SCHEDULE.

(Form of Affidavit on Production of Books and Papers.)

1. That I have in my possession or power the documents relating to the matters in question set forth in the first and second parts of the first schedule hereto annexed;

2. I object to produce the said documents set forth in the second part of the said first schedule;

3. (State upon what grounds objection is made, and verify the facts as far as may be);

4. I have had, but have not now, in my possession or power the documents relating to the matters in question set forth in the second schedule hereto annexed;

5. The last mentioned documents were last in my possession or power on (state when);

6. (State what has become of the last mentioned documents, to whom they have been given, and in whose possession they now are);

7. According to the best of my knowledge, remembrance, information and belief, I have not now, and never had in my own possession, custody or power, or in the possession, custody or power of my agents or attorneys, agent or attorney, or in the possession, custody or power of any other person on my behalf, any deed, account, book of accounts, minutes, voucher, receipt, letter, memorandum, paper or writing, or any copy of or extract from any such document or other document whatever, relating to the matters in question, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the first and second schedule hereto annexed.

SWORN, &C.

(Annex the schedules mentioning the documents in question.) R.S., c. 9, sch.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's

most Excellent Majesty.

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CHAPTER 8.

An Act respecting inquiries as to Corrupt Practices at Elections of Members of the House of Commons.

SHORT TITLE.

1. This Act may be cited as the Corrupt Practices Inquiries Short title. Act.

INTERPRETATION.

2. In this Act, unless the context otherwise requires,

(a) election' means an election of a member of the House of Commons of Canada;

(b) 'elector' means a person entitled to vote at such election.

COMMISSION OF INQUIRY.

Definitions.

address of House of

3. Whenever the House of Commons, by address represents Upon to the Governor General,(a) that a judge in his report on the trial of an election Commons. petition under the Dominion Controverted Elections Act, states that corrupt practices have, or that there is reason to believe that corrupt practices have extensively prevailed at the election, or that he is of opinion that the inquiry into the circumstances of the election has been rendered incomplete by the action of any of the parties to the petition, and that further inquiry as to whether corrupt practices have extensively prevailed is desirable; or, (b) that a petition has been, within the time specified in the section next following, presented to the House of Commons, signed by any twenty-five or more electors of the district, stating that no petition charging the existence of corrupt practices has been presented under the Dominion Controverted Elections Act, and that corrupt practices have, or that there is reason to believe that corrupt practices have extensively prevailed at the election; and by such address prays the Governor General to cause inquiry to be made under this Act,

(c) by one or more judges of the Supreme Court of Canada; or,

(d) by one or more judges competent under the Dominion Controverted Elections Act to try an election petition in

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the

Commissioners.

Petition to
House of
Commons.

Declaration annexed.

Death or resignation of one of

the province within which the district in question is situate; or, (e) by one or more barristers-at-law or advocates of not less than seven years' standing, and not holding any office or place of profit under the Crown, or by one or more county court judges, named in such address;

the Governor General may appoint one or more of the persons named or referred to in such address to be a commissioner or commissioners for the purpose of making inquiry into the existence of such corrupt practices. R.S., c. 10, s. 1.

4. Such petition shall be presented to the House of Com

mons,

(a) within sixty days after the publication in the Canada Gazette, of the notice of the return of the writ of election by the Clerk of the Crown in Chancery, if Parliament is sitting at the expiry of such sixty days; or,

(b) if Parliament is not then sitting, within the first fourteen days of the session then next ensuing. R.S., c. 10,

s. 1.

5. Every such petition shall have annexed thereto a declaration under the Canada Evidence Act, by the petitioners, stating that they are electors of the district and that the allegations of the petition are true to the best of their knowledge and belief. R.S., c. 10, s. 1.

6. In case of the appointment of more than one commissioner and any of the commissioners so appointed die, resign or the commis- become incapable to act, any remaining commissioner or commissioners may act in such inquiry as if he or they had been solely appointed. R.S., c. 10, s. 1.

sioners.

Power of surviving commis

sioner.

7. All the provisions of this Act as to any inquiry thereunder shall apply to such remaining commissioner or commissioners as if no other commissioner or commissioners had been originally appointed, and also to any person originally appointed sole commissioner. R.S., c. 10, s. 1.

Deposit of $1,000.

Certificate.

Deposit.

DEPOSIT.

8. The person or persons presenting a petition to the House of Commons under this Act, shall deposit with the accountant of the House the sum of one thousand dollars.

2. There shall be attached to the said petition, on its presentation, a certificate given under the hand of the said accountant, certifying that the said deposit of one thousand dollars has been duly made.

3. The House of Commons shall not receive such petition unless such deposit has been made. R.S., c. 10, s. 15.

OATH BY COMMISSIONERS.

office.

9. Every commissioner shall, before acting as such, take an Commissionoath in the form following, that is to say: I, A. B., do swear ers oath of that I will truly and faithfully execute the powers and trusts vested in me by the Corrupt Practices Inquiries Act, according to the best of my knowledge and judgment. So help me God.' R.S., c. 10, s. 2.

taken.

10. Every such oath shall be taken before a judge of the Before whom Supreme Court of Canada or before a judge competent to try an election petition for any district of the province within which the district in question is situate. R.S., c. 10, s. 2.

SECRETARY AND CLERKS TO COMMISSION.

commission

11. The commissioners may appoint a secretary and so Secretary to many clerks, messengers and officers as are thought necessary and clerks. by the Minister of Justice for the purpose of conducting the inquiry to be made by them.

2. The remuneration of such persons shall be fixed by the RemuneraGovernor in Council. R.S., c. 10, s. 3.

tion.

DUTIES AND POWERS OF COMMISSIONERS.

sioners.

12. The commissioners shall, upon their appointment or Proceedings within a reasonable time afterwards, from time to time, hold of commismeetings for the purposes of the inquiry at some convenient place within the district or within ten miles thereof, and may adjourn such meetings from time to time, and from place to place, within the district or within ten miles thereof, as to them seems expedient. R.S., c. 10, s. 4.

13. The commissioners shall give notice of their appoint- Notice. ment and of the time and place of holding their first meeting by publishing the same in two newspapers in general circulation in the district or the neighbourhood thereof. R.S., c. 10, s. 4.

sittings.

14. The commissioners shall not adjourn the inquiry for any Adjourn period exceeding one week, without the approbation of the Min- ments and ister of Justice, and may, with the approbation of the said place of Minister, hold meetings for the purposes of deliberation, in the capital city of the province within which the district is situate, or in the city of Ottawa, and adjourn the same, from time to time, as they deem proper. R.S., c. 10, s. 4.

examine

15. The commissioners may, by a summons under their Power to hands and seals, or under the hand and seal of any one of them, summon and require the attendance before them, at a place and at any reason- witnesses. able time specified in the summons, of any person whose evidence they may think material to the subject-matter of the in

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quiry,