and in counties means any male person not otherwise qualified to vote and being the son of an owner and occupant of real property other than a farm, and includes a grandson, step-son or son-in-law;

District.

Electoral district " means any place (consisting of or Electoral comprising any city, town, county, township, parish, dis- · trict or municipality, or portion thereof;) in Canada, entitled to return a member to the House of Commons of Canada;

"Election" means an election of a member to serve in Election. the House of Commons of Canada;

"Voting" and "to vote" mean voting and to vote at Voting; to vote the election of a member to serve in the House of Com

mons of Canada;

'List of voters" means the list of registered voters, to List of voters. be prepared and revised under the provisions of this Act in each year, for each sub-division or polling district of an electoral district, when finally revised, except when the first general list or an unrevised list is especially mentioned or referred to;

"

value.

"Actual value" (p) or value" means the then present Actual value; market value of any real property, if sold upon the ordi

(p) "Market value."-The value of property is a matter as to which opinions usually differ widely, according as the valuator may be of a sanguine or of a gloomy temperament, and according to whether he be a property owner and fixes the present value upon the basis of future increase, being able to wait for his price, or whether he is not a property owner or has property for which he cannot find a purchaser. A man who is impressed with a consideration of how much a thing is worth will entertain a widely different opinion from him who simply looks at it as a thing to be purchased in expectation of profit, whether by the employment of it or selling it again; Draper, C. J., in McQuaig v. The Unity Fire Insurance Co., 9 U. C. C. P. 88; See Harrison's Mun. Manual, 4th Ed., pp. 632 and 767. The Ontario Assessment Act provides that "real and personal property shall be estimated at their actual cash value, as they would be appraised in payment of a just debt from a solvent debtor." (Rev. Stat. Ont., cap. 180, s. 23.) This clause fixes a somewhat different standard of valuation when it defines value to mean the then present

market value of any real property, if sold upon the ordinary terms of sale." The

nary terms of sale, in respect of which any person claims to be qualified, whether as owner, tenant, occupant or farmer's or other owner's son, as determined by the revising officer, upon the best information in his possession (at the time of such revision: Provided that the assessment rolls as finally revised (g) for municipal purposes, shall be prima facie evidence of the value of such property;

"market value" depends upon the number of persons who at the moment are willing to purchase, coupled with the unwillingness of the owners to sell, and in a less degree by the amount of capital held for investment in land at the time. "The ordinary terms of sale" will differ according to locality. They will usually, however, be found to include terms of credit. These, too, differ in different localities. The instructions of the Canada Permanent Loan and Savings Co., the largest loan Co. in the Dominion, to its valuators are to value the property at what it would bring at a forced sale after due notice for cash, or what may be considered equivalent to cash-say, one-fourth down, and the balance in three or four annual instalments at 7 per cent. per annum. This is, perhaps, as safe a general guide as can be given. The amount at which property can be rented for a term of years, and the interest which such rental would yield a purchaser, are stated by the same instructions to be a corrective to an erroneous estimate, arising from temporary or excep tional circumstances, and generally a safe criterion of value.

The latter part of this clause makes the assessment rolls, as finally revised for Municipal purposes, prima facie evidence of the value of property. This basis was adopted after much discussion in the House of Commons. (Hansard, Vol. 17, No. 62, p. 1650 to 1662). Under the Quebec Provincial law the valuation roll was held conclusive as to value, and no one who was not on it could be on the Electoral list (Electoral lists of Kamouraska, 3 Q. L. R. 308, S. C. 1877), though the description on the roll did not necessarily prove the quality of the person (Grattan v. Corporaton of Village of St. Scholastique, 7 R. L. 356, Mag. Ct. 1875). In Ontario the revised assessment roll was considered by the rota Judges conclusive as to value, as regarded a scrutiny after the Election. (Stormont, 1 H. E. C., Stewart's vote, 25, N. Victoria, 1 H. E. C. 584). But it did not preclude the County Judge from considering the values on complaint filed on the revision of the Voter's List by him. (Rev. Stat. Ont, cap. 9, s. 9, Form 6, List 3.)

