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ber of the said House of Commons, his election shall be null and void.
2. If any Member of the House of Commons shall be elected A Member of
h osted the House of and returned to any Legislative Assembly, or shall be elected to or appointed a Member of any Legislative Council, and accept elected to or
mas appotnted to a the seat, his election as a Member of the House of Commons appo
ole seat in a Proshall thereupon become null and void, and his seat shall be vncial Legisvacated, and a new writ shall issue forthwith for a new electiod, "lature and
** accepting it, as if he were naturally dead : Provided always, that ang Mom- to vacate his ber of the House of Commons, so elected or appointed without seat in the
Commons. his knowledge or consent, and who, without taking his.geat in the Proviso, as to Provincial Legislature, within ten days after having.been notified Members of his election, or if he is not within the Provinoe.at the time, il
Provin ' the time elected or ap
erroc . ab ae bwe, pointed withthen within ten days after his arrival within the Province, resigns out their his seat and notifies the Speaker of the House of Commons, he knowledge. shall hold his seat in the House of Commons as if no election or appointment to a seat in a Provincial Legislature had been made.
3. If any person who is made by this Act ineligible as a Penalty on Member of the House of Commons, or incapable of sitting or persons hereby
declared voting therein, does, nevertheless, so sit or vote, he shall forfeit ineligible, sitthe sum of two thousand dollars for every day he sits or votes, ing and voting and such sum may be recovered from him by any person who of Commons.
in the House will sue for the same, by action in any form allowed by the law of procedure in the Province in which the action is brought, in any court having jurisdiction.
4. This Act shall apply to any election of a Member of the Act to apply House of Commons which may take place after the passing held etter it thereof, during the continuance of the present Parliament, and passing. to any member elected thereat.
37 VICT. CAP. 10.*
An Act to make better provision for the trial of Con
troverted Elections of Members of the House of
[Assented to 26th May, 1874.]
CHEREAS it is expedient by one law, common to the whole Preamble.
Dominion of Canada, to make better provision for the
* See also next Act, 38 V. c. 10.
trial of Election Petitions, and the decision of matters connected with Controverted Elections of Members of the House of Commons of Canada: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
38 V., c. 23 ... 1. The Act passed in the thirty-sixth year of Her Majesty's repealed.
roign, intituled : “An Act to make better provision respecting Election Petitions, and matters relating to Controverted Elec
tions of Members of the House of Commons,” is hereby repealed, Exception.
except only as respects Elections held before the passing of this Act; with respect to which, and all matters connected with or pending upon them, it shall remain in force; and the Acts and enactments repealed by the said Act shall remain repealed, notwithstanuing its repeal.
2. This Act may be cited for all purposes as “The Dominion Controverted Elections Act, 1874."
In this Act, and fo Elections in the several Courts herein
Interpretation 3. In this Act, and for the purposes thereof, the expression, clause.
“the Court," as respects Elections in the several Provinces here“ The Court.” inafter mentioned, respectively, shall mean the Courts herein
after mentioned, or any Judges thereof, viz:
1. Relates to the Province of Quebec.
2. In the Province of Ontario, any of the following Courts, viz : the Court of Error and Appeal, the Court of Queen's Bench, the Court of Common Pleas and the Court of Chancery, and the Chancellor, and Vice-Chancellors of the said Court, for that Province ;
3. Relates to the Province of Nova Scotia.
4. Relates to the Province of New Brunswick.
5. Relates to the Province of Manitoba.
6. Relates to the Province of British Columbia.
7. Relates to the Province of Prince Edward Island.
Powers of the court to be as in ordinary cases, when not otherwise provided.
And each of the said Courts, respectively, shall, subject to the provisions of this Act, have the same powers, jurisdiction and authority, with reference to an election petition and the proceedings thereon, as if such petition were an ordinary cause within its jurisdiction.
Clause relating to the Province of Quebec.
“ The Judge.”
The expression “the Judge," shall mean the judge trying the election petition, or performing any duty to which the enactment in which the expression occurs has reference, and the word “judge” shall include the Chief Justice of the Court, and the
Chancellor and Vice-Chancellors of the Court of Chancery of the
4. The following terms shall, in this Act, have the meaning Interpretation hereinafter assigned to them, unless there is something in the of other torms. context repugnant to such construction, that is to say :
“Member,” shall mean a member of the House of Commons of Canada;
“ Election," shall mean an election of a member to serve in the House of Commons of Canada;
“Electoral District,” shall mean an electoral district entitled to return a member or members ;
“ Candidate,” shall mean any person elected to serve as a member, and any person who has been nominated as a candidate at an election;
“ Corrupt practices,” or “ corrupt practice," shall mean acts in reference to elections which are declared to be corrupt practices by “ The Dominion Elections Act, 1874,” or any other Act of the Parliament of Canada, or recognized as such by the common law of Parliament;
See 37 V., c. 9, secs. 75 and 92–98, ante pages 70 and 72, for enumeration of corrupt practices.
