Sums granted to His purposes of of Commons shall pay to the member the allowance to which he is entitled. 6 E. VII., c. 48, s. 3. 42. There is hereby granted to His Majesty, out of any Majesty for unappropriated moneys forming part of the Consolidated Revenue Fund of Canada, an annual sum sufficient to enable His Majesty to pay the amount of the sessional allowances hereinbefore mentioned. 52 V., c. 10, s. 1. this Act. How ex pended as to House of Commons. And as to Credits on banks of Canada. Clerk to apply therefor. 43. All moneys expended under this Act, in respect of the House of Commons, shall be expended and accounted for in the same manner as moneys for defraying the contingent expenses of the House of Commons are to be expended and accounted for under the House of Commons Act. 52 V., c. 10, s. 1. 44. Credits for all sums voted by Parliament and payable in respect of allowances to members of the Senate as hereinbefore provided, and in respect of other expenditure for the service of the Senate, shall issue from time to time. 2. Such credits shall issue on one of the banks of Canada in favour of the Clerk of the Senate and the assistant accountant of the Senate, or such other persons as the Speaker of the Senate from time to time designates for the purpose. 3. Such Clerk shall from time to time apply for such credits as he deems necessary, by an order signed by him. c. 10, s. 1. 52 V., SCHEDULE. FORM A. The evidence you shall give on this examination shall be the truth, the whole truth and nothing but the truth. So help you God. R.S., c. 11, form A. FORM B. I, A. B., do solemnly, sincerely and truly affirm and declare that the taking of any oath is according to my religious belief unlawful, and I do also solemnly, sincerely and truly affirm and declare, etc. 57-58 V., c. 16, s. 6. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 206 CHAPTER 11. An Act respecting the House of Commons. SHORT TITLE. 1. This Act may be cited as the House of Commons Act. DISQUALIFICATIONS OF MEMBERS. Short title. legislatures 2. No person who, on the day of the nomination at any elec- Members of tion to the House of Commons, is a member of any legislative not eligible. council or of any legislative assembly of any province now included, or which shall be hereafter included, within the Dominion of Canada, shall be eligible as a member of the House of Commons, or shall be capable of being nominated or voted for at such election, or of being elected to or of sitting or voting in the House of Commons. be void. 2. If any one so declared ineligible is elected and returned Election to as a member of the House of Commons, his election shall be null and void. R.S., c. 13, s. 1; 57-58 V., c. 15, s. 2. Member accepting lature to seat. Proviso if without his 3. If any member of the House of Commons is elected and returned to any legislative assembly, or is elected or appointed seat in proa member of any legislative council and accepts the seat, his vincial legiselection as a member of the House of Commons shall there- vacate his upon become null and void, and his seat shall be vacated, and a new writ shall issue forthwith for a new election: Provided, elected or that any member of the House of Commons, elected or appointed appointed to a provincial legislature without his knowledge or consent, knowledge. shall continue to hold his seat in the House of Commons as if no such election or appointment to a provincial legislature had been made, if, without taking his seat in the provincial legislature, and within ten days after being notified of such election or appointment, or, if he is not within the province at the time, then within ten days after his arrival within the province, he resigns his seat in such legislature, and notifies the Speaker of the House of Commons of such resignation. R.S., c. 13, s. 3. person in 4. If any person who is by this Act declared ineligible as a Penalty for member of the House of Commons, or incapable of sitting or eligible voting therein, so sits or votes, he shall forfeit the sum of two sitting or thousand dollars for every day he sits or votes. 207 2. voting. Recovery. 2. Such sum may be recovered by any person who sues for the same, by action in any form allowed by law in the province in which the action is brought, in any court having jurisdiction. R.S., c. 13, s. 4. Member may resign his seat; how. Warrant for new writ of election. Entry in journals. Proceedings ber wishes there is no RESIGNATION OF MEMBERS. 5. Any member of the House of Commons may resign his seat, (a) by giving, in his place in the House, notice of his inten- and in either case a writ shall issue accordingly. 2. An entry of the declaration so delivered to the Speaker shall be thereafter made in the journals of the House. R.S., c. 13, s. 5. 6. If any member of the House of Commons wishes to resign when a mem- his seat in the interval between two sessions of Parliament, to resign and and there is then no Speaker, or, if the Speaker is absent from Canada, or, if such member is himself the Speaker, he may he himself is address or cause to be delivered to any two members of the Speaker. House the declaration before mentioned of his intention to resign. Speaker or Warrant for Seat vacant. 2. Such two members, upon receiving such declaration, shall forthwith address their warrant, under their hands and seals, to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a member in the place of the member so notifying his intention to resign, and such writ shall issue accordingly. R.S., c. 13, ss. 6, 8. 7. Any member tendering his resignation in any manner hereinbefore provided, shall be held to have vacated his seat and shall cease to be a member of the House. R.S., c. 13, ss. 5, 6. 