or be entitled to a free- hold estate of a^nd in every dwelling-house, warehouse, shop or other building, or any farm or piece of laud within any town, common or royalty, in this Island, save and except as aforesaid, of the clear yearly value of forty shillings. * (a) The 13th, 15th, and 22nd sections of this Act were repealed by 41 Vic, ch. 14., s. 3 (1878) ; but on the first session of the next Legislature, held in the following year (1879), they were revived by 42 Vic, ch. 2, 8. 3, " as if the same had never been repealed." Qualifica- tions : Males. Of age. British subjects. If qualified as herein- after enu- merated. Where pro- perty situate Or where re- sident twelve months. Persons own- ing freehold in certain lots. Or owning freehold in houses, shops, or farms, &c. Of yearly value of 408. r i 202 Appendix, Persons oc- cupying houses, shops, or farm», &c. Of yearly value of 403. Must be owners or occupant - for twelve months prior to writ of election. Persons own- ing freehold or occupying houses, ^bops, or farms, &c. Of yearly value of 40s. Persons per- forming sta- tute labor. Unless ex- empted by virtue of ofiBce. Must reside in voting di- vision twelve months prior to writ of election . Produce re- ceipt or cer- tificate to Returning Officer. Contents of such certi- ficate. Secondly. — Every such male person shall be entitled to vote a aforesaid, for any town, and the common and royalty thereof, save and except the town and royalty Princetown, who shall be in the bona fide use and occupation, rr actual possession of any dwelling- house, warehouse, shop, or other building, or any farm or piece of land within any io^fn, common or royalty in this Island, save and except as aforesaid, of the clear yearly value of forty shillings. Provided every person claiming to vote under either of the fore- going property qualifications, shall have owned or possessed, or been in the use and occupation of the same for the space of twelve calendar months previous to the teste of the writ for holding the election. Thirdly. — Every such male person shall be entitled to vote as aforesaid for any electoral district who shall own or be entitled to a freehold estate, or who shall be in the bona fide use and occupatioa or actual possession of and in any dwelling-house, warehouse, shop, or other building, or any farm or piece of land within such electoral district of the clear yearly value of forty shillings. Fourthly. — Every such male person shall be entitled to vote as aforesaid for any town, common and royalty, or for any electoral dist-ict who, being liable to perform statute labor on the public roads, shall have actually performed the same, or shall have commuted his said statute labor for money, and duly paid the same, or who being otherwise so'liable shall be specially exempted therefrom by statute, on account of holding any office, situation or employment : Pro- vided always, that every person claiming to vote by virtue of his statute labor qualification, shall have resided in the polling division in which he shall claim to vote twelve calendar months next before the teste of the aforesaid writ of election, and shall produce to the returning officer, if required so to do by him, or any opposing candi- date, or the representative of any opposing candidate, a receipt or certificate in writing subscribed with the name of the overseer of statute labor, or collector of city taxes for the precinct wherein such person claiming to vote shall have resided for twelve months as afore- said, testifying to the effect that such person hath duly performed all such statute labor, or paid all such commutation money as by law he became liable uo pay or perform at any time within twelve months next before the teste of the said writ of election. Prince Edward Island Fraivchise. 203 1 to vote a thereof, save liall be in the ,ny dwelling- m or piece of nd, save and lillings. r of the fore- 3ssed, or been ce of twelve p holding the sd to vote as e entitled to a nd occupation rehouse, shop, such electoral ed to vote as any electoral e public roads, commuted his or who being om by statute, >yment : Pro- virtue of his tolling division hs next before produce to the ipposing candi- ;e, a receipt or he overseer of t wherein such lonths as afore- luly performed loney as by law twelve months 14. When the premises constituting a property qualification shall joint tenant be owned or ^^ apied by joint tenants, or occupants, tenants iii hj/in^^jy'. common, co-parceners, or co partners in trade, then not more than dual interest one of either of such description of persons respectively shall vote yearly, therein, unless their individual interesi therein shall be of the yearly value of forty shillings. 