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elapsed before the prorogation of Parliament at the end of the
present Session, such trial may be commenced at any time
within two months after such prorogation; provided further Proviso.
that whenever three months have elapsed after such petition has
been presented, without the day for the trial being fixed, any
elector may, on application, be substituted for the petitioner on
such terms as shall be just.

amended.

3. Section twenty-nine of the Act secondly mentioned in the Sect. 29 of 37 preamble to this Act is hereby amended by striking out the V., c. 10, word "immediately," where it occurs in the sixth line of the said section, and inserting the words "within four days" in lieu thereof.

4. In case on the trial of any Election Petition under either When agent of the said Acts, it is determined that the election is void by may be made to pay costs. reason of any act of an agent committed without the knowledge and consent of the candidate, and that costs should be awarded to the petitioner in the premises, the agent may be condemned to pay such costs; and the court or judge shall order that such agent be summoned to appear at a time fixed in such summons, Summons to in order to determine whether such agent should be condemned agent. to pay such costs: If at any time so fixed the agent so sum- If he does not moned do not appear he shall be condemned on the evidence appear. already adduced to pay the whole or a due proportion of the

costs awarded to the petitioner; and if he do appear, the court If he appears. or judge after hearing the parties and such evidence as shall be adduced shall give such judgment as to law and justice shall appertain: The petitioner shall have process to recover such Process to recosts against such agent in like manner as he might have such cover costs. process against the respondent; and no process shall issue against the respondent to recover such costs until after the return of process against such agent.

removed.

5. Whereas doubts have arisen as to the proper construction Sects. 73, 101 of sections seventy-three, one hundred and one, and one hun- and 103 of 37 V., c. 9, cited, dred and three, of "The Dominion Elections Act, 1874," and and doubts as to the effect upon elections held under the said Act, of the under them avoiding of previous elections, it is hereby enacted, that elections held under the said Act, as well elections already held as elections hereafter to be held, shall be deemed and taken, as respects both candidates and voters, to be new elections in law and in fact to all intents and purposes whatsoever, except as to the personal acts of the candidates and the acts of agents of candidates done with the knowledge and consent of such candidates.

to Controvert

6. The next preceding section shall also apply to controverted How far sect. elections tried under "The Controverted Elections Act, 1873," ❞ 5 shall apply as to the effect upon the status of the candidate of the acts of ed Elections agents done without the knowledge or consent of the candidate, but no further or otherwise.

under 36 V. o.

Sect. 67 of 37 V., c. 10, amended.

Provision in

under 36 V., c. 28, not tried

within a year.

7. The sixty-seventh section of the said secondly recited Act is hereby amended by striking out therefrom, wherever they occur, the words "and who is not a member of the House of Commons."

8. In every case of an Election Petition presented under case of Petition "The Controverted Elections Act, 1873," in which twelve months shall have elapsed since the said petition was presented, and it shall then be untried, the respondent may require, and the petitioner within six days after demand, shall give new security in accordance with the terms of " The Dominion Controverted Elections Act, 1874," for the payment of all costs, charges and expenses that may become payable by the petitioner in respect of such petition; and in default of such security being given when so demanded within the time aforesaid, the said petition shall be dismissed.

Preamble.

Privileges, &c.

as those of the

mons of the

31 VICT. CAP. 23.

An Act to define the privileges, immunities and powers of the Senate and House of Commons, and to give summary protection to persons employed in the publication of Parliamentary Papers.

HE

[Assented to 22nd May, 1868.]

ER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as

follows:

1. The Senate and the House of Commons respectively, and to be the same the Members thereof respectively, shall hold, enjoy and exercise House of Com- such and the like privileges, immunities and powers as, at the time of the passing of the British North America Act, 1867, dom, at the were held, enjoyed and exercised by the Commons House of passing of the Parliament of the United Kingdom of Great Britain and Union Act. Ireland, and by the Members thereof, so far as the same are consistent with and not repugnant to the said Act.