(q)"Finally revised."-By the Ontario Voters' List Act (Rev. Stat. cap. 9, s. 2, sub-sec. 9) An assessment roll shall be understood to be finally revised and corrected when it has been so revised and corrected by the Court of Revision for the Municipality, or by the Judge of the County Court, in case of an appeal, as provided in the Assessment Act,' or when the time during which such appeal may be made has elapsed, and not before." The date of the final revision of the roll varies according to whether appeals are entered or not. (a) If there has been no appeal to

"Real property" (r) means a lot or portion of a lot or Real property. other portion or sub-division of real property, or a house, store, office or building of any description whatsoever, or any portion thereof (8), situate upon real property, and forming part thereof (t);

the Court of Revision, the roll is finally revised as soon as passed (after 26th May) by said Court and certified by the Clerk (Rev. Stat. cap. 180, s. 57). (b) Where there has been a complaint or appeal to the Court of Revision, but none to the County Judge, then when five days after date limited for closing the Court of Revision (1st July) have elapsed, i.e. 7th July (s. 59, sub-s. 2). (c) Where there has been an appeal to the County Judge, then on such day prior to 1st Aug., as the decision of the Judge is given (s. 60).

It has been held in Quebec that a secretary-treasurer was acting properly in making the voters' list out, pending an appeal. Hickson et al. v. Abbott, 25 L. C. J. 289. · (r) "Real Property."-Things real are such as are permanent, fixed or immovable, which cannot be carried out of their place; as lands and tenements. Black, Com. 12 Ed. Book 2, cap. 2. As to "immovables" in Quebec, see Civil Code, Book 2, title 1.

(8)" House, etc...... .or any portions thereof."-Prior to the Parliamentary and Municipal Reg. Act, 1878, in England; much difficulty had arisen in defining the words "house" and building," but the result of the cases appears to have been that the occupation of part of a house only conferred the qualification in a case where such part was structurally severed from the rest. Cook v. Humber, 11 C. B. (N. Š.) 733; 3 L. J. C. P. 73; Ellis v. Burch, L. R. 6 C. P. 327; 40 L. J. C. P. 169; Boon v. Howard, L.R. 9 C. P. 327. To meet this difficulty the above Act provided that the terms “house, warehouse, counting-house, shop or other building," shall include any part of a house where that part is separately occupied for the purpose of any trade, business or profession, and that the term "dwelling-house" shall include any part of a house where that part is separately occupied as a dwelling, and that part shall not be deemed to be occupied otherwise than separately by reason only that the occupier is entitled to the joint use of some other part (s. 5). It is clear that under this English Act, structural severance is no longer necessary to constitute either a "house or a "dwelling-house," Lely and Foulkes' Parliamentary El. Acts, 55, and it is conceived that this provision of our Act will receive a similar interpretation. See note Tenant" ante. "Building includes a cowhouse, Whitmore v. Winlock Town Clerk 5 M. & G. 9; a quite separate room in a factory; Wright v. Stockport Town Clerk, 5 M. & G. 33; and a shed used for storing. Powell v. Farmer, 18 C. B. (N.S.) 168; the building must be of some permanence, Norrish v. Harris, L. R. 1 C. P. 155; 35L. J. C. P. 101; a counting-house need not be structurally severed, Piercy v. Maclean, L. R. 5 C. P. 252; 39 L. J. C. P. 115; 21 L. T. 213; 18 W. R. 132; 1 H. & C. 321 ; see Ont. Franchise Act, 1885, s. 2, sub-sec. 7 and 8, post and notes.

(t)" And forming part thereof."--A suspension bridge may form part of land and real property; The Niagara Falls Suspension Bridge Co. v. Gardner, 29 U. C. Q.

144

Rofe

Section.

The Province.

The revising
officer.

As to Sundays
and holidays.

Who shall be
registered as

fied as to-

Section" means a section of this Act;

"The Province" means that Province of the Dominion in which the revising officer in the case or matter referred to, is appointed;

The revising officer" means any revising officer appointed for the place referred to in the context, and competent to do the thing required :

2. If the time limited by this Act for any proceeding or for the doing of any act under its provisions expires or falls upon a Sunday or day which is a public holiday or holiday under "The Interpretation Act,” (u) the time so limited shall be extended to, and such act may be done upon, the day next following which is not a Sunday or such a holiday as aforesaid.

QUALIFICATION OF VOTERS IN CITIES AND TOWNS.

