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CHAPTER 11.

An Act respecting the Legislative Assembly.

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PENALTIES FOR SITTING AND VOTING WHILE DISQUALIFIED, S. 14. AFFIDAVIT TO BE MADE BY MEMBERS

ELECT AS TO ELECTION EXPENSES, s. 15. RESIGNATION OF MEMBERS, ETC., AND

FILLING VACANCIES

Resignation before meeting of Assembly after a general election, s. 17.

New election in such cases not

to affect right to contest pre-
vious election, s. 18.

New election where election de-
clared void, ss. 19-21.
Persons declared not elected not
to sit or vote, s. 22.
Person declared elected may sit
and vote, s. 23.

Writ for new election not to
issue during session, s. 24.
Resignation by member in his
place, or by notice to Speaker,
s. 25.
Resignation when there is no
Speaker, s. 26.

Issue of warrant for new election, ss. 27, 28. THE SPEAKERElection, ss. 29, 30. Salary, s. 31.

LEGISLATIVE ASSEMBLY

Compelling attendance of witnesses, ss. 37, 38.

Protection to persons acting under warrants, etc., s. 39.

Freedom of speech, s. 40. Freedom from arrest, s. 41. Exemption from jury service, s. 42. Penalty for receiving fees, for matters intended to come before the Assembly, ss. 43-45. Receiving fees to be a corrupt prac

tice and to vacate seat, ss. 46, 47. POWERS OF ASSEMBLY TO INQUIRE

INTO AND PUNISH CERTAIN OF-
FENCES-

Assaults, insults, libels, s. 48 (1).
Obstructing, threatening, s. 48 (2).
Bribery, s. 48 (3).

Interference with officers, s. 48 (4).
Tampering with witnesses, s. 48(5).
Giving false evidence, s. 48 (6).
Disobeying subpoena, s. 48 (7).
Presenting false documents, s. 48,
(8).

Falsifying records, s. 48 (9).
Bringing action for conduct as a
member, s. 48 (10).

Arresting members for debt, s. 48 (11).

Punishments, ss. 49-51. PROTECTION OF PERSONS PUBLISHING

PAPERS PRINTED BY ORDER OF

THE ASSEMBLY, ss. 52, 53. PRINTED JOURNALS TO BE EVIDENCE, s. 54.

OTHER PRIVILEGES NOT AFFECTED BY
THIS ACT, s. 55.
QUORUM, S. 56.

MANNER OF VOTING, s. 57.
MONEY VOTES, s. 58.
ESTATE BILLS, s. 59.

ADMINISTRATION OF OATHS TO WIT-
NESSES, ss. 60, 61.

INDEMNITY TO MEMBERS, ss. 62-71.

Assembly to

ty members.

HE

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

:

1. The Legislative Assembly shall be composed of ninety consist of nine- members to represent the eighty-eight Electoral Districts mentioned in The Act respecting the Representation of the People in the Legislative Assembly. R. S. O. 1877, c. 12, s. 1; 48 V. c. 2, s. 7.

Rev. Stat. c. 7.

Legislature not dissolved by demise of the Crown.

Power to prorogue or dissolve not affected.

Duration of
Legislative
Assembly.

Yearly Ses

2.-(1) No Legislative Assembly summoned or called in and for this Province shall determine or be dissolved by the demise of the Crown, but the Assembly shall continue, and may meet, convene and sit, proceed and act, notwithstanding the demise of the Crown, in the same manner as if such demise had not happened.

(2) Nothing in this section shall alter or abridge the power of the Crown to prorogue or dissolve the Assembly. R. S. O. 1877, c. 12, s. 2.