8. No member shall tender his resignation while his election Not to reis lawfully contested, or until after the expiration of the time sign when during which it may by law be contested on other grounds than contested. corruption or bribery. R.S., c. 13, s. 7. election is VACANCIES. ceptance of 9. If any vacancy happens in the House of Commons by Vacancy by the death of any member, or by his accepting any office, the death or acSpeaker, on being informed of such vacancy by any member of office. the House in his place, or by notice in writing under the hands and seals of any two members of the House, shall forthwith address his warrant to the Clerk of the Crown in Chancery for the issue of a new writ for the election of a member to fill the vacancy; and a new writ shall issue accordingly. R.S., c. 13, s. 8. he is absent, 10. If, when such vacancy happens, or at any time there- If there is no after, before the Speaker's warrant for a new writ has issued, Speaker, there is no Speaker of the House, or if the Speaker is absent or member is from Canada, or if the member whose seat is vacated is him- himself the Speaker. self the Speaker, then, any two members of the House may address their warrant, under their hands and seals, to the Clerk of the Crown in Chancery, for the issue of a new writ for the election of a member to fill such vacancy; and such writ shall issue accordingly. R.S., c. 13, s. 8. fore Parlia 11. A warrant may issue to the Clerk of the Crown in Vacancy ocChancery for the issue of a new, writ for the election of a mem- curring beber of the House of Commons to fill any vacancy arising sub- ment meets sequently to a general election, and before the first meeting of after a Parliament thereafter, by reason of the death or acceptance of tion. office of any member. general elec 2. Such writ may issue at any time after such death or When writ acceptance of office. may issue. 3. The election to be held under such writ, shall not in any Effect of manner affect the rights of any person entitled to contest the election. previous election. 4. The report of any judge appointed to try such previous Report of trial judge or election, or of the Supreme Court of Canada, in case of an Supreme appeal, shall determine whether the member who has so died or Court. accepted office, or any other person was duly returned or elected thereat. 5. The determination, if adverse to the return of such mem- Effect of deber, and in favour of any other candidate, shall avoid the elec- termination. tion held under this section, and the candidate declared duly elected at the previous election shall be entitled to as if no such subsequent election had been held. take his seat INTERNAL In case of dissolution, Speaker to act until another is chosen. Speaker and four other Commissioners to act. How appointed. Quorum. INTERNAL ECONOMY. 12. The person who fills the office of Speaker at the time of any dissolution of Parliament, shall, for the purpose of the following provisions of this Act, be deemed to be the Speaker until a Speaker is chosen by the new Parliament. R.S., c. 13, s. 10. 13. The Governor in Council shall appoint four members of the King's Privy Council for Canada, who are also members of the House of Commons, who, with the Speaker of the House of Commons, shall be Commissioners for the purposes of this and the four next following sections. 2. The names and offices of such Commissioners shall be communicated by message from the Governor in Council to the House of Commons, in the first week of each session of Parliament. 3. Three of the Commissioners, whereof the Speaker of the House of Commons shall be one, may carry the said proCase of death visions into execution; and in the event of the death, disability, or absence from Canada of the Speaker during any dissolution or prorogation of Parliament, any three of the Commissioners may carry the said provisions into execution. R.S., c. 13, s. 11. or absence of Speaker. Estimate to the Clerk. 14. An estimate shall annually be prepared by the Clerk of be made by the House of Commons of the sums which will probably be required to be provided by Parliament for the payment of the indemnity and the actual moving or transportation expenses of members, and of salaries, allowances and contingent expenses of the House, and of the several officers and clerks thereof under his direction, during the fiscal year. And by the arms. To be submitted to Speaker. Speaker to prepare an estimate. Estimates to be submitted 2. The Serjeant-at-Arms of the House of Commons shall annually prepare an estimate of the sums which will probably be required to be provided by Parliament for the payment of salaries or allowances of the messengers, door-keepers and servants of the House under his direction, and of the contingent expenses under his direction, during such year. 3. Such estimates shall be submitted to the Speaker for his approval, and shall be subject to such approval and to such alterations as the Speaker considers proper. 4. The Speaker shall thereupon prepare an estimate of the sums requisite for the several purposes aforesaid, and shall sign the same. 5. Such several estimates of the Clerk, Serjeant-at-Arms and to Minister Speaker shall be transmitted by the Speaker to the Minister of of Finance. Finance for his approval, and shall be laid severally before the House of Commons with the other estimates for the year. R.S., c. 13, s. 12. Money payable for members' 15. All sums of money voted by Parliament upon such estimates or payable to members of the House of Commons, 210 under |