“Rules of Court,” shall mean rules to be made as hereinafter mentioned;
“Prescribed,” shall mean “prescribed by this Act, or by the rules of Court made in virtue of this Act;'
“Clerk of the Court,” shall mean the Clerk of the Crown, Chief Clerk, or Prothonotary, or any officer of the Court, prescribed for the purpose in question.
5. For the purposes of this Act, the expression, “the The Speaker. Speaker,” shall mean the Speaker of the House of Commons ; and when the office of Speaker is vacant, or when the Speaker is absent from Canada, or is unable to act, the Clerk of the House of Commons, or any other officer for the time being performing the duties of the Clerk of the said House, shall be deemed to be substituted for and included in the expression “the Speaker.”
6. The rotation or order in which any duties, assigned by Rotation of this Act to a single judge, shall be performed by the Judges of courus for duty
of judges and the Court respectively, and in Ontario the distribution of cases under this under this Act among the courts mentioned in sub-section 2 of Act.
section 3, shall, if not prescribed by the law of the Province or
the practice of the Court, be arranged by the Judges among Proviso: as to themselves : Provided always, that in all election cases pending cases now in the Province of Ontario, the petitions may be heard and als pending.
questions disposed of by any Judge of the Superior Courts of that Province, although not of the Judges composing the Elections Court, under the provisions of the Act of one thousand eight hundred and seventy-three, chapter twenty-seven.
Election petitions, what and by whom to be made.
7. A petition complaining of an undue return, or undue election of a member, or of no return or double return, or of any unlawful act, by any candidate not returned, by which he is alleged to have become disqualified to sit in the House of Commons, at any election held after the passing of this Act, may be presented to the Court by any one or more of the following persons :
1. Some person who had a right to vote at the election to which the petition relates : or
2. A candidate at such election.
And such petition is in this Act called an election petition : Provided always that nothing herein contained shall prevent the sitting member from objecting under section ten, to any further proceeding on the petition by reason of the ineligibility or disqualification of the petitioner, or from proving under section sixty-six, that the petitioner was not duly elected.
8. The following enactments are made with respect to the presentation of an election petition under this Act:
Form and contents.
1. The petition may be in any prescribed form; but if or in so far as no form is prescribed, it need not be in any particular form, but it must complain of the undue election or return of a member, or that no return has been made, or that a double re. turn has been made, or of matter contained in any special return made, or of some such unlawful act as aforesaid by a candidate not returned, and it must be signed by the petitioner, or all the petitioners if there are more than one.
Time for pre senting.
2. The petition must be presented not later than thirty days after the day of publication in the Canada Gazette of the receipt of the return to the writ of election by the Clerk of the Crown in Chancery, unless it questions the return or election upon an allegation of corrupt practices, and specifically alleges a payment of money or other act of bribery to have been committed by any member, or on his account, or with his privity, since the time of such return, in pursuance or in furtherance of such corrupt practice, in which case the petition may be presented at any time within thirty days after the date of such payment or act so committed ; and in case any such petition is presented, the sitting member, whose election and return is petitioned against, may, not later than fifteen days after service of such petition against his election and return, file a petition complaining of any unlawful and corrupt act by any candidate at the same election who was not returned and who is not a petitioner, and on whose behalf the seat is not claimed ;
3. Presentation of a petition shall be made by delivering it How preat the office of the clerk of the court, during office hours, or in so any other prescribed manner;
4. At the time of the presentation of the petition, security Security to be for the payment of all costs, charges and expenses that may given. become payable by the petitioner,
(a) To any person summoned as a witness on his behalf, or
(6.) To the member whose election or return is complained of (who is hereinafter referred to as the respondent), or
(c.) To the Returning Officer, if his conduct be complained of,
(d.) To the candidate not elected, whose conduct is complained of as aforesaid,
Shall be given on behalf of the petitioner;
3. The security shall be to the amount of one thousand dol- Security. lars, and shall be given by a deposit of money with the Clerk Am
and how of the Court;
6. The deposit shall not be valid unless it is made in gold Gold or coin, or Dominion notes being a legal tender under the Statutes of the Dominion at the time when the deposit is made ;
7. The Clerk of the Court shall give a receipt for such deposit, Receipt for which shall be evidence of the sufficiency thereof;
8. On the presentation of the petition, the Clerk of the Court Copy of
petition to shall send a copy thereof by mail to the Returning Officer of Returning the Electoral District to which the petition relates, who shall Officer. forthwith publish the same in such Electoral District.
9. Notice of the presentation of a petition under this Act, Notice to
respondents. and of the security, accompanied with a copy of the petition, shall, within five days after the day on which the petition shall have been presented, or within the prescribed time, or within such longer time as the court, or any judge thereof, may, under special circumstances or difficulty in effecting service, allow, be served by the petitioner on the respondent or respondents. In case service cannot be effected on the respondent or respon