United King

Such privileges to be

noticed judi

cially.

Printed copy

2. Such privileges, immunities and powers shall be deemed to be and shall be part of the General and Public Law of Canada, and it shall not be necessary to plead the same, but the same shall in all Courts in Canada and by and before all Judges be taken notice of judicially.

3. Upon any inquiry touching the privileges, immunities and of Journals to powers of the Senate and of the House of Commons or of any Member thereof respectively, any copy of the Journals of the

be evidence

thereof.

31 VICT. C. 23.] PRIVILEGES OF SENATE AND H. OF COMMONS.

Senate, or House of Commons, printed or purporting to be printed by the order of the Senate or House of Commons, shall be admitted as evidence of such Journals by all Courts, Justices, and others, without any proof being given that such copies were so printed.

123

reports, &c.,

proceedings on

4. Any person who shall be a Defendant in any Civil or In suit, &c., Criminal proceedings commenced or prosecuted in any manner for publishing soever for or on account of or in respect of the publication of any Court or report, paper, votes or proceedings, by such person or by his Judge, to stay servant, by or under the authority of the Senate or House of proof that the Commons, may bring before the Court in which such proceedings publication shall be so commenced or prosecuted or before any Judge of the rity of either was by authosame, first giving twenty-four hours' notice of his intention so House. to do to the prosecutor or plaintiff in such proceeding or to his Attorney or Solicitor, a certificate under the hand of the Speaker or Clerk of the Senate or House of Commons, as the case may be, stating that the report, paper, votes or proceedings, as the case may be, in respect whereof such Civil or Criminal proceedings shall have been commenced or prosecuted, was or were published by such person or by his servant, by order or under the authority of the Senate or House of Commons, as the case may be, together with an affidavit verifying such certificate; and such Court or Judge shall thereupon immediately stay such Civil or Criminal proceedings, and the same or every Writ or Process issued therein shall be and shall be deemed and taken to be finally put an end to, determined and superseded by virtue of this Act.

menced here

5. In case of any Civil or Criminal Proceedings hereafter to The like in be commenced or prosecuted for or on account or in respect of the cases compublication of any copy of such report, paper, votes or proceed- after. ings, the defendant at any stage of the proceedings may lay before the Court or Judge, such report, paper, votes or proceedings, and such copy, with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy, and the Court or Judge shall immediately stay such Civil or Criminal proceedings, and the same and every Writ or Process issued therein, shall be and shall be deemed to be finally put an end to, determined and superseded by virtue of this Act.

6. It shall be lawful in any Civil or Criminal proceeding to What proof be commenced or prosecuted for printing any extract from or may be made under the plea abstract of any such report, paper, votes or proceedings, to give of general in evidence under the general issue or denial, such report, issue, in action for publishing paper, votes and proceeding, and to show that such extract or extracts, &c., abstract was published bond fide and without malice, and if of such such shall be the opinion of the Jury, a Verdict of not guilty shall be entered for the Defendant.

reports.

Offices of pro

31 VICT. CAP. 25.

An Act further securing the Independence of Parlia

ment.

[Assented to 22nd May, 1868.]

HER Majesty, by and with the advice and consent of the

follows:

Senate and House of Commous of Canada, enacts as

1. Except as hereinafter specially provided:

"1. No person accepting or holding any office, commission or employfit, &c., under "ment, permanent or temporary, in the service of the Government of Government "Canada, at the nomination of the Crown, to which an annual salary, or of Canada to any fee, allowance or emolument or profit of any kind or amount whatdisqualify. ever from the Crown is attached, shall be eligible as a member of the "House of Commons, nor shall he sit and vote in the same, during the "time he holds such office, commission or employment.

Exception as to Members of the Privy Council, or

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The first sub-section was amended so as to read as above, by 34 V., c. 19, sec. 1, see page 127, post. But the sub-section so amended is to be subject to the exceptions made in the two following sub-sections of the said section.

