FORM 18.

(Section 20.)

ORDER FOR PAYMENT OF COSTS.

"The Voters' Lists Act."

18

and of

In the matter of the Voters' List for the Municipality of the complaint and appeal to the Judge of the County Court of the County of by A. B., complaining of the name of C. D. being wrongly inserted in the said List (or, as the case may be, stating in brief the nature of the complaint.)

On proceedings taken before me, pursuant to the said Act, I find and adjudge that the name of the said C. D. was rightly inserted in the said List (or, "was wrongly inserted in the said List "), and order that the said A. B. do pay the said C. D. his costs occasioned by the said complaint (or, "and order that the said C. D. shall pay the said A. B. his costs incident to the said complaint," or, "and order that E. F., the Assessor of the said Municipality, being blameable for such wrong insertion, do pay the said A. B., his costs incident to the said complaint,”—or, as the order may be, stating it in brief), said costs to be taxed pursuant to the said Act. Dated at

this

day of

18

FORM 19.

(Section 21.)

Judge.

WRIT OF EXECUTION.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith.

To the Sheriff of the

Greeting:

We command you that of the goods and chattels in your bailiwick of C. D., you cause to be made dollars, for certain costs which lately, by an order of His Honour Judge of the County Court of dated the day of 18 were ordered to be paid by the said C. D. to A. B, as and for his costs sustained by him on the trial of a complaint against the Voters' List for the Municipality of in the said County, for 18 made and prosecuted under the provisions of "The Voters' Lists Act," which said costs have been taxed and allowed at the said sum, as appears of record; and have that money before our Judge of our said Court at immediately after the execution hereof; and in what manner you shall have executed this our writ, make appear to our Judge aforesaid at immediately after the execution thereof, and have you there then this writ. Witness, His Honour Judge of our said Court, at

ORDER FOR ASSESSMENT OF PERSONS OMITTED FROM ROLL, ETC.

The persons mentioned in the first column of the.. Schedules following not being

,

assessed, or not being sufficiently assessed, on the Assessment Roll of the Municipality of for the year 18 and having been found entitled to vote, on proceedings taken before me, Judge of the County of under "The Voters' Lists Act"-In pursuance of the twenty-second section of the said Act, it is adjudged that the said parties mentioned in the first column of the following Schedules respectively should have been assessed for the sums mentioned in the second columns respectively opposite their respective names, in respect to the land or other property or qualification mentioned in the third columns of the said Schedules respectively opposite the respective names of said parties, and it is ordered that the said parties should be assessed accordingly.

Municipality of

Column 2.

Amount for which the

Column 3.

Property in respect to

sessment exists.

Assessment Roll for the parties should have been which the liability to as

for the assessed.

year 18, but not assessed.

Schedule 2.

Column 1.

Names of persons not suf

ficiently assessed on

Column 2.

Amount for which the

Column 3.

the parties should be assessed Property in respect to

Assessment Roll for the in addition to the amount which the liability to as

Municipality of

the year 18

for already on the Assessment sessment exists.
Roll.

FORM 21.

(Section 24.)

APPLICATION TO JUDGE AGAINST DELINQUENT CLERK.

66

Pursuant to the twenty-fourth section of "The Voters Lists Act," I, A. B., Clerk of the Peace for the County of (or, a person entitled to be na ed as an elector on the Voters List for the Municipality of for 18 ,") hereby inform His Honour the Judge of the County Court of the said County, that C. D., Clerk of the Municipality of in the said County, has failed to perform the duties required of him as such Cleek by the said Act, in this, that he the said C. D. has not made out the Alphabetical List of Voters for 18 for the said Municipality, within thirty days after the final revision and correction of the Assessment Roll thereof (or. has not delivered or transmitted printed copies of the Voters' List for the said Municipality, for 18 to and and or to any

of them" or, as the case may be, stating in brief the duty not performed), according to the requirements of the said Act; and I apply to you the said Judge to enforce the performance of the duties aforesaid, and to take such other proceedings as may be