15- And, whereas, there are many persons who are in possession Person enti- of and entitled to leasehold estate in valuable improved farms, and hold in lands other pieces of land, the annual rent whereof doth not in the whole ^pj^y^'**^ amount to forty shillings, and unless otherwise provided for, it might ments £35 happen that the amount of rent payable by them in such cases, not- tnough * withstanding the increased value of the estates in their possession yearly rent by improvement and buildings made and erected thereon, would not 40s. entitle them to the right of voting ; — therefore, every person who shall be in possession of, or entitled to a leasehold estate in and to a farm or other piece of land which with buildings and improve- ments thereon would [be of the fee simple of thirty-five pounds, whether the annual rent reserved or payable therefor, shall or shall not amount to forty shillings, shall at any election hereafter to be holden, be entered to vote for a member or members to serve in the General Assembly for the town, common and royalty, or electoral district wherein the same may be situate. Provided always that Must be every such person shall^ in other respects, be qualified as required qualified, by this Act. 19. Every elector qualified to vote for the town or electoral dis- Resident trict in which he resides shall vote at any election in such town or ^'^**j^*?.yj, district in the polling division in which he resides, and not else- sion where where ; and the oath of qualification to be administered to and taken by every such resident elector, when required, shall be the oath in the schedule (A) to this Act annexed, applicable to the nature of his qualification. (!») . 20. Every elector qualified to vote in any town or electoral district Non-resident in which he does not reside, shall vote in the polling division in ^^ j^ ^^^■^_ which the property on which he claims to vote for duch town and sion where his property is situate. (6) The oath (A) requires the voter to verify his qualification, and adds : •' That you have not polled or given a vote for any candidate within this or any other polling division.*" I'M I :204 Appendix. royalty or electoral district is situate, and not otherwise ; and th« oath of qualification to be administered and taken by every such non-resident elector in this section mentioned, when required, as herein provided, shall be the oath contained in the schedule (B) to this Act annexed, (c) How the 22. The clear yearly value in the thirteenth, fourteenth, and six- 18, 14 and 16 tee^th sections of this Act mentioned, shall be estimated by the ^imated. ^*^"® °^ agricultural or other produce which the land or property actually yields, or by the annual value of the buildings thereon erected. Voters on ' Cardigan Point. An Act to Increase the Number of Members to serve in the General Assembly, and to Consolidate arid Amend the Laws Relating to Elections. 19 Vic. Ch. 21, P. E. I. (1856.) 20. 'All persons who for a period of twelve months before the tesk of the writ of election shall have been the occupiers of at least eight acres of reserved lands, called Cardigan Point, marked in the original plan of this Island as part of the Royalty of Georgetown, shall be as heretofore, and they are hereby declared to be entitled to vote as electors of said town and royalty, {d) Premises 22. The piece of land, lot, warehouse, shop, or other building or owned or , , occupied in premises, in respect of the ownership, possession or use and occupa- euoMssion^in ^^^^ ^^ which any person shall be entitled to vote at an election for different any town, common and royalty, or electoral district, of which the divisions. same may form part within this Island as aforesaid, may be dif- ferent premises owned or occupied in immediate succession, by such (c) The oath (B) requires the voter to verify his qualification, and adds : ' ' That you have not polled or given a vote for any candidate at this election, either in this polling division, or in any other polling division, in this town and royalty or district, as the case may be, and that the place of