second name, valid for the two first named
candidates.

4.-Ballots containing two crosses, one on the line above

the first name, and one on the line dividing the
second and third compartments, valid for the first
named candidate.

5.-Ballots containing properly made crosses in two of
the compartments of the ballot paper, with a
slight lead pencil stroke in another compartment.
6.-Ballots marked in the proper compartments thus, Y.
In the North Victoria case (f) the following were
held valid:

7.-Ballots with a cross to the right just after the candidate's name, but in the same column, and not in the column on the right hand side of the name, (anywhere within the division where candidate's name is, is now sufficient) (g).

8.-Ballots with an ill-formed cross, or with small lines at the ends of the cross, or with a line across the centre or one of the limbs of the cross, or with a curved line like the blades of an anchor.

In the Monck case (h) the following were held sufficient:

9. An irregular mark in the figure of a cross, so long as it does not lose the form of a cross.

10.—A cross not in the proper compartment of the ballot paper, but still to the right of the candidate's name (i).

(f) 1 H. E. C. 671.

(g) See 41 Vic. (Dom.) c. 6, s. 6; and 42 Vic. (Ont.) c. 4, s. 13.

(h) 1 H. E. C. 725.

(i) The form of the ballot paper has been changed, and a cross anywhere within the division containing the candidate's name is now sufficient. See 41 Vic. (Dom.) c. 6, B. 6; 42 V. (Ont.) c. 4, s. 13.

When bad.

11: A cross with a line before it.

12. A cross rightly placed, with two additional crosses, one across the other candidate's name, and the other to the left.

13. A cross in the right place on the back of the ballot paper (this however is overruled in Queen's County case (j) and was not followed in the South Wentworth, Ontario, case (k).

14-A double cross or two crosses.

15.-Ballot paper inadvertently torn.

16.-Inadvertent marks in addition to the cross.
17.-Cross made with pen and ink instead of pencil ().
A voter who had inadvertently torn his ballot in two,
and, whose ballot was rejected on the counting of
votes was allowed his vote in an Ontario case (m), the
evidence proving that no trick was intended for the
purpose of shewing how he intended to vote.
The following have been held to be

Invalid Ballots.

1.-Ballots marked with a straight line (n).
2.-Ballots marked with an O (0).

3.-Ballots marked with a cross in the right place on the
back, instead of on the printed side (p).

4.-Ballots marked with an x instead of a cross (q).

(j) 7 Sup. Ct. 247.

(k) South Wentworth, 1 H. E. C. 531.

(1) The Deputy-Returning officer having supplied the pen and ink instead of pencil. (m) S. Wentworth, 1H. E. C. 531.

(n) Bothwell, 8 Sup. Ct. 676. S. Wentworth, 1 H. E. C. 531, Monck Ib. 725; N. Victoria, Ib. 671.

(0) Bothwell, 8 Sup. Ct. 676.

(p) Queen's Coy. 7 Sup. Ct. 247; S. Wentworth, 1 H. E. C. 531. See also Berwick upon-Tweed, 3 O'M. & H. 182.

(q) Queen's Coy., Supra.

5.-Ballots with the candidate's name written thereon in

addition to the cross (r).

6. Ballots with marks in addition to the cross, by
which the voter might be identified, although not

put there by the voter in order that he might be
identified (s).

7.-Ballots inarked with a number of lines (t).

8.-Ballots with a cross for each candidate (u).

9.-Ballots marked with the initials of the voter or some

mark, known as being one used by him (v).

10. Two single strokes not crossing (w).

rities.

The English and Scotch Courts came to different con- English autho clusions from the above in several instances, in the Wigtown cases (x) and in Woodward v. Sarsons (y). The learned judges in the Canadian Courts have however justified their departure from the rules laid down in these decisions by pointing out that the English Act is merely directory in some respects in which our Acts are mandatory (2).

(r) N. Victoria, 1 H. E. C, 671.

(8) Ibid.

(t) Ib.

(u) Ib.

(v) Monck, 1 H. E. C. 725.

(w) Ibid.

(x) 2 O'M. & H. 217 and 233.

(y) 10 L. R. C. P. 733.

(z) Per Gwynnne, J., in Bothwel', 8 up. Ct. p. 718; Moss, C. J., in S. Wentworth,

1 H. E. C. at p. 535. Leigh & LeMarchant's Law of Elections, 4 Ed. p. 181.

CHAPTER VII.

PERSONS WHO MAY NOT BE ELECTED NOR SIT

AND VOTE.

Common Law disqualifications.

IN the absence of statutory enactments, the common political law governs in England and her dependencies (a). Under it the following are incapable of executing the trust of members:

Minors (b).

Women (c).

Lunatics and idiots (d).
Traitors (e).
Felons (f).

(a) Bourinot's Parliamentary Proc. p. 112, note 4.

(b) In the opinion of Coke, infants were disqualified at Common law. In Trenchard's case (2 Hatsell 9; 10 Comm. J. 508), however, an admitted minor was declared duly elected; but in Lawson's case (18 Comm. J. 672), a member's petition was withdrawn on account of minority. Minors were sometimes connived at in Parliament, as in the case of Charles James Fox, who sat and spoke before he became See Lely & Foulkes Par. El. Acts, 347.

of age.

(c) 1 Seldon's Works, 1083; Lely & Foulkes Parly. El. Acts, 347.

(d) 4 Inst. 48; 1 Bl. Com. 175; Todd's Parl. Law, 81; Bourinot's Parly. Pro. p. 122, note 4; Lely & Foulkes Parl. El. Acts, 348. A member sane, when returned, has his seat vacated if he become insane, Grampound D'Ewes, 126; but the lunacy must be incurable, Alcock's case, 66 Com, J. 226; 2 Hatsell, 35 n; Crooks' case, Ont. Leg. J., Vol. 17, App. No. 1.

(e) Todd's Parl. Law, 81.

(f) Ibid.

Outlaws in criminal prosecutions (g).

Infamous persons (h).

Returning officers (hh).

The above is not an exhaustive list (i).

Some of those hereafter mentioned as disqualified by statutory enactment would very possibly be also disqualified by common law.

By section 39 of the British North America Act Senators. (1867), a senator shall not be capable of being elected

to or of sitting or voting as a member of the House of Commons.

Provincial Leg

By 35 Vic. c. 15, and 36 Vic. cap. 2 (Dominion Stats.), Members of members of the legislative council or assembly of any islatures. province now, or hereafter to be included within the Dominion are incapable of being elected to or of sitting and voting in the House of Commons. A member of the House of Commons who accepts a seat in a provincial legislature must vacate his seat in the former body; and any person violating these Acts is liable to a penalty of $2,000 for every day he sits and votes.

House of Commons disqualified from sitting Legislatures

By statutes of the several provinces, no senator or Members of member of the House of Commons can sit in the legislative councils or assemblies of the provinces;. with this in Provincial single exception that a senator may sit in the legislative Exception. council of Quebec (j).

Legislature may

A member of a provincial legislature desiring to Member of a become a candidate for the House of Commons may, resign and be (g) Todd's Parl. Law, 81.

(h) Ibid 83.

(hh) Ib.

(i) Ministers of all professions were rendered ineligible in Canada by Imp. Act 31 Geo. III, c. 31, s. 21, see Todd's Parl. Law, 83; but see Imp. Act 3 & 4 Vic. (Union Act) c. 35. Avowed infidels would also appear to be disqualified according to Todd. (j) Bourinot's Parl. Pro. p. 125.