3. Every Legislative Assembly shall continue for four years from the fifty-fifth day after the date of the writs for the election, and no longer (subject to being sooner dissolved by the Lieutenant-Governor):

But in case of a General Election at such time of the year that the election for the Electoral District of Algoma West and the Electoral District of Algoma East does not take place at the same time as the other elections, and if the LieutenantGovernor (notwithstanding) sees occasion for a meeting of the Legislature before the election for the Electoral District of Algoma West and the Electoral District of Algoma East, the members elect for the other Electoral Divisions of the Province and the members elected for the Electoral District of Algoma West and the Electoral District of Algoma East at the last election theretofore had for said Electoral Districts respectively, shall constitute a lawful Assembly for the despatch of business, and may be summoned to meet accordingly:

And in such case the members elected for the Electoral District of Algoma West and the Electoral District of Algoma East at the last election aforesaid, shall represent the same until the new election therefor shall have taken place, and the return of the writ in that behalf shall have been received by the Clerk of the Crown in Chancery:

And in such case the duration of the new Assembly shall be four years from the day for which the Assembly was so summoned to meet for the despatch of business and no longer (subject to being sooner dissolved by the Lieutenant-Governor). 42 V. c. 4, s. 3; 48 V. c. 2, s. 12 (1-3).

4. There shall be a Session of the Legislature once at least sion of Legisla in every year, so that twelve months shall not intervene

ture.

between the last sitting of the Legislature in one Session and its first sitting in the next. R. S. O. 1877, c. 12, s. 4.

5. It shall not be necessary for the Lieutenant-Governor in Prorogation of proroguing the Legislature to name any day to which the same Legislature: formal proclais prorogued; nor to issue a formal proclamation for a mations abolmeeting of the Legislature when it is not intended that the ished. Legislature shall meet for despatch of business. 42 V. c. 4, s. 2.

DISQUALIFICATION AS MEMBERS.

6. No Senator, and no Privy Councillor of the Dominion No Senator or of Canada who is a member of the House of Commons, shall Privy Councillor eligible. be eligible as a member of the Legislative Assembly, nor shall he sit or vote in the same. R. S. O. 1877, c. 12, s. 5.

bers of

7. If any person, being a member of the Legislative Assem- Members of the Legisla bly, sits or votes as a member of the House of Commons of tive Assembly. Canada, his election to the Legislative Assembly shall thereby not to be membecome void and his seat shall be vacated, and he shall become House of incapable of sitting or voting in the Legislative Assembly, and Commons. a writ shall issue for a new election in the manner provided for in sections 27 and 28 of this Act, and such person shall not be eligible for re-election as a member of the Legislative Assembly so long as he continues to be a member of the House of Commons. R. S. O. 1877, c. 12, s. 6.

8.-(1) Except as hereinafter specially provided, no person

Persons holding office, etc.,

tion of the

(a) Accepting or holding any office, commission or employ- at the nominament either in the service of the Dominion of Canada, Crown, etc., or in the service of the Government of Ontario, at ineligible. the nomination of the Crown or of the LieutenantGovernor, to which a salary, or any fee, allowance or emolument in lieu of a salary from the Crown or from the Province is attached, or

(b) Accepting or holding any office, commission or employment of profit at the nomination of the Crown, or of the Government, or of any head of a Department in the Government of Ontario, whether such profit is or is not payable out of the public funds,

shall be eligible as a member of the Legislative Assembly, or shall sit and vote in the same during the time he holds such office, commission or employment.

(2) Nothing in this section shall render ineligible, or dis- Exception. qualify to sit or vote, any person who was on the second day of March, 1872, a member of the Legislative Assembly, and who was at the time of his election holding an office, commission or employment, which would, but for this sub-section, disqualify

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(3) Nothing in this section shall render ineligible as aforesaid, any person being a member of the Executive Council, or holding any of the following offices, that is to say-AttorneyGeneral, Secretary and Registrar of the Province, Treasurer of the Province, Commissioner of Crown Lands, Commissioner of Agriculture, Commissioner of Public Works or Minister of Education, or shall disqualify him to sit or vote in the Legislative Assembly, provided he is elected while holding such office, and is not otherwise disqualified.

(4) Nothing in this section shall render ineligible, as aforesaid' or disqualify to sit and vote in the Legislative Assembly, any officer of Her Majesty's Army or Navy, or any officer in the Militia or Militiaman (except officers on the Staff of the Militia receiving permanent salaries), or any Justice of the Peace, Coroner or Notary Public, or any person who, on the fifth day of March, 1880, held the office of Division Court Clerk, under the nomination or appointment of a Judge of a County Court, unless he is otherwise disqualified. R. S. O. 1877, c. 12, s. 7; 43 V. c. 8, s. 38; 46 V. c. 2, s. 7.

