offices of emol

nomination of

No person accepting or holding any office, commission Persons holding or employment either in the service of the Dominion of ument at the Canada, or in the service of the Government of Ontario, the Crown ineliat the nomination of the Crown or of the LieutenantGovernor, to which any salary, or any fee, allowance or emolument in lieu of any salary from the Crown or from the Province is attached; or 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 or vote in the same during the time he holds such office, commission or employment (d).

Members of Ex

officers in Army,

Staff Navy and Milli

tia and Militiamen; J.

Peace, Notaries and

Coroners.

ors ineligible.

Members of the Executive Council, officers of Her Exceptions Majesty's Army or Navy, officers of the Militia and ecutive Council; Militiamen (other than officers on the Militia receiving permanent salaries), Justices of the Notaries and Coroners are, however, not ineligible, unless otherwise disqualified (e). No person whosoever holding or enjoying, undertaking Public contractor executing, directly or indirectly, alone. or with any other, by himself or by the interposition of any 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 (ƒ).

(d) Rev. Stats. Ont. c. 12, s. 7. But this does not apply to any person who was on 2nd March, 1872, a member of the Assembly, and who, at the time of his election held such an office, etc., s. 7, subs. 2.

(e) Rev. Stats. Ont. c. 12, s. 7 and 42 Vic. (Ont.) c. 2, s. 7.

(f) Rev. Stats. Ont. c. 12, s. 8.

Sureties of Sheriffs, etc., not ineligible as members of the

sembly.

The Provincial Act 42 Vic. cap. 2, contains the following provisions :

"8. A person shall not be incapable of being elected a member of the Legislative Assembly by reason of his Legislative As 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 of a public asylum for the insane, unless such person is otherwise disqualified.

Preceding sec

tion not a decla

lification.

"(2) But any person who is elected a member of the Legislative Assembly, being at the time of his election such 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. (See R. S. O. cap. 3, sec. 14, and similar provisions in other Acts).

"9. The provisions of the preceding section shall not ration of disqua- be regarded as a legislative declaration that the person in said section described, or any of them, come within the disqualification of the said section (ff)."

Election of disqualified person void.

Member becom

ing member of

If any person disqualified or declared incapable of being elected a member of the Legislative Assembly, be nevertheless elected and returned as a member, his election and return shall be void (g).

A member of the Assembly on becoming a member of Ex'cutive Coun the Executive Council, vacates his seat, but he may be seat, but may re-elected, if not otherwise disqualified. A member of

cil vacates his

(f) See Leigh & LeM's. Law of Elections, 4 Ed. p. 269.

(g) Rev. Stats. Ont. c. 12, s. 9.

and may exch❜ge

the Executive Council may, however, resign one port- be re-elected, folio and within one month of such resignation accept portfolio. another portfolio, without vacating his seat, unless the Administration of which such person was a member has resigned, and a new administration occupies the said offices (h).

alty on disquali

If any person, declared ineligible by the Provincial Pecuniary penAct, sits and votes, he incurs a penalty of $2,000 for fied person sitevery day on which he so sits and votes (i).

ting and voting

cluded from act

Members of the Assembly are precluded from acting Members preas Returning officers, Deputy-Returning officers, Election ing as Election Clerks or Poll Clerks, under a penalty of $200 (j).

officers

The common law disqualifications before mentioned Common Law

apply to members of the Legislative Assembly (k).

No qualification in real estate is required of any candidate for a seat in the Assembly ().

disqualificat'ns.

tices.

The disqualifications for Corrupt Practices are already Corrupt Pracdealt with in the Chapter on "Penalties under Ontario. Laws" (m):

(h) Rev. Stats. Ont. c. 12, s. 10.

(i) Ibid s. 11, and see same section as to proceedings for recovery of penalty. (j) Rev. Stats. c. 10, s. 23.

(k) See case of Mr. Crooks, Ont. Leg. J., Vol. 17, App. No. 1.

(1) Rev. Stats. Ont. c. 10, s. 3.

(m) As to formalities requisite for resignation of a seat in the Legislative Assembly, see Rev. Stats. Ont. c. 12, s. 14.

APPENDIX.

MISCELLANEOUS FORMS.

(1)

Form of application by person desiring to be put on Preliminary List of Voters under Dominion Franchise Act. (See Resolutions of Ontario Revising Officers ante p. 88) (a).

APPLICATION TO BE PUT ON LIST.

I,

of the

of

in the County of

hereby apply to be

put on the Voters' List for the House of Commons for the Municipality of in the Electoral Riding of

at the preliminary revision of said Voters' List. (Signature)

To His Hon.

Revising Officer, for

(2)

Form of Declaration in support of application to be put on preliminary list under Dominion Franchise Act. (See Resolutions of Ontario Rev. Officers ante p. 88).

in the County of do solemnly declare: 1. That I am a British subject of the full age of twenty one years, and am not by the said Act or by any law of the Dominion of Canada disqualified or prevented from voting. 2 That I am entitled to be a Voter as (here state nature of qualification, also residence and P. O. address), and that by reason of such qualification I am entitled to be placed on the List of Voters, under the Electoral Franchise Act for the year commencing 1st of January, 188, for the Electoral District of And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Act passed in the thirty-seventh year of Her Majesty's reign, intituled "An Act for the suppression of voluntary and extra-judicial oaths."

A Justice of the Peace, etc., (or a Notary Public).

(a) The form of Notice of Complaint or application to be given for the preliminary or final version by a person objecting to, or desiring to add names, will be found in the Schedule of Forms to the Act, ante p. 84 (Form E).

APPENDIX.

(3)

365

Form of application by person on behalf of other persons desiring to have their names placed on preliminary list under the Dominion Franchise Act. tions of Ont. Revising Officers ante p. 88).

APPLICATION TO HAVE NAMES PUT ON LIST.

(See Resolu

I,

of the

of

in the County of

hereby apply

on behalf of the persons named in the schedule to the annexed declaration to have their names put on the Voters' List for the House of Commons for the Municipality at the preliminary revision of in the Electoral District of

of
said Voters' List.

To His Hon.

(Signature)

Revising Officer for

(4)

Form of Declaration to be made by a person on behalf of one or more Electors, desiring to have their names put on the preliminary list under the Dominion Franchise Act. See Resolutions of Ont. Revising Officers ante p. 88.

IN THE MATTER OF THE ELECTORAL FRANCHISE ACT.

in the County of

I,

of

age of twenty1st. That I know the parties whose names are set forth in the first column in the schedule on back of this form, and know that they are all of the full one years and British subjects, and that none of them are by the said Act or by any law of the Dominion of Canada disqualified or prevented from voting.

2nd. I have reason to believe, and do believe, that all the persons whose names are set forth in the first column of the said schedule are entitled to vote at elections for the House of Commons in the Electoral District of

3rd. That column No. 2 sets forth their place of residence; No. 3, their P.O. address; No. 4, nature of qualification; No. 5, municipality where qualification is situated; No. 6, the description of qualifying property; No. 7, the nature of title; And I have a perNo. 8, the name of parent, if qualified as son of farmer or other owner of real property, and name of Landlord if qualification is as tenant. sonal knowledge of the matters herein deposed to, and I know the said particulars to make this solemn declaration, conscientiously believing the same to be true; and be true, and by virtue of the Act passed in the thirty-seventh year of Her Majesty's reign, intituled, "An Act for the suppression of voluntary and extra-judicial oaths." Declared before me at the