Whereas it appears by the application of A. B., the Clerk of the Peace for the said County (or, a person entitled to be named as an elector on the said List "), made to me, in pursuance of the said Act, that you, C. D., the Clerk of the said Municipality, have failed to perform certain duties required of you by the said Act, in this that you have not made out the Alphabetical List of Voters for 18 for the said Municipality, within thirty days after the final revision and correction of the Assessment Roll thereof (or, as the case may be, following the application); and whereas the said A. B. has applied to me to enforce the performance of the duties aforesaid; You, the said C. D., are therefore hereby required to be and appear before me at my Chambers, in on the day of 18 at the hour of and then and there have with you and produce before me the Assessment Roll for 18 for the said Municipality, and any documents in your custody, power or control. relating to the Assessment Roll, or to the Voters' List aforesaid; and then and there submit yourself for the examination on oath as may be required of you. Herein fail not at your peril.

Dated this

To C. D.,

Judge.

THE

ONTARIO PROVINCIAL FRANCHISE.

THE LISTS

AN ACT TO GIVE FINALITY TO VOTERS' LISTS AND FOR OTHER PURPOSES.

[Assented to 7th March, 1878.]

HER Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This Act may be cited as "The Voters' Lists Finality Short title. Act" (a).

2. In this Act unless there be something in the con- Interpretation. text repugnant to such a construction :-

(a) In 1858 the provisions of 16 Vic., c. 153, the first Canadian Act providing for the registration of voters, were re-enacted and the Assessment Roll made conclusive as to the right to vote. In 1874 the system of revision of the Voters' Lists by the County Judges was adopted in Ontario. The finality provision of the Act of 1858 had however been repealed by 32 Vic. c 21, but the principle was again adopted in this Act.

See also report of Richards, C. J., in Stormont case, (Sept. 1871) recommending finality, 1 H. E. C 42, and 5 Leg. Ass Journals, 1871-2, p. 6.

"Election";

"To vote";

tices"; "Far

mers' Son."

(1.) The word "Election," the words "to vote," the "Corrupt Prac- words "Corrupt Practices," and the words "Farmers' Son," shall respectively have the meaning given thereto by section two of "The Election Act of Ontario" (b); (2.) The word "voter" shall mean a person entitled to vote, or to be named in the voters' list;

"Voter."

"List"; "Voters' List.

"Scrutiny."

"Clerk of the Peace"; "County Judge."

Certified voters' list conclusive

(3.) The word "List," and the words "Voters' List," shall respectively mean the alphabetical list referred to in section two of The Voters' Lists Act," or in section four of the Act passed in the fortieth year of Her Majesty's reign, and chaptered twelve, as the case may be (c);

(4.) The word "scrutiny" (ce) shall mean any scrutiny of the votes polled at an election within the meaning of sections seventy-two and the nine next succeeding sections of "The Controverted Elections Act of Ontario”; and

(5.) The words "Clerk of the Peace," shall mean the Clerk of the Peace for, and the words " County Judge shall mean the Judge of the County Court for the County or union of Counties within which lies the municipality for or in respect of which the voters' list is made.

3. Every voters' list which under this Act, or under sections eleven and twelve of "The Voters' Lists Act," or

(b) The first three expressions will be found in section 2 of the Election Act, as amended by the Franchise and Representation Act, 1885, s. 2, ante, but the expression "Farmers' Son," has disappeared from that section, the farmers' sons franchise having become merged in that of the landholder's sons" class. As to what are "Corrupt Practices," see chapter thereon, post.

66

(c) These Acts are both merged in Rev. Stats., c. 9, ante.

(cc) Where by an election petition, the seat is claimed for the unsuccessful candidate, alleging that he had a majority of the legal votes polled, a scrutiny of the votes is entered upon. The enquiry into each vote is a separate case. The trouble and expense entailed by this system no doubt largely influenced the Legislature in passing this Act and thereby greatly narrowing the scope of the scrutiny.