your abode is not within this electoral district." The Act 29 Vic. c. 10 (1866), revived by 42 Vic. c. 2, s. 4, allows ,: ^ electors to poll all their votes in the electoral district where their property qualification is situate. (d) This section was repealed in 1878, by 41 Vic. c. 14, s. 3, but was revived and re-enacted the following session by 42 Vic. c. 2, s. 5. ae ; and th^ / every such required, as edule (B) to nth, and six- lated by the or property lings thereon rs to serve lidate arid )efore the teste at least eight in the original Lrn, shall be as ed to vote as sr building or e and occupa- in election for of which the , may be dif- ssion, by such Jification, and any candidate other polling . case may be, boral district." s. 4, allows ^t where their 14, s. 3, but [Vie. c. 2, B. 5. Prince Edward Island Franchise. 205 person, whether situate in the same polling division or not, during the space of twelve months, next previous to the date of the writ of election. 29- Every mortgagor or cesttii qui trust, in actual possession by Mortgagor himself or his tenant, of land or real estate of the yearly value of ^^ trust* forty shillings, notwithstanding such mortgage or trust outstanding ; ^^^ ^°*®* and the husband of every woman who may be seised in dower of any ot'dowress. deceased husband, where the dower has been actually set off and reduced into possession, and shall be actually of the clear yearly Yearly value value of forty shillings, shall be entitled and qualitied to vote for any *^^' town and royalty, or electoral district in this Island wherever such land may be situate. The Public Roads Act, 1879. 42 Vic. Ch. 1, P. E. I. 22. Every male person between the ages of eighteen and sixty Male persons years, except as hereinafter excepted, shall, whon required under the ^^T^}^ provisions of this Act, either by himself or some sufficient substitute, perform md provided with such necessary implement or implements as may labo".* be directed by the overseer of the precinct, work for the space of Two days, or I two days, or eighteen hours, (e) ^® hayxxa. pBrSODS 25. The following persons shall be exempt from statute labor, or exempt from I the payment of commutation money under this Act, namely : labOT** (1) Persons residing in the Island for less than six months before Persons 111. • i. i c J.U under six |the appomtment of the overseer. months on (2) Clergymen. cKmen. Teachers. (3) Licensed school teachers under engagement. (4) Persons over sixty years of age. But the horse or horses of Persons over lallsuch persons herein exempted (except clergymen), who have resid- age. ling with them oi^ in their employ within their precinct, any person Exceptions, liable to perform statute labor under this Act shall be liable in the same manner as the horse or horses are made liable under section twenty -three, and shall also be liable for breaking the roads in the ifinter season as hereiut. iter provided. (e) By s. 27, all persons liable to perform statute labour may com- mute by a money payment for themselves and their horses. I 'I, 206 Appendix. RESOLUTIONS OF THE ONTARIO REVISING OFFICERS. [Passed at a meeting held in Toronto 9th November, 1885.] Upon section 15 of the Franchise Act the following resolations were adopted to regulate the action of the Kevising Officers in their action there- under : 1. That in the organized districts no name shall be added to the Pre- liminary List M'hich does not appear in the last Revised Assessmcr \. '^'' last revised list of voters, unless an application is made in writ. person desiring to be added, or by some one on his behalf, disclosing ^.ounds which would jpWma/ade entitle him to be put on the Preliminary Voters' List ; and the said application be filed with the Kevising Officer. 2. That the Revising Officer in receiving the application mentioned in the next preceding resolution, shall only act upon the same when it is sup- ported by a statutory declaration^ or such other evidence as may reasonably satisfy the mind of such Revising Oflicer. 