under this Act, and the qualifications required of voters under section four, shall apply to voters in such inunicipalities or places not being cities or towns or portions of cities or towns, as are attached to or included for electoral purposes in cities or towns or portions of cities or towns. in common, or 6. Whenever two or more persons are, either as busi- Joint tenancy ness partners, joint tenants, tenants in common, or by other co-tenancy any other kind of joint interest, (v) the owners, tenants or occupants of any lot or portion of a lot or parcel of real property in any electoral district, each of such persons whose share therein is sufficient (w) in value, or in the case of tenants, in amount of rent, according to the provisions of this Act, to qualify such person as a voter in respect of real property, shall be entitled to be registered on the list of voters, and to vote in respect of such share as if it were held in such person's individual name, and not jointly with one or more. 7. Persons qualified under this Act as voters in res- Place of registry (v) "Any other kind of joint interest."-This, it is conceived, will not entitle members of joint stock incorporated companies to vote on the companies' property, even where the property is sufficient in value, if divided among all the shareholders to give each one the necessary qualification; see Nova Scotia Fran. Act, 1885, s. 5; Quebec El. Act, 38 Vic., c. 7, s. 10; Manitoba Act, Res. Leg. Assembly (Consol'd.) s. 63, post. 66 (w) "Whose share therein is sufficient."-If A and B possessed together property of the value of $300, A for a third, and B for two-thirds, B could vote, but not A, and the same as to rent; Electoral Lists of Kamouraska, 3 Q. L. R. 308, S. C. 1877. B's qualification would not however in the above case be sufficient in value to give a vote in a city, under this Act. The provision under this sec. is similar to that under the Quebec Act, 38 Vic., c. 7, s. 9; Manitoba Act, s. 62. Under the Nova Scotia Act of 1885, the property is apportioned according to the best of the assessors' judgment," (s. 5), while under the new Ontario Act all or none of the partners must have votes. See Ont. Fran. and Representation Act, 1885, s. 3, subs. “ Firstly" (3) post. See also Prince Edward Island Act, 34 Vic. c. 34, s. 14. Where two or more partners were in business and one of them owned the freehold, where the business was carried on, both partners could under the former Ontario law vote, if the assessment were sufficient, South Grenville Election, Fitzgerald's vote, 1 H. E. C. 165. for voters. pect of income shall only be registered as voters and vote in the polling district where they reside at the time of registration; and persons qualified otherwise than on income shall only be registered as voters and vote in the polling district where the real property in respect of which they are qualified is situate; but when the property is partly within one polling district and partly more than one within another, although all within one electoral district, polling district. the person qualified in respect thereof shall be entitled to be registered and to vote in either of such polling districts for which he may desire to be registered as a Property extending into As to time spent by sons as mariners, fishermen or students. Special provisions as to B. voter. 8. In the case of the sons of farmers, or of owners other than farmers, the time spent by such sons as mariners or fishermen in the prosecution of their several occupations, or as students in any institution of learning. within the Dominion of Canada, shall be considered as spent at home (wa). 9. In the Provinces of British Columbia and Prince C. and P. E. I. Edward Island (wb), besides the persons entitled to be registered as voters and to vote under the foregoing provisions of this Act, every person who at the time of the passing of the same :- Age. British subject. (1.) Is of the age of twenty-one years and is not by this Act or by any law of the Dominion of Canada disqualified or prevented from voting, and (2.) Is a British subject by birth or naturalization and resident in the Province, and is entitled to (wa) See Nova Scotia Fran. Act (1885), s. 3. (wb) British Columbia and Prince Edward Island are the only provinces which have been allowed to retain their Provincial Franchise laws in respect to Dominion Elections. The provisions of their respective franchise Acts will be found in subsequent chapters. The system of registration provided by this Act will, however, prevail hereafter, for Dominion purposes, in these, as in the other provinces. THE DOMINION FRANCHISE. vote in the said Provinces respectively by the voters. 41 Shall have a right to be registered as a voter and to Registration as vote so long as he shall continue to be qualified to vote under the provisions of the said last mentioned laws and no longer. H. C. but those this Act after a 10. Except the persors duly qualified and registered No voters for as voters under this Act, no person shall be entitled to qualified under vote at any election for the House of Commons of Canada certain time. after the time when the duplicates of the first list of voters, finally revised and certified as hereinafter provided, for the electoral district for which the election is to be held, shall have been forwarded to the Clerk of the Crown in Chancery at Ottawa, as also hereinafter provided-but at any election held before the time afore- Provision until said, the voters shall be those entitled to vote thereat under the laws now in force, (x) which shall continue to apply to such election and all proceedings thereat or relating thereto. WHO SHALL NOT VOTE AT ELECTIONS. such time. 11. The following persons shall be disqualified and Persons disquaincompetent to vote (y) at any election to which this Act lified as voters. (x) "Laws now in force."