9. No person whosoever, holding or enjoying, undertaking or executing, directly or indirectly, alone or with any other, by himself or by the interposition of a trustee or third party, any contract or agreement with Her Majesty, or with any public officer or department, with respect to the public service of Ontario, or under which any public money of Ontario is to be paid for any service or work, matter or thing, shall be eligible as a member of the Legislative Assembly, nor shall he sit or vote in the same. R. S. O. 1877, c. 12, s. 8.

10.-(1) A person shall not be incapable of being elected a member of the Legislative Assembly by reason of his being a surety for a Sheriff, Registrar, County Attorney, Clerk or Bailiff of a Division Court, or other public officer, or by reason of his being a surety or contractor for the payment of the maintenance of a patient at a public asylum for the insane, unless he is otherwise disqualified..

(2) But any person who is elected a member of the Legislative Assembly, being at the time of his election a surety as aforesaid, shall, before he sits or votes in the Legislative Assembly, take and complete such action as may be requisite to relieve him from any thereafter accruing liability in respect of his suretyship, and no person who is liable as such surety in respect of any accruing matter shall sit or vote in the Legislative Assembly. 46 V. c. 2, s. 8.

11. The provisions of the preceding section shall not be regarded as a legislative declaration that the persons in the said section described, or any of them, come within the disqualification of the said section. 46 V. c. 2, s. 9.

12. If any person hereby disqualified or declared incapable Election of of being elected a member of the Legislative Assembly, is person disnevertheless elected and returned as a member, his election and void. return shall be null and void. R. S. O. 1877, c. 12, s. 9.

qualified to be

seat to be

13.—(1) If any member of the Legislative Assembly becomes If member disa member of the Executive Council, or if by accepting any cepting office qualified by acother office or becoming a party to any contract or agree- or contract, ment as in section 9 mentioned, he becomes disqualified vacated. by law to continue to sit or vote in the Legislative As- May be resembly, his election shall thereby become void, and his seat elected. shall be vacated, and a writ shall, in the manner provided by sections 27 and 28 of this Act, issue for a new election as if he were naturally dead; but he may be re-elected if he be not declared ineligible under this Act.

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(2) Nevertheless, whenever any person holding the office of Certain offiAttorney-General, Secretary and Registrar of the Province, cers may reTreasurer of the Province, Commissioner of Crown Lands, Com- and accept missioner of Agriculture, Commissioner of Public Works or another without vacating Minister of Education, and being at the same time a member of seat. the Legislative Assembly, resigns his office, and within one month after his resignation accepts any other of the said offices, he shall not thereby vacate his seat in the Legislative Assembly, unless the Administration of which he was a member has resigned, and a new Administration occupies the said offices; or in case a member of the Executive Council Acceptance of holding any one of the said offices, is appointed to hold another additional office in addition to or in connection with such first mentioned office, no office, he shall not thereby vacate his seat in the Legislative seat. Assembly; and any increase or change of emolument arising from the holding of such two offices shall not cause any vacancy, or render a re-election necessary. R. S. O. 1877, c. 12, s. 10.

vacation of

shall sit or

14.-(1) No person disqualified by this Act or by any other No disqualilaw, to be elected a member of the Legislative Assembly, shall sit fied person or vote in the same while he remains under such disqualifica- vote. tion; and if any person by this Act made ineligible as a member of, or declared incapable of sitting or voting in the Legisla- Penalty. tive Assembly, sits or votes therein while he is so ineligible or incapable, he shall thereby forfeit the sum of $2,000 for every day on which he so sits or votes; and such sum may be recovered from him by any person who will sue for the same How recoverby action in any Court of competent civil jurisdiction in able. Ontario.

(2) In case an action, is brought, and judgment therein is Proceedings recovered against the defendant, no proceedings shall be had after recovery in any other action, against the same person, for any such offence of judgment. committed before the time of notice to him of the recovery

of the judgment.

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