3. That in Indian Reserves, the Revising Officer describe the voter's property on which he votes, as the part of the Indian Reserve named, occu- pied and possessed by the said voter, or such better description as he can give. Upon sections 19 and 20, as to the practice which should prevail on the Revision of the Preliminary Voters' List, the following resolution was adopted : 4. Under sections 19 and 20, it would appear that evidence cannot be heard to support objections to strike names ofif the Preliminary List of Voters; but to settle all donbts on the question, it is resolved, that, as a matter of practice, it is advisable that in making the Preliminary Revision of the Voters' Lists under the Franchise Act, the Revising Officer should not take any evidence in support of applications to strike the names oflF the list. But that all such investigation should be deferred to the Final Revision, such a practice being calculated to save time and expense to the parties interested. Upon section 21, the following was adopted : ,, . ,, 5. That in the case of a ward in a city or town containing less than 300 voters, though more than 200, such ward should not be subdivided into Polling Districts. Resolutions of the Quebec Revising Officers. 207 SING r, 1885.] utions were ictiou there- to the Pre- 6. It was the unanimous opinion that at the Final Revision of the list, a court need not be held in each municipality to consider objections ; and that it is not necessary to hold such court in each polling district. lei \ f^r* it }ing e-ounds nary Voters' nentioned in hen it is sup- y reasonably e the voter's named, occu- on as he can prevail on the solution was ce cannot be list of Voters; s a matter of ivision of the )uld not take the list. But vision, such a es interested. less than 300 ibdivided into RESOLUTIONS OF THE QUEBEC REVISING OFFICERS. [Passed at a meeting held in Quebec, 14th January, 1886.] {Translation). Proceeding to the examination of the Act, the meeting is of the opinion — 1. That where they are not otherwise qualified, the Cures [a) may be put upon the roll as usufructuaries (usnfriictiers), and the school masters, the vestry-men and station masters of i.tilways, as occupants. 2. That in the organized districts, no name be entered on the Preliminary List if it be not found on the last Assessment or Valuation Roll, or on the last revised electoral lists ; unless application is made in writing by one who wishes to enter his name on the list, or by some one for him, setting forth the reasons which give him the right to have his name placed on the Prelimi- nary List ; and that the said application be sent to the Revisor. 3. That the Revisor on receiving the above mentioned application, do take it into consideration only when it is accompanied by a solemn declara- tion and by documents or proofs judged saisfactory by him. 4. That the Revisor enter on the lists the names of all persons having the electoral qualification, even when at the time of the completion of the list, they may become disqualified to vote. 5. That in virtue of section 16, a copy of the Voters' List be published and'that two copies of it be sent by post to each of the officers named in the said section. That a copy of this interpretation be sent to the Secretary of State for thd opinion of the Law Officers ; and that this resolution be the rule of conduct of the Revisors if the Secretary of State does not send con- trary instructions. 6. That for the Preliminary Revision, the Revisor may sit only within the electoial district for which he is nominated. 7. That for the Final Revision it is not necessary for the Revisor to sit in each of the polling districts ; but only in each municipality. (a) See notes {y), p. 84, and (y) p. 94, ante. ■ i- T»'V - ■- IX INDEX. 1 \ ABATEMENT of complaint, 137. ABSENCE, occasional, 83, 86, 88, 183, 191 ; voluntary, when it dis- qualities, 74, 75, 76, 101 ; when not, 75, 76, 101 ; compulsory, disqualifies, 76, 97, 98, 102. . ACTUAL OCCUPATION.— >Sce Occupation. ACTUAL POSSESSION.— fi-ee Possession. ACTUAL VALUE, Revising Officer determines, 49, 67, 69 ; diffi- culties in determining, 48-50, 65, 66, 67, 85. ADJOURNMENT of Revision Court, 149 ; eflfect of irregular, 158. ADMINISTRATOR of estate has no vote, 22. **AGE, FULL," definition of, 54, 82, 103, 111. AGENTS for election disqualified, 107. ALIENS disqualified, 15, 57, 59-64. ALLEGIANCE, law of, 59-64. ALTERATION of boundaries of Polling Districts, 154. AMENDMENTS allowed, 72, 117, 118, 120, 125, 148, 149 ; statutory rules as to, in Supreme Court, 156; in Provincial Courts, 156, ANNUAL VALUE, 50, 69, 85. ANNUITANT in possession may vote, 31. , ■ .; APPEAL from Revising Officer: to Judge, 163-168; to Superior Courts, 149-161 ; how it aflfects the right to vote, 144-152. APPEAL, notice of, 163, 164. ,,»,-..