4. That bribery extensively prevailed at the said election; 5. That the post office address of each of your petitioners is opposite his signature.

I,

FORM B.

Affidavit.

make oath and say that I am one of the petitioners named in the foregoing petition and that the facts set forth therein are true to the best of my knowledge and belief.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

196

ROTTO

An Act respecting the Senate and House of

Commons.

CHAPTER 10.

SHORT TITLE.

1. This Act may be cited as the Senate and House of Com- Short title. mons Act.

DEMISE OF THE CROWN.

ment.

2. No parliament of Canada shall determine or be dissolved Not to disby the demise of the Crown, but such parliament shall continue, solve Parlia and may meet, convene and sit, proceed and act, notwithstanding the demise of the Crown, in the same manner as if such demise had not happened. R.S., c. 11, s. 1.

3. Nothing in the next preceding section shall alter or Prerogative abridge the power of the Crown to prorogue or dissolve the saved. Parliament of Canada. R.S., c. 11, s. 2.

PRIVILEGES AND IMMUNITIES OF MEMBERS AND OFFICERS.

4. The Senate and the House of Commons respectively, Privileges, and the members thereof respectively, shall hold, enjoy and etc., of exercise,

Senate and
House of
Commons

(a) such and the like privileges, immunities and powers defined. as, at the time of the passing of The British North America Act, 1867, were held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom, and by the members thereof, so far as the same are consistent with and not repugnant to the said Act; and, (b) such privileges, immunities and powers as are from time to time defined by Act of the Parliament of Canada, not exceeding those at the time of the passing of such Act held, enjoyed and exercised by the Commons House of Parliament of the United Kingdom and by the members thereof respectively. R.S., c. 11, s. 3.

5. Such privileges, immunities and powers shall be part Such priviof the general and public law of Canada, and it shall not be leges to be noted judici. necessary to plead the same, but the same shall, in all courts ally. in Canada, and by and before all judges, be taken notice of judicially. R.S., c. 11, s. 4.

Printed copy of journals to be evidence thereof.

In suits, etc., on proof that

tion was made by

authority of

either House,

judge shall

stay proceedings.

6. Upon any inquiry touching the privileges, immunities and powers of the Senate and of the House of Commons or of any member thereof respectively, any copy of the journals of the Senate or House of Commons, printed or purported to be printed by the order of the Senate or House of Commons, shall be admitted as evidence of such journals by all courts, justices and others, without any proof being given that such copies were so printed. R.S., c. 11, s. 5.

REPORT AND PROCEEDINGS.

7. Any person who is a defendant in any civil or criminal the publica- proceedings commenced or prosecuted in any manner for or on account of or in respect of the publication of any report, paper, votes or proceedings, by such person or by his servant, by or under the authority of the Senate or House of Commons, may bring before the court in which such proceedings are so commenced or prosecuted, or before any judge of the same, first giving twenty-four hours' notice of his intention so to do to the prosecutor or plaintiff in such proceedings, or to his attorney or solicitor, a certificate under the hand of the Speaker or Clerk of the Senate or House of Commons, as the case may be, stating that the report, paper, votes or proceedings, as the case may be, in respect whereof such civil or criminal proceedings have been commenced or prosecuted, was or were published by such person or by his servant, by order or under the authority of the Senate or House of Commons, as the case may be, together with an affidavit verifying such certificate.

Stay of proceedings on proof of correctness of copy.

What proof

on general

2. Such court or judge shall thereupon immediately stay such civil or criminal proceedings, and the same and every writ or process issued therein shall be and shall be deemed and taken to be finally put an end to, determined and superseded by virtue of this Act. R.S., c. 11, s. 6.

8. If any civil or criminal proceedings are commenced or prosecuted for or on account or in respect of the publication of any copy of such report, paper, votes or proceedings, the defendant, at any stage of the proceedings, may lay before the court or judge, such report, paper, votes or proceedings, and such copy with an affidavit verifying such report, paper, votes or proceedings, and the correctness of such copy.

2. The court or judge shall thereupon immediately stay such civil or criminal proceedings, and the same and every writ or process issued therein, shall be and shall be deemed to be finally put an end to, determined and superseded by virtue of this Act. R.S., c. 11, s. 7.

9. In any civil or criminal proceedings commenced or prosemay be made cuted for printing any extract from or abstract of any such report, paper, votes or proceedings, such report, paper, votes or proceedings may be given in evidence, and it may be shown that

issue in action for publishing

198

such

of reports,

such extract or abstract was published bona fide and without extracts, etc, malice, and, if such is the opinion of the jury, a verdict of not etc. guilty shall be entered for the defendant. R.S., c. 11, s. 8.

INDEPENDENCE OF PARLIAMENT.

Members of the House of Commons.

office of

Crown.