3. Every person shall, upon and after the first day of voters if quali- January in the year of Our Lord one thousand eight hundred and eighty-six, be entitled to be registered on the list of voters for any electoral district or portion thereof in Canada, being a city or town or part of a city

B. 194. A windmill stood in a common upon a plot of grass ground, large enough to clear the wings, enclosed by a fence put up by the voter. It was fixed on a post upon pattens in a foundation of brickwork. Nothing was shewn as to whether the plot of ground did or did not belong to the voter. Vote held good. Bedfordshire Election (Marshall's Case), 2 Luders, 441.

(u) “ A public holiday or holiday under The Interpretation Act”—--The holidays under the Interpretation Act (31 Vic. cap 1, s. 7, Fifteenthly) are Sundays, New Year's Day, the Epiphany, the Annunciation, Good Friday, the Ascension, Corpus Christi, St. Peter and St. Paul's Day, all Saint's Day, Conception Day, Easter Monday, Ash Wednesday, Christmas Day, the Birthday of the reigning Sovereign, and any day appointed by Proclamation for a general Fast or Thanksgiving. To these must be added the First day of July, or when that day falls on Sunday, the second day of July which is made a holiday under The Interpretation Act' by 42 Vic. cap. 47. It may be open to question whether the words "a public holiday" would include a holiday set apart or proclaimed by Provincial Acts or authority, or by Municipal authority. It is conceived they would not.

or town, or including any city or town or part of a city or town, and when so registered to vote at any election for such district, if such person

деть

(1.) Is of the full age of twenty-one years (v), and is Age..
not by this Act (w) or by any law of the Dominiou

of Canada (x), disqualified or prevented from

23

(v)" Full age of twenty-one years"-The full age of 21 years is completed on the day preceding the twenty-first anniversary of a person's birth (Anon, 1 Salk. 44). A person born on the 16th Aug. 1725, who died on the 15th Aug. 1746, was held to have lived to attain the age of 21 years. (Toder v. Sansam, 1 Brown's P. C. 468). (w)"By this Act."--As to who are disqualified by this Act. See sec. 11, post. (x)" By any law of the Dominion of Canada."-Persons who have been found guilty of any corrupt practice are disqualified from voting for eight years. See chapter on "Penalties under Dominion law, post, As to what are corrupt practices, see chapters on Corrupt Practices," post, also, note to sec. 11, post. It is believed that this section and section 58, post, in effect repeal sec. 40 and the latter part of sec. 133 of the Dominion Elections Act, 1874, whereby "all persons qualified to vote at the election of representatives in the House of Assembly or Legislative Assembly of the several provinces, composing the Dominion of Canada, and no others," (sec. 40) were given the franchise for Dominion elections. Under the Provincial laws certain persons are expressly disqualified; for instance, under the Ontario Act (Rev. Stats. c. 10, s. 4), besides the judges, the following officials are disqualified, all officers of the Customs of the Dominion of Canada, fall clerks of the Peace, County Attorneys, Registrars, Sheriffs, Deputy-Sheriffs, Deputy Clerks of the Crown, and agents for the sale of Crown lands, all postmasters in cities and towns, and all officers employed in the collection of duties payable to Her Majesty in the nature of duties of excise. These may be said to have been disqualified under a "law of the Dominion of Canada," as their disqualification was adopted by the sections of the Dominion Elections Act above referred to. But, as these sections are repealed as above mentioned, they can no longer, it is conceived, be termed a 'law of the Dominion of Canada," and the persons disqualified by the Provincial laws will be no longer, ipso facto, disqualified from voting for members of the House of Commons, unless they come within section 11, post. Of the officials disqualified under the Ontario law, as above, the judges only aré named in sec. 11, consequently all the others will, it is presumed, be entitled to vote, except when acting as returning officers, election clerks, etc. (See sec. 11, sub-s (b). It may be said that inasmuch as sec. 58, post, only provides that the previous "qualification of voters at such elections and the lists of voters" are to be superseded by those prescribed by this Act, without mentioning previous disqualifications, the repeal of the latter cannot be implied, unless they be held to be "inconsistent with this Act." Yet it is conceived that the effect of the sections referred to is as has been stated, and that a law repealed by a subsequent section of this Act cannot be held to be a law of the Dominion of Canada within subs. (1) of sec. 3.