< APPELLANT, who may be, 163. f ASSESSMENT of property : in Ontario, 48, 49, 67 ; Quebec, 48 ; Nova Scotia, 48 ; New Brunswick, 48, 194 ; Manitoba, 48. ASSESSMENT ROLL, prima facie evidence of value, 50, 72, 86, 114, 119. ATTENDANCE of witnesses, 55, 141, 149. 14 i^jjjgg/ i i mm 210 Index. BAILIFF of Revision Court, 168; cannot act as agent for parties, 169. BALLOTS, recount of, after appeal, 144, 145, 152. BANK OFFICER, occupation of premises by, 39. BENEFICIAL INTEREST gives the right to vote, 20, 22, 23, 40. BRIBERY, a disqualification, 58. BRITISH COLUMBIA, 17, 28, 43, 44, 56, 99, 102, 103, 104, 113, 168, 198 ; franchise in, 17, 43, 44, 198-200 ; residence in, 103, 198 ; disqualifications in, 104, 199, 200. '* BUILDING :" what will qualify, 51 ; what not, 51. CANADA, Franchise in : by Imperial Acts, 15 ; by Canadian Acts, 15-17, 95; Ontario, 15, 16, 17, 95, 179; Quebec, 16, 17, 95, 187 ; Nova Scotia, 16, 17, 95, 190 ; New Brunswick, 16, 17, 95, 194 ; Manitoba, 17, 96, 195 ; British Columbia, 17, 43, 44, 198 ; Prince Edward Island, 17, 96, 201. CANADA, Imperial laws in force in : Ontario, 23, 27, 55, 56, 58, 59 ; Quebec, 21, 22, 55, 56 : Nova Scotia, 56 ; New Brunswick, 56 ; Manitoba, 56 ; Prince Edward Island, 56 ; North West Terri- tories, 56. CERTIORARI, lies to review limited jurisdiction, 143, 149, 150. CESTUI QUE TRUST may vote, 21, 22, 23, 104, 187, 205. CHAMBERS, or Offices, 35. CHANGE OF TENANCIES, 68, 70, 71. 73, 204. CPIINESE disqualified from voting, 43, 104, 200. CITIES AND TOWNS, qualification of voters in, 54-82, 90, 96. CLAIMANTS: names to be published, 131, 133; may appear by counsel, 160, 166 ; rule for determining right of, 131. CLERK OF THE CROWN IN CHANCERY, 106, 113, 144, 151, 152, 162. CLERK of Revising Officer, 168 ; administration of oaths by, 168 ; cannot act as agent for parties, 169. COMPLAINANT, "any person," 124, 136, 160, 163 ; death of, 137 ; may appear by counsel, 160, 166. COMPUTATION OF TIME, 52, 53, 115, 125, 136. CONTEMPT OF COURT, 140, 143, 156, 167. Index. 211 CO-OWNERS, 91-96, 182, 189. CO-PARCENERS, 36, 93. COPIES OF VOTERS' LISTS, price of, 134, 152. CORRECTION OF LISTS after appeal, 144, 151, 162, 166. CORRUPT PRACTICES: a disqualification, 58; notice to be given of the charge, 58. COSTS, 140, 160, 161, 165, 167 ; on non-appearance, 140, 165. COUNSEL, may appear for parties, 160, 166 ; and be a witness, 166. COUNTIES, qualification of voters in, 82-91, 96. COURT OF RECORD, powers of, 142, 143 ; review of jurisdiction of, 143, 149-151. CREDITOR, holding a conveyance in trust, cannot vote, 24. CUMULATIVE VOTING, legislative recognition of, 79. CUSTOMS AND EXCISE OFFICERS disquaUfied, 59, 104, 185, 189, 193, 199. m DEATH : of father, 80, 81, 88, 89 ; of complainant, 137 ; of voter, 147, 148. DEDUCTIONS IN VALUE, what, 67, 68, 69. DESCENT OF PROPERTY, how it affects qualifications of Farmers' and Owners' sons, 80, 88. DESCRIPTION of qualification not essential, 116, 117, 118, 137. DISQUALIFICATIONS, 57, 104, 106-110, 185, 189, 192, 193, 196, 199, 200. DOWER, when a diminution in value, 27, 38, 67. DOWRESS, husband of, may vot^ in Prince Edward Island, 27, 104, 205 ; Qucere in Ontario, 27, 40, 67, 75, 81. DUPLICATE VOTES, not allowed, 77, 97, 99, 100, 104, 199, 203. DWELLING HOUSE, what, 51, 76, 83, 94. ELECTION by voter, where to be registered, 100 ; notice of, 100, 101. ELECTORAL DISTRICT to be divided into polling districts, 132 alteration of polling districts in, 154. EMPLOYMENT AT ELECTIONS disquaUfies, 107-109. ENGLAND, laws of.— -See Canada. ~^^BI "^w 212 Index. EQUITABLE ESTATE, 29, 33. EVIDENCE, 50, 72, 85, 119, 120, 130, 131, 141, 149, 159, 165 ; prima facie, what, 50, 72; onus of proof, 72. EXPRESS DECISION, 138. EXPUNGE NAMES, only on notice, 139, 141, 147. FACTORY, rooms in, give vote, 35. " FARM," definition of, 44. " FARMERS' SONS," their right to vote, 44, 45, 46 , 87-89. • ' FATHER," definition of, 45 ; right of, 87. FELONY, a disqualification, 15, 57, 59. FINAL REVISION of voters' lists, 47, 133-142, 149, 156. FISHERMEN, qualification of, 9^ ; absence as, 101. FLATS in buildings, what are, 35, 83. FORMS, deviations from, not to invalidate, 123, 127, 159, 166, 176. "FRANC ALLEU" in Quebec, 18, 21. FRANCHISE, is right to participate in Government, 13, 157 ; by Common Law, 14, 54 : construction of statutes regulating, 59, 67, 137, 158.