ACTS

OF THE PARLIAMENT

OF THE

DOMINION OF CANADA,

PASSED IN THE

THIRTY-SIXTH YEAR OF THE REIGN OF HER MAJESTY

QUEEN VICTORIA;

AND IN THE

FIRST SESSION OF THE SECOND PARLIAMENT,

Begun and holden at Ottawa, on the fifth day of March, and closed by Prorogation on the thirteenth day of August, 1873.

THE RIGHT HONOURABLE, SIR FREDERICK TEMPLE, EARL OF DUFFERIN,

GOVERNOR GENERAL.

OTTAWA:

PRINTED BY BROWN CHAMBERLIN,

LAW PRINTER TO THE QUEEN'S MOST EXCELLENT MAJESTY.

ANNO DOMINI, 1873.

An Act to provide for the examination of witnesses on Oath by Committees of the Senate and House of Commons, in certain cases.

[Assented to 3rd May, 1873.]

HER

ER MAJESTY, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows:

1. Whenever any witness or witnesses is or are to be examined Examination by any Committee of the Senate or House of Commons, and the on oath. Senate or House of Commons shall have resolved that it is desirable that such witness or witnesses shall be examined upon oath, such witness or witnesses shall be examined upon oath, or affirmation, where affirmation is allowed by law.

2. Such oath or affirmation shall be administered by the How adminis. chairman or any member of any such Committee as aforesaid. tered.

3. Any witness giving false evidence upon any such examina- Perjury. tion, shall be subject and liable to all the pains and penalties of perjury, as fixed by the criminal law.

4. The oath or affirmation aforesaid shall be in the following Form of eath, form: "The evidence you shall give on this examination shall be the truth, the whole truth, and nothing but the truth. So help you God."

• Disallowed by Her Majesty.-See Proclamation of 1st July, 1873.

CHAP.

Preamble.

Members of

a Provincial

CHAP. 2,

An Act to render Members of the Legislative Councils and Legislative Assemblies of the Provinces now included, or which may hereafter be included within the Dominion of Canada, ineligible for sitting or voting in the House of Commons of Canada.

H

[Assented to 3rd May, 1873.]

ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. After the dissolution of the present Parliament of Canada, no person who is a Member of any Legislative Council or of any not eligible as Legislative Assembly of any Province now included, or which

Legislature

Members of

the House of Commons'. Election to be void.

A Member of

the House of

Commons elected to or

appointed to a

seat in a Pro

vincial Legis

lature and accepting it, to vacate his seat in the Commons. Proviso, as to Members

elected or ap pointed without their knowledge.

Penalty on

declared

may hereafter be included within the Dominion of Canada, shall be eligible as a Member of the House of Commons, or shall be capable of sitting or voting in the same; and if any one so declared ineligible is, nevertheless, elected and returned as a Member of the said House of Commons, his election shall be null and void.

2. If any Member of the House of Commons shall be elected and returned to any Legislative Assembly, or shall be elected or appointed a Member of any Legislative Council, and accept the seat, his election as a Member of the House of Commons shall thereupon become null and void, and his seat shall be vacated, and a new writ shall issue forthwith for a new election, as if he were naturally dead: Provided always, that any Member of the House of Commons, so elected or appointed without his knowledge or consent, and who, without taking his seat in the Provincial Legislature, within ten days after having been notified of his election, or if he is not within the Province at the time, then within ten days after his arrival within the Province, resigns his seat and notifies the Speaker of the House of Commons, he shall hold his seat in the House of Commons as if no election or appointment to a seat in a Provincial Legislature had been made.

3. If any person who is made by this Act ineligible as a persons hereby Member of the House of Commons, or incapable of sitting or ineligible, sit voting therein, does, nevertheless, so sit or vote, he shall forfeit ing and voting the sum of two thousand dollars for every day he sits or votes, in the House and such sum may be recovered from him by any person who will sue for the same, by action in any form allowed by the law of procedure in the Province in which the action is brought, in any court having jurisdiction.

of Commons.

Aot to apply to elections

held after its passing.

4. This Act shall apply to any election of a Member of the House of Commons which may take place after the passing thereof, during the continuance of the present Parliament, and to any member elected thereat.

CHAP.