Trial of
Petitions.

Appeal.

The
Speaker.

an election.

Corrupt practices include bribery, treating, undue influence, or personation.

The Act confers jurisdiction to try Election Petitions on the following Courts:

in Quebec: the Superior Court of the Province;

in Ontario: the Court of Appeal, and the High Court of Justice of the Province;

in Nova Scotia, New Brunswick, Prince Edward's Island and the North West Territories: the Supreme Court; and in Manitoba the Court of Queen's Bench of the Province.

A Petition may be presented either by a candidate or by any one who had a right to vote at the election to which the Petition relates.

The Petition is heard before one Judge without a jury and takes place in the Electoral District, to which the return in question relates, unless the Court is of opinion that the trial could be held more conveniently elsewhere.

An Appeal is allowed in Quebec to any three judges of the Superior Court of Quebec or of Montreal, and in the other provinces to the Court of which the Judge trying the Petition is a member.

Such Appeal must be limited to a preliminary objection, which, if allowed, would have put an end to the Petition, or to an Appeal from the decision of the Judge who tried the Petition on a point of law'.

At the conclusion of the trial the Judge makes his report to the Speaker who communicates it to the House.

6. OFFICERS OF THE HOUSE.

The Speaker is elected by the House, though after his election he proceeds, accompanied by the members, to the Senate Chamber to inform his Excellency the Governor2 B. N. A. Act, 1867, ss. 44, 45.

1 R. S. C. c. 9, s. 50.

General that the House has "elected him to be their Speaker." The choice of the Speaker is not "confirmed" and "approved" by the Governor-General, as it is by the Crown in England. Up to 1840 the election of the Speaker of the Legislative Assembly in both Upper and Lower Canada was always "approved" by the Governor, but such approval is not essential'.

When a Speaker dies or resigns during a prorogation, the House of Commons at the opening of the next Session adopts the English practice of proceeding to the Senate Chamber and asking the authority of the Governor-General to proceed to the election of a Speaker according to law.

The duties of the Speaker are prescribed by Standing Duties of Speaker. Orders, by the customs of the House, and by English precedents.

He presides over all meetings of the House, and receives and puts all motions. He communicates to the House all messages received from the Governor-General or from the Senate. If necessary he reprimands members and under the instructions of the House commits persons to the custody of the Sergeant at Arms. He decides points of order, subject to an appeal to the House, and enforces all rules, and is the official mouthpiece of the House when an address is presented to the Crown or to the Governor-General.

If the Speaker from any cause finds it necessary to leave Absence of Speaker. the Chair, he may call upon the Chairman of Committees, or in his absence, upon any member, to take the Chair during the remainder of the day".

If the Speaker is unavoidably absent the Chairman of Committees acts as Deputy Speaker.

The Clerk of the House is appointed by Commission The under the Great Seal to hold office during pleasure. He

1 See ante p. 114.
4 R. S. C. c. 14, s. 1.

2 Burinot, p. 163.

3 B. N. A. Act, 1867, s. 46. 5 Ib. s. 2.

Clerks.

Sergeant

at Arms.

acts as recorder and keeps the journals of the House. The Clerk Assistant is appointed by the Speaker to assist the Clerk.

The drafting of all public bills, and their revision after passing the various stages are entrusted to the "law clerk".

The Sergeant at Arms is appointed by the Crown and acts as the chief executive officer of the House, fulfilling similar functions to those performed by the same officer in the English House of Commons.

7. INTERNAL ARRANGEMENTS.

Each member is provided with a seat and a desk to which is affixed a card with his name. It is the duty of the Sergeant at Arms to see to the allotment of seats.

Strangers are admitted to the galleries by tickets distributed to members by the Sergeant at Arms, and to the Speaker's gallery by order of the Speaker. Strangers are not obliged to withdraw when a division takes place, but either the Speaker or the House may order the withdrawal of strangers.

A member resigns or vacates his seat:

(1) By giving notice of resignation from his place in the House.

(2) By giving written notice under seal attested by two witnesses to the Speaker, or if there be no Speaker or if the member be Speaker, to two members. No member can resign while his election is contested, nor until the time during which it may be contested has elapsed'.

1 R. S. C. c. 14, s. 12.

(3) By death.

(4) By accepting certain offices1.

The House of Commons on at least one occasion since Expulsion the Confederation has expelled a member. Previous to bers.

the Union the Legislative Assemblies of Lower and Upper Canada had several times exercised the power of expulsion. In 1874 Louis Riel accused of the murder of Thomas Scott, was expelled as a fugitive from justice, and when he was returned again in 1875, a new writ was ordered to be issued for the election of a new member "in the room of Louis Riel adjudged an outlaw.”

1 R. S. C. c. 14, ss. 5-7. See ante, p. 129.

2 See cases in Burinot, p. 150.

of Mem

N. W. T.

CHAPTER XIII.

THE SENATE.

1. NUMBER.

THE number of senators by the B. N. A. Act, 1867, s. 22, was limited to 72, 24 being assigned to Ontario, 24 to Quebec, 12 to Nova Scotia and 12 to New Brunswick. On the admission of British Columbia the Order in Council of the 16th May, 1871, assigned three senators to the province and thus increased the number to 75. When Prince Edward's Island was admitted in 1873, no addition was made to the Senate, but in accordance with section 147 of the B. N. A. Act, 1867, Nova Scotia and New Brunswick were each deprived of two senators, and the four places thus obtained were given to the newly admitted province. Manitoba by the 33 Vic. c. 3, s. 3, had three senators assigned to it under the powers conferred on the Dominion Parliament by the Imperial Act 34 and 35 Vic. c. 28, thus bringing the number up to 78. Any doubt as to the validity of the addition of senators by the last mentioned act was set at rest by the Imperial Act 49 and 50 Vic. c. 35, which confers on the Dominion Parliament full power to make provision for the representation in the Senate of any new province or of any territory.

In 1887 a Dominion Act' provided that the NorthWest Territories were to be represented by two senators possessing the same qualification as other senators.

1 50 and 51 Vic. c. 3.