— 5'ee Canada. FRAUD in creating votes, 15, 19, 65. FREE AND COMMON SOCCAGE, what is, 21, 22. FREEHOLD ESTATE, 24, 29, 67, 81, 92, 93. « ' FULL AGE, " what is, 54. GOOD FRIDAY, service of notices on, 52, 53. HOLIDAYS, what are, and service on, 52, 53. HOUSE, qualification in respect of, 51 ; if burnt, 51 ; in Quebec, 19. HUSBAND, when entitled to vote in respect of his wife's property, in Quebec, 20 ; in other Provinces, 24-29, 39, 40, 75, 86, 93 ; when not : in Quebec, 21 ; in other Provinces, 24, 29, 40, 76. IDIOTS, incapacitated from voting, 57. IMPERIAL LAWS.— See Canada. IMPRISONMENT OF VOTER, how far a disqualification, 58,74, 131. INCAPACITY, personal, 47, 55, 57-59 ; by employment, 107-109. Index. 213 INCOME, definition of, 77, 78. INCOME VOTER, qualification of, 76-78 ; where to vote, 96-97. INDIAN AGENTS, influencing Indians to be or not to be regis- tered, 173. INDIANS, when disqualified, 39, 42, 43, 110, 111, 183, 197, 200 . when not, 43, 110, 183. INFANTS cannot vote, 42, 57. INFORMATION, Revising Officer's proceedings on, 50, 115, 130, 131. INHABITANT, who is, 76, 77, 97, 98. INSOLVENT occupying premises, may vote, 36. INSPECTION of notices and claims may be enforced, 169. INSPECTION, public, of Voters' Lists, 121, 122. INTERPRETATION of terms, 17, 42. IRREGULAR PROCEEDINGS may be set aside, 115, 131, 149- 151, 158, 170. JOINT INCOME, 92. JOINT OWNERS, 91, 104, 182, 189, 192, 196, 203. JOINT TENANTS, 91, 92, 93, 104, 182, 189, 192, 196, 203. JUDGE, procedure on appeal to, 163-168 ; private communications to, a contempt of Court, 140. JUDGES disqualified, from voting 107. JUDICIAL DISCRETION, what is, 141, 159. JUDICIAL OFFICER cannot delegate his judicial functions, 168. JURISDICTION, inferior, power of Superior Courts to review, 143, 145, 149-151. *' JUSTICE TO ALL," to be administered, 137, 140, 141, 157, 159. LACHES, 125, 163. LEASE, 68; may be by parol, 69. LEGAL INCAPACITY to vote, 47, 55, 57-59. LICENSE OF OCCUPATION, 37, 73, 86. LIFE ESTATE, a freehold, 24, 27, 29, 67, 81, 92, 93. LIME KILN, when a qualification, 51. "A 214 Index. m^ LIST OF VOTERS.— 5'ce Voters' Lists. " LODOEE," definition of, 82-84, 94. LUNATICS, when disqualified, 57, 59 ; when not, 57. MANDAMUS, Writ of, lies to inferior tribunals, 119, 122, 128, 131, 150, 169, 170. MANHOOD SUFFRAGE, i corfimon law right, 14, 54, 79. •MANITOBA, 17, 28, 48, 5'., 96, 167, 195; franchise in, 17, 96, 195- 197 ; disqualificatior 3 in, 196, 197. MARRIAGE, Husband's Estate in wife's property, on, 24, 40, 75.— See also, Wife. MARRIED WOMAN'S PROPERTY ACTS : Ontario, 27 ; Quebec, 20, 21 ; Nova Scotia, 28 : New Brunswick, 27 ; Manitoba, 28 . British Columbia, 28 ; Prince Edward Island, 29 ; alters the husband's estate by common law, 25, 40, 75. MILITARY SERVICE, its effect on actual residence, 74, 97. MILITIA SERVICE, its effect on actual residence, 97. MILITIA OFFICER, occupation of premises by, 35. MINORS, may be entered if of age at final revision of lists, 55, 131. MISDEMEANOR, when a disqualification, 58. MISDESCRIPTION, power to amend, 100, 117, 118. MISFEASANCE, punishment for, 172. MISNOMER, will not invalidate, 116. MISTAKES, power to correct, 100, 117, 118, 120, 142. MONGOLIAN RACE, disqualified, 43. MORTGAGE, when a diminution in value, 67. . - ; MORTGAGEE in possession, 23. . : MORTGAGOR, out of possession, 23. , ' •'MOTHER," definition of, 45, 80. - r v, , .. v. •• , , MUNICIPAL OFFICER to furnish copies of assessment rolls and voters' lists, 171. NATURAL-BORN SUBJECT, 59-61. NATURALIZATION, laws affecting, 61-64. Index. 215 195- NEW BRUNSWICK, 16, 17, 27, 48, 56, 95, 167, 194 ; franchise in, 16, 17, 95, 194. NORTH-WEST TERRITORIES, Imperial laws in force in, 56. NOTICE of Preliminary Revision, 123; of Final Revision, 135» 148. NOTICE of objections, 126, 138, 139, 140, 159, 163. NOTICE to Revising Officer, 126, 138, 140, 163, 164. NOTICE, person affected to have, 112, 126, 128, 129, 138, 140, 141, 143, 155, 158, 163, 164. NOTim^. in Gazette of Revision of Lists, effect of, 106, 144, 151. NOTICE of appeal from Revising Officer, 163, 164. NOTICES, signature of complainant to, 127, 128, 163, 176. NOTICES, service of, 52, 118, 126, 127, 128, 129, 138, 140, 164. NOVA SCOTIA, 16, 17, 28, 48, 56, 95, 134, 136, 167, 190; franchise in, 16, 17, 95, 190-193 ; disqualifications in, 193. )ll8 and OATH, Clerk's right to administer, 168. OBJECTIONS to be noted at final revision, 130, 133, 136, 138 j inspection of, 169. OBJECTOR, withdrawal of, 125 ; death of, 137 ; may appear by counsel, 160, 166. — See Complainant. " OCCASIONALITY," what constitutes, 65, 82. OCCUPANT, definition of, 35, 37-40, 45; qualification of, 73, 94, 96;. right of wife of, 75. OCCUPATION, actual, what is, 33, 37, 45, 73-75, 87, 111 ; break in, 71, 74, 75 ; successive, 70, 71, 73, 204. OFFICES, or Chambers, 35. / OFFICERS, certain, disqualified, 59, 104, 107, 185, 189, 193, 197. OFFICERS occupying premises, right to vote, 23, 36, 39. OFFICERS, PUBLIC, to post up lists in offices, 121, 122, 135. 