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such case for
issue of new
Proceedings in 8. Any such Member wishing to resign his seat, may do so SD Cor by giving in his place in the House of Commons notice of his writ, by notice intention to resign it, in which case and immediately after such in the House. notice has been entered by the Clerk on the Journals of the House, the Speaker may address his Warrant under his hand and seal to the Clerk of the Crown in Chancery, for the issue of a Writ for the election of a new member in the place of the member resigning;
Or by notice
in writing to the Speaker.
2. Or such member may address and cause to be delivered to the Speaker a declaration of his intention to resign his seat, made in writing under his hand and seal before two witnesses, which declaration may be so made and delivered either during a Session of Parliament or in the interval between two Sessions, and the Speaker may upon receiving such declaration forthwith address his warrant under his hand and seal to the Clerk of the Crown in Chancery, for the issue of a Writ for the Election of a new Member in the place of the Member so resigning, and a Writ shall issue accordingly, and an entry of the declaration so delivered to the Speaker shall be thereafter made in the Journals of the House;
3. And the Member so tendering his resignation, shall be on such notice. held to have vacated his seat and cease to be a member of such
9. But no Member shall so tender his resignation while his election is lawfully contested, nor until after the expiration of the time during which it may by law be contested on other grounds than corruption or bribery.
10. If any Member of the House of Commons wishes to resign his seat in the interval between two Sessions of the Parliament, and there is then no Speaker, or if such Member be himself the Speaker, he may address and cause to be delivered to any two Members of the House, the declaration before mentioned of his intention to resign; and such two Members upon receiving such declaration shall forthwith address their warrant under their hands and seals to the Clerk of the Crown of Chancery, for the issue of a new writ for the election of a Member in the place of the Member so notifying his intention to resign, and such writ shall issue accordingly:-And the Member so tendering his resignation shall be held to have vacated his seat and cease to be a member of the House.
11. If any vacancy happens in the House of Commons by the death of any Member or by his accepting any Office, the Speaker on being informed of such vacancy by any Member of the House in his place, or by notice in writing under the hands and seals of any two Meicbers of the House,-shall forth with address his warrant to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a Member to fill the vacancy, and a new writ shall issue accordingly.
is absent from
2. And if when such vacancy happens, or at any time there- If the speaker after before the Speaker's warrant for a new writ has issued, Canada, or there be no Speaker of the House, or the Speaker be absent there is no from Canada, or if the member whose seat is vacated be himself Speaker, or the Speaker, then, any two members of the House may ad- resigning is dress their warrant under their hands and seals to the Clerk of the Speaker. the Crown in Chancery for the issue of a new writ for the election of a Member to fill such vacancy, and such writ shall issue accordingly.
12. A warrant may issue to the Clerk of the Crown in Chan- Warrant for cery for the issue of a new writ for the election of a Member of filling a vathe House of Commons to fill up any vacancy arising subsequently Parliament to a general election and before the first meeting of Parliament meets after a thereafter, by reason of the death or acceptance of office of any tion. Member, and such writ may issue at any time after such death or acceptance of office:
any person to
2. But the election to be held under such writ, shall not in Proviso, saany manner affect the rights of any person entitled to contest ving right of the previous election; and the report of any Election Commit- contest. tee appointed to try such previous election, shall determine whether the Member who has so died or accepted office, or any Election Comother person, was duly returned or elected thereat, which determination, if adverse to the return of such Member and in favour of any other Candidate, shall avoid the election held under this section, and the Candidate declared duly elected at the previous election shall be entitled to take his seat as if no such subsequent election had been held.
37 V. c. 10, sec. 38, directs that in construing the above section the words "Court or Judge" shall be read for "Election Committee" (above printed in Italics).
34 VICT. CAP. 19.
An Act to amend the Act further securing the Independence of Parliament.
[Assented to 14th April, 1871.]
OR better securing the Independence of Parliament, Her Preamble.
and House of Commons of Canada, enacts as follows:
V. c. 25,
1. The first sub-section of the first section of the Act passed of Sect. 1 of 31 in the thirty-first year of Her Majesty's reign, and intituled An Act further securing the Independence of Parliament,” is hereby so amended as to read as follows:
"1. No person accepting or holding any office, commission or employment, permanent or temporary, in the service of the "Government of Canada, at the nomination of the Crown, to 'which an annual salary, or any fee, allowance or emolument or profit of any kind or amount whatever from the Crown is attached, shall be eligible as a member of the House of Commons, nor shall he sit or vote in the same, during the time he "holds such office, commission or employment;"
But the sub-section so amended shall be subject to the exceptions made in the two following sub-sections of the said section.
not to be dis
solved by demise of the
Right to prorogue, etc., not affected.