--The several provincial laws. See sec. 40 of The Elections Act, 1874. (y) Disqualified and incompetent to vote."-See as to further disqualifications, s. 3, subs. (1) and notes thereunder, ante, also chapter on “Penalties," post. By sections 31 and 39 the lists as finally revised "shall be binding on any judge or other tribunal appointed for the trial of any petition complaining of an undue return of a member to serve in the House of Commons.' This is apparently intended to abolish all right to a scrutiny of the votes. If, therefore, the revising officer should insert the name of a disqualified person upon the list of voters and his name remains thereon after the final revision and such person votes, it would seem that his vote cannot be struck off, though he would be subject to the penalties prescribed by the election law and the revising officer would be subject to the penalty prescribed by section 63, post. It may well be doubted, however, whether the effect of the sections (31 and 39) with section 58 is to nullify the provisions of the Elections Act, which direct final rvers within 5. Meet Judges. Election officers and agents, etc., of candidates. applies, except that the persons or officers named in para- that on proof of certain corrupt acts, a vote shall be struck off the votes polled for the candidate (who has by himself or his agents been proved guilty of corruption) for every person proved on the trial of an election petition to have been corrupted, (see 37 Vic. cap. 9, secs. 73, 94 and 96). It is true the Acts as to Elections, Controverted Elections and corrupt practices are "to apply to elections and proceedings thereat to which this Act is to apply" only "in so far as they are not inconsistent with this Act, and except always as to the qualfication of voters, which shall be those prescribed by this Act, and to which all the provisions of the said Acts which depend on such qualification shall be construed as referring"; while "all the provisions of the said Acts inconsistent with this Act" are "repealed," (see sec. 58, post); yet how can it be said that the provisions referred to are inconsistent with this Act where they provide for the subsequent disqualification of persons, properly qualified and registered under this Act, for deeds committed by such persons after such registration takes place? If they are, then it will be futile to claim the seat for any defeated candidate, on the ground that a sufficient number of such votes have been corrupted to change, if struck off, the result of the election in his favor. It may be that the lists will be held to be "binding" (under secs. 31 or 39) on the Election Courts, so far as the right, at the time of registration, of any voter-even one disqualified by virtue of his office or otherwise to vote is concerned; Stowe v. Joliffe, L. R. 9 C. P. 734; 43 L. J. Rep. C. P. 265; Hayward v. Scott, 5 C. P. D. 231; Ryder v. Hamilton, L. R. 4 C. P. 559; 38 L. J. C. P. 260 ; 17 W. R. 795; but the question as to whether votes of persons at that time qualified, but whose subsequent corrupt acts disqualify them, can be struck off on the trial of a Petition, when the seat is "claimed for the unsuccessful candidate, is one which will still remain for the Election Courts to decide. The Ontario Voters' List Finality Act, 41 Vic. c. 21, sec. 3, preserves the right of scrutiny in regard to this class of votes, and as to the votes of all disqualified persons. See also notes to sec. 31, post. (%) during the election or before the election is or has "Is or has been employed, etc."-Under similar English Acts (7 & 8 Geo. IV. c. 37; and 30 & 31 Vic., c. 102, s. 11) a solicitor who was a paid agent was held disqualified; New Windsor (Barton's Case), K. & Omb. 180. As was also an elector employed as a special messenger during the election, even where such was shown to be his ordinary calling, Evesham Election, George's Case, Fal. & Fitz. 527; and a check clerk employed and paid by one candidate, whose vote was even struck off another candidate who had not employed him; Bedford, Wilcox's Case, P. & K. 136, 8. c. C. & R. 94. A town clerk who read the proclamation and sat in the pollingbooth with the mayor during the election, and received payment therefor, was also held disqualified; New Windsor, Secker's Case, 185; but a constable who was a regular constable of the borough, and for whose services a sum of money was ineluded in the town clerk's account to be paid to him, was not disqualified; Ib. Lovegrove's Case, K. & Omb. 183; nor the town sergeants of the corporation, paid out of the rates for their services at the election, Ipswich (Cook's Case), K. & Omb, 384, though two of them who acted as doorkeepers of a candidate's committee room were disqualified, Ib.; an elector who was employed to erect hustings and whose bill was afterwards paid was not disqualified, Ib. Page's Case, K. & Omb. 387, nor the paid leader of a band, Monmouth, Partridge's Case, Ib., 421, nor a cabman, Southampton, 1 O'M, & H. 223; nor Printers also acting as messengers-Northallerton, 1 O'M. & H. 170. Employment of voters to keep order at the doors of the polling stations, however, disqualifies them-Gloucester, 2 O'M. & H. 62. See also Charlevoix Case, 5 Sup. Ct. 133. The employment of sons of voters as messengers, their wages being paid to their fathers, held to invalidate the fathers' votes-Southampton, 1 O'M. & H. 223. See also Worcester, K. & O. 246. See sec. 73 of the Dom. El. Act, 1874, also Imperial Ballot Act. 1872, s. 25. |