0]STARIO, 15, 16, 23, 27, 48, 49, 55, 56, 58, 59, 67, 95, 99, 167, 179, 206 ; franchise in, 15, 17, 95, 179-186 ; disqualificationa in, 183 ; Resolutions of Revising Officers, 206. " OPEN COURT," Revising Officer to hold, 129, 139, 142. OWNER, in Quebec, 20 ; in other Provinces, 22, 45, 64. OWNERS' Sons Franchise, 45, 46, 78-81, 87. 216 Index. I PARLIAMENT, common law of, 14, 55, 57, 58, 59. PARTNERS, when qualified, 92-96, 182, 189, 193. 197. PAYMENT for Election services disqualifies, 106-109. PERJURY, when a disqualification, 15, 58. "PERSON," definition of, 40; claimant, or objector, 124, 136, 160, 163. PIG-STYE, when a qualification, 51. POLL, how aflfected by appeal, 144, 152, 162. POLL CLERK, disqualified, 107. POLLING DISTRICTS : Electoral District to be divided into, 132 ; may be altered, 154 ; voter to vote .srhere name on list, 77, 97, 99-101, 104. POSSESSION, acts of, 19, 33, 34. POSSESSION : actual, 30, 33, 37-39, 72, 73, 85, 86, 111 ; break in, 71, 74, 75, 82. POST OFFICE, mistakes in, 129. POST OFFICE, service of notices by, 118, 121, 122, 126, 127, 129, 134, 164. POST OFFICE LETTER, property in, 129. POSTING up Voters' Lists, 121, 122, 134. POSTMASTERS, when disqualified, 59, 104, 185, 189, 193, 199. PRACTICE : Resolutions of Revising Officers, regulating, 206, 207 ; in appeals, 163-168. PRELIMINARY REVISION of Votero' Lists, 47, 71, 113-131 ; sitting for, 123, 147-148 ; amendments at, 125, 148, 149. PRINCE EDWARD ISLAND, 17, 27, 29, 56, 96, 99, 102, 103, 104, 133, 134, 136, 167, 201 ; residence in, 103 j franchise in, 17, 96, 102-104, 201-205. PRISONER, disqualified, 58, 74. PRIVATE COMMUNICATION TO JUDGE, a contempt, 140. . - PRODUCTION of books and papers, 142, 149, 155. ' PROFITS, in lieu of rent, 36. PROHIBITION, writ of, lies to inferior Courts, 151. PROPERTIES, several may be added together for qualification : to owner, 64, 67 ; to tenant, 68. Index. 217 160, , 132 ; 77,97, PROPERTY AND CIVIL RIGHTS : in Ontario, 23, 55 ; in Quebec, 19, 21 ; in Nova Scotia, 56 ; in New Brunswick, 56 ; in Mani* toba, 56 ; in Prince Edward Island, 56. PROPRIETOR, meaning of, 18, 23, 34 ; in right of hia wife, 20, 24, 40,75. PROVINCIAL ELECTIONS, Voters' Lists for, prima facie evi- dence of right to vote, 72, 85, 119 ; franchise for, 179-205. PUBLIC PLACES for posting lists, 121, 122, 134. PUBLIC OFFICERS to post up lists, 121, 122, 135 ; liable for mis- feasance, 105. PUBLICATION : of Voters' Lists, 120, 133 ; of notices of Revision Court in a newspaper, 123, 135. sak in. 27, 129, .99. 16, 207 ; L13-131 ; 19. ^03, 104, in, 17, 140. ition: to QUALIFICATION OF VOTER : rule for determining, 131. QUEBEC, 16, 17, 18, 19, 20, 21, 22, 39, 45, 48, 55, 56, 71, 95, 113, 114, 167, 207 ; franchise in, 16, 17, 95, 187-189 ; disqualifica- tions in, 187 ; " Owner," definition in, 18 ; Ownership in law of 18 ; isufructuary in, 18, 20, 187, 207 ; usager in, 39 ; family status in, 45 ; rent in, 71 ; Resolutions of Revising Ofl&cera, 207. (QUESTIONS of fact, how reviewable on appeal to Judge, I'^S ; not reviewable by Superior Court, 149-151. REASONABLE TIME, 115, 126, 128, 165. REFUSAL to register voter, actionable, 79, 105, 172. REGISTRATION, essential to right to vote, 46, 105, 144, 146, 151, 153. REHEARING, 138. > • . RENT, 33, 34, 37, 50, 70, 71, 95 ; payment of, 70, 71, 95 ; payable in money's worth, 34, 36, 37, 38, 84, 86 : improvements as, 36 ; deductions from, 69, 70 ; in Quebec, 70 ; receipt of, without title, gives no vote, 34. RES JUDICATA, 138. IJESIDENOE, actual, what, 33, 74, 76, 77, 80, 81, 88, 89, 97-99, 103, 104 ; break in, 71, 75, 76, 81, 97, 98 ; constructive, what is, 76, 98 ; compulsory absence from, 76, 97, 98, 101, 102. sMMfi HliDaMH ! I 218 Index. RESOLUTIONS of Revising Officers in Ontario, 206; in Quebec, 207. RETURNING OFFICER disqualified, 107; to procure lists of voters, 153, 161. REVERSIONER, when he may vote, 29, 