2. Nothing in this section shall render ineligible as aforesaid, any person holding any of the following offices, that is to say: President of the Privy Council, Receiver-General, Minister of persons hold Finance, Minister of Justice, Minister of Militia and Defence,

ing certain

offices.

Proviso.

Exception as to one Commissioner of

Secretary of State, Secretary of State for the Provinces, Min-
ister of Public Works, Postmaster-General, Minister of Agricul-
ture and Emigration, Minister of Inland Revenue, Minister of
Customs, or Minister of Marine and Fisheries, or shall dis-
qualify him to sit or vote in the House of Commons, provided
he be elected while holding such office, and not otherwise dis-
qualified;

Also the Minister of the Interior, 36 V., c. 4. The office of
Secretary of State for the Provinces is abolished. 36 V., c. 4,

sec. 14.

3. Nothing in this section shall render ineligible, as aforesaid, or disqualify to sit and vote in the House of Commons, one Intercolonial of the Commissioners appointed under the Act respecting the Railway, and Intercolonial Railway, or any Officer of Her Majesty's Army or Army, Navy Navy, or any Officer in the Militia or Militiaman (except Ŏfficers on the Staff of the Militia, receiving permanent salaries), unless he be otherwise disqualified.

Officers in the

or Militia.

The office of Commissioner of the Intercolonial Railway is abolished by 37 V., c. 15, sec. 1.

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with the Gov

be a member

2. No person whosoever holding or enjoying. undertaking or No contractor executing, directly or indirectly, alone or with any other, by ernment himself or by the interposition of any trustee or third party, of Canada to any contract or agreement with Her Majesty, or with any Pub- of the H. of lic Officer or Department, with respect to the public service of Commons. Canada, or under which any public money of Canada is to be paid for any service or work, shall be eligible as a Member of the House of Commons, nor shall he sit or vote in the same.

3. If any person hereby disqualified or declared incapable of Election of being elected a Member of the House of Commons, is never- persons disqualified, to be theless elected and returned as a member, his election and null. return shall be null and void.

4. No person disqualified by the next preceding sections or No disqualified by any other law, to be elected a Member of the House of Com- person shall mons, shall sit or vote in the same while he remains under such sit or vote. disqualification:

doing.

2. And if any person disqualified or declared incapable of Penalty for so sitting or voting in the House of Commons, by the first, second or third sections, sits or votes therein, he shall thereby forfeit the sum of two thousand dollars, for each and every day on How recoverawhich he so sits or votes; and such sum may be recovered from ble. him by any person who will sue for the same, by action of debt, bill, plaint or information in any Court of complete civil jurisdiction in Canada.

to vacate his

5. If any Member of the House of Commons, by accepting Memberaccepany office or becoming a party to any contract or agreement, ting office, &c. becomes disqualified by law to continue to sit or vote in the seat. same, his election shall thereby become void, and the seat of such Member shall be vacated, and a writ shall forthwith issue May be refor a new election as if he were naturally dead; but he may be sect. 1, par. 2. re-elected if he be eligible under the first section of this Act.

elected under

other within a

6. Nevertheless, whenever any person holding the office of Certain OffiPresident of the Privy Council, Receiver-General, Minister of cers may resign one office Finance, Minister of Justice, Minister of Militia and Defence, and accept the Secretary of State, Secretary of State for the Provinces, Minis- same or an ter of Public Works, Postmaster-General, Minister of Agricul- month without ture and Emigration, Minister of Inland Revenue, Minister of vacating. Customs, or Minister of Marine and Fisheries, and being at the same time a Member of the House of Commons, resigns his office, and within one month after his resignation accepts any of the said offices, he shall not thereby vacate his seat in the said House of Commons.

7. Any Member of the House of Commons may voluntarily Members may resign and vacate his seat in the manner hereinafter provided.

resign their seats.

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