10. Except as hereinafter specially provided,(a) no person accepting or holding any office, commission or No person employment, permanent or temporary, in the service of the holding any Government of Canada, at the nomination of the Crown, emolument or at the nomination of any of the officers of the Govern- under the ment of Canada, to which any salary, fee, wages, allowance, emolument, or profit of any kind is attached; and, (b) no sheriff, registrar of deeds, clerk of the peace, or Nor any county crown attorney in any of the provinces of Canada, sheriff, etc., shall be eligible as a member of the House of Commons, or shall member. sit or vote therein. R.S., c. 11, s. 9.

11. Nothing in the next preceding section shall render Exception ineligible any person holding any office, commission or employ- for employees withment, permanent or temporary, in the service of the Govern- out a salary. ment of Canada, at the nomination of the Crown, or at the nomination of any of the officers of the Government of Canada, as a member of the House of Commons, or shall disqualify him from sitting or voting therein, if, by his commission or other instrument of appointment, it is declared or provided that he shall hold such office, commission or employment without any salary, fees, wages, allowances, emolument or other profit of any kind, attached thereto. R.S., c. 11, s. 9.

Members of

certain

12. Nothing in this Act contained shall render ineligible, Further exas aforesaid, any person holding the office of President of the ception. Privy Council, Minister of Finance, Minister of Justice, Minis- Privy Counter of Militia and Defence, Secretary of State, Minister of the cil holding Interior, Minister of Railways and Canals, Minister of Public offices. Works, Postmaster General, Minister of Agriculture, Minister of Inland Revenue, Minister of Customs, Minister of Marine and Fisheries, Minister of Trade and Commerce or Solicitor General, or any office which is hereafter created, to be held by a member of the King's Privy Council for Canada and entitling him to be a Minister of the Crown, or shall disqualify any such person to sit or vote in the House of Commons, if he is elected while he holds such office and is not otherwise disqualified. R.S., c. 11, s. 9; 50-51 V., c. 10, s. 1, and c. 14, ss. 1, 3.

cil may va

13. Whenever any person holding the office of President of Members of the Privy Council, Minister of Finance, Minister of Justice, Privy CounMinister of Militia and Defence, Secretary of State, Minister cate offices of the Interior, Minister of Railways and Canals, Minister of and accept

in a month

without va

seats.

another with- Public Works, Postmaster General, Minister of Agriculture, Minister of Inland Revenue, Minister of Customs, Minister cating their of Marine and Fisheries, Minister of Trade and Commerce or Solicitor General, or any office which is hereafter created, entitling him to be a Minister of the Crown, and being at the same time a member of the House of Commons, resigns his office, and, within one month after his resignation, accepts any of the said offices, he shall not thereby vacate his seat, unless the administration of which he was a member has resigned, and a new administration has been formed and has occupied the said offices. R.S., c. 11, s. 9; 50-51 V., c. 10, s. 1, and c. 14, s. 4.

No contractor, etc., with

member.

14. No person, directly or indirectly, alone or with any the Govern- other, by himself or by the interposition of any trustee or third ment to be a party, holding or enjoying, undertaking or executing any contract or agreement, expressed or implied, with or for the Government of Canada on behalf of the Crown, or with or for any of the officers of the Government of Canada, for which any public money of Canada is to be paid, shall be eligible as a member of the House of Commons, or shall sit or vote in the said House. R.S., c. 11, s. 10.

Member becoming disqualified to vacate his

seat.

Penalty on person disqualified

sitting and voting.

How recoverable.

As to acts done in

recess.

15. If any member of the House of Commons accepts any office or commission, or is concerned or interested in any contract, agreement, service or work which, by this Act, renders a person incapable of being elected to, or of sitting or voting in the House of Commons, or knowingly sells any goods, wares or merchandise to, or performs any service for the Government of Canada, or for any of the officers of the Government of Canada, for which any public money of Canada is paid or to be paid, whether such contract, agreement or sale is expressed or implied, and whether the transaction is single or continuous, the seat of such member shall thereby be vacated, and his election shall thenceforth be null and void. R.S., c. 11, s. 12.

16. If any person disqualified or by this Act declared incapable of being elected to, or of sitting or voting in the House of Commons, or if any person duly elected, who has become disqualified to continue to be a member or to sit or vote, under the last preceding section of this Act, nevertheless sits or votes, or continues to sit or vote therein, he shall thereby forfeit the sum of two hundred dollars for each and every day on which he so sits or votes.

2. Such sum shall be recoverable from him by any person who sues for the same in any court of competent civil jurisdiction in Canada. R.S., c. 11, s. 13.

17. The three sections of this Act next preceding shall extend to any transaction or act begun and concluded during a recess of Parliament. R.S., c. 11, s. 14. 200

18.