81. REVISION COURT, purpose of, 149 ; a Court of Record, 142, 143 . where to be held, 162 ; officers of, 168 ; appeal from, 149, 163. REVISING OFFICER, how appointed, 112 ; tenure of office, 112 ; procedure on Preliminary Revision, 47, 113-131, 146-148 ; fixing polling districts 132, 154 ; Final Revision by, 47, 133- 142, 148 ; appeal from, 163 ; general powers, 131, 141, 149, 156 ; disqualified, 107 ; cannot delegate his functions, 168 ; may be reviewed by Superior Court, 149-151. REVIVOR, no provision for, on death of claimant or objector, 137. •? RIGHT OF WIFE," in Quebec, 20 ; in other Provinces, 24, 40, 76.. RIGHT to vote, how affected by appeal, 144, 145, 162. SEPARATE PROPERTIES may be joined to give a qualification, 64, 67, 68. SERVANT, occupation of, 35, 36, 39. SERVICE OF NOTICES, 119, 126, 127, 128, 129. SEVERANCE, actual, in building, 35, 83. SHAREHOLDERS in companies, not qualified, 33, 96, 189. SHED, when a qualification, 51. SIGNATURE of claimant or objector, 127, 128, 163, 176. ' " SIGNATURE of Revising Officer to Usts, 119, 131, 133, 149. SOLICITOR'S CLERK, when disquaUfied, 98, 102. . •: "SON," definition of, 45, 78, 80, 180, 190, 101. ' SOVEREIGNTY of people, their right c ' suffrage, 13, 14. " SPLITTING ACTS, " 65. - *- - SQUATTER on Crown Lands, 37, 73. STABLE, when a qualification, 51. STATUTES, general, construction of, 29, 55, 59, 84, 105, 165 ; fran- chise, construction of, 59, 67, 105, 137, 158 , when imperative^ 115 ; when directory, 99 115, 117, 119, 131, 135, 164, 169-171. STUDENTS, absence as, 81, 88, 90, 101, 102. Index. 219 SUB-LESSEES, 34, 68, 69. ^ SUCCESSIVE OCCUPATION, what, 70, 71, 73, 204. SUFFRAGE, a political right, 13. SUMMONS, for Revision Court, how issued, 154, 167 ; how served, 155 ; what service suflBcient, 128, 1C5, 158 ; contempt of, 155. SUNDAY, service of notices on, 52, 126. TAXATION, an element of qualification in Provincial franchises, 86, 181, 188, 190, 194, 205. TAXES, when deducted from rent, 69, 70. TECHNICAL RULES not binding, 127, 137, 139, 159, 166. TENANCIES, change of, 70, 71, 204 ; break in, 71, 74. TENANT, definition of, 34-36, 82-85 ; qualification of, 67-72, 84, 95 ; change of, 71 , payment of rent a condition, 71 ; rent payable in money's worth, 34, 36, 37, 38, 39, 96 ; lodger as, 82-84. TENANT-IN-COMMON, 91, 93. TIME, computation of, 52, 53, 115, 125, 136. TRUSTEE, not entitled to vote in Quebec, 21, 22, 187 ; nor in the other Provinces, 23, 205 ; in New Brunswick, 194. UNIVERSITY AT TORONTO, former right to elect a member, 15. ^•USAGER" in Quebec, 39. ^'USUFRUCTUARY," in Quebec, when entitled to vote, 18, 20, 187, 188, 107 ; when husband entitled as, 20. ^5 ; fran- IperativBy. 169-171. VALUE, actual, definition of, 48-50, 72 ; difficulties in fixing, 49, > 69 ; what deductable from, 67, 69, 70. VENDOR AND VENDEE, rights of as to voting, 29, 30. VOLUNTEERS in militia, absence from residence on service, 74, 97, 98. VOTER, must vote in polling district where registered, 77, 97, 99, 101, 104 ; duplicate votes as, not allowed, 99 ; rule for deter- mining right of, 131 ; how affected by appeal, 144, 152, 162. VOTERS J in cities and towns, 54-82 ; in counties, 82-91. 220 Index. VOTERS' LISTS ; foundation of the right to vote; 46, 105, 114, 116 146, 151, 153, 161 ; preliminary revision, 47, 147 ; final revi- sion, 47, 149 ; binding on Election Court, 146, 153 ; for pro- vincial elections, 114, 119, 181, 188, 190, 195, 198; price of copies of, 134, 152. VOTES, illegal multiplying of, 65, 66. WIFE, when her husband may vote in respect of her property, 24, 29, 40, 75, 187, 194 ; her right to possession of her property, 40, 76 ; her separate estate not a qualification, 26. WILFUL REFUSAL to register voter, what, 105, 172 ; reasonable notice imputes, 173. WINDMILL, affixed to land, when a qualification, 51. WITNESS' FEES, scale of, 156. WITNESSES, voters may be examined as, 55, 141 ; so may claimant, 141 ; compelling attendance of, 142, 149, 155, 167. WOMEN have now no common law right to vote, 41, 47, 57 ; their former right, 41 ; marriage a disqualification, 40 ; offices held by, 40-42 ; their property not represented on voters' lists, 40 ; a woman is not a ** person " within the Act, 40. M ■■ /;;o 5, 105, 114, 116 147 ; final revi- 3, 153 ; for pro- 5, 198 ; price of er property, 24, of her property, 26. 172; reasonable 141 ; so may 149, 155, 167. I, 47, 57 ; their 40 ; offices held voters' lists, 40 ; K