31 VICT. CAP. 22.
An Act for continuing the Parliament of Canada, in case of the demise of the Crown.
[Assented to 22nd May, 1868.]
HEREAS the peace, welfare, and security of this Dominion, might be exposed to great dangers, if the Parliament of Canada should be dissolved by the demise of Our Sovereign Lady, Queen Victoria (whom God long preserve), or by the demise of any of Her Majesty's Heirs and Successors: For remedy thereof, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. No Parliament of Canada, heretofore or hereafter summoned, or called by our Sovereign Lady the Queen, or Her Heirs and Successors, shall determine or be dissolved by the demise of the Crown, but such Parliament shall continue, and may meet, convene and sit, proceed and act, notwithstanding such demise of the Crown, in the same manner as if such demise had not happened.
2. Nothing in the next preceding section shall alter or abridge the power of the Crown, to prorogue or dissolve the Parliament of Canada.
31 VICT. CAP. 2.
An Act respecting the Office of Speaker of the House of Commons of the Dominion of Canada.
[Assented to 21st December, 1867.]
HER MAJESTY, by and with the advice and consent of Preamble.
the Senate and House of Commons of Canada, enacts as
may call upon
1. Whenever the Speaker of the House of Commons, from Speaker leav illness or other cause, finds it necessary to leave the Chair ing the Chair during any part of the sittings of the said House on any day, a member to may call upon any member thereof to take the Chair and to act as Speaker during his act as Speaker during the remainder of such day, unless the absence. Speaker himself resume the Chair before the close of the sittings for that day; and the member so called upon shall take the Chair and act as Speaker accordingly; and every Act passed, and every Order made and thing done by the said House of Commons while such member is acting as Speaker as aforesaid, shall be as valid and effectual, to all intents and purposes, as if done while the Speaker himself was presidingi n the Chair.
31 VICT. CAP. 24.
An Act to provide for Oaths to Witnesses being administered in certain cases for the purposes of either House of Parliament.
[Assented to 22nd May, 1868.]
WHEREAS it is expedient that the Senate should have Preamble.
power to examine witnesses at the Bar on Oath; and whereas it is also expedient that evidence taken before any Select Committee of either House of Parliament on a Private. Bill, should be available, if desired, before the Committee of the other House to which the same Bill is referred, and that for this purpose the Select Committees of the Senate and of the House of Commons on Private Bills, should be enabled to administer an oath to the witnesses examined before them: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Witnesses may be examined upon oath at the Bar of the on oath at Bar Senate, and for that purpose the Clerk of the House may administer an oath to any such witness.
And before Select Committees on private Bills in Senate.
Or in the
2. Any Select Committee of the Senate to which any Private Bill has been referred by that House may examine witnesses upon oath, upon matters relating to such Bill, and for that purpose the Chairman or any member of such Committee may administer an oath to any such witness.
3. Any Select Committee of the House of Commons to House of Com- which any Private Bill has been referred by that House, may examine witnesses upon oath, upon matters relating to such Bill, and for that purpose the Chairman or any Member of such Committee may administer an oath to any such witness.
4. Any person examined as aforesaid, who shall wilfully give false evidence, shall be liable to the penalties of perjury.
31 VICT. CAP. 3.
An Act relating to the Indemnity to Members and the Salaries of the Speakers, of both Houses of Parliament.
[Assented to 21st December, 1867.]
Allowance to members of
ER Majesty, by and with the advice and consent of the
1. By 36 V., c. 31, sec. 13, the first section of this Act was either House repealed and the following substituted.
for attendance at any session.
Deductions for non-attenlance.
"In each session of Parliament there shall be allowed to each Member of the Senate and House of Commons, attending at such session, ten dollars for each day's attendance, if the session do not extend beyond thirty days; and if the session extends beyond thirty days, then there shall be payable to each Member of the Senate and House of Commons attending at such session a sessional allowance of one thousand dollars, and no more.
2. A deduction at the rate of five dollars per day shall be made, from the said sessional allowance, for every day on which the member does not attend a sitting of the House of which he is a member, or of some committee thereof, provided the House sits on such day; but each day during the session, after the be reckoned as first on which the member attends as aforesaid, on which there days of atten- has been no sitting of such House, in consequence of its having