Provision for the transmission of recognizances by post.

Course when

proceedings are to be

Province where the

Recognizance was not taken.

the same shall have been so transmitted as aforesaid, and the validity of such certificate (the handwriting of the Speaker thereunto being duly verified,) shall not be called in question in any such Court upon the ground of any matter having arisen anterior to the date of such certificate.

CXLIV. And be it enacted, That for the purpose of transmitting any such Recognizance through the Post as aforesaid, the Clerk of the Commons House of Legislative Assembly, or some other person appointed by the Speaker for that purpose, shall carry such Recognizance under a cover directed to the Chief Justice or one of the Judges of the Court into which the same shall be so certified as aforesaid, to the General Post Office of the place where such Recognizance shall then be with the other Records of the said House, and there deliver the same to the Post Master or Deputy Post Master of such place for the time being, or to the person discharging the duties of such Post Master or Deputy Post Master therein for the time being, who on receipt thereof shall give an acknowledgment in writing of such receipt to the person from whom the same is received, and shall keep a duplicate of such acknowledgment signed by the parties. respectively to whom the same is so delivered, and the said Post Master or Deputy Post Master, or person performing the duties of such Post Master or Deputy Post Master, shall despatch all such Recognizances by the first Post or Mail after the receipt thereof, to the person to whom the same is directed, accompanied with proper directions to the Post Master or Deputy Post Master of the town or place to which the same is directed, or person performing the duties of such Post Master or Deputy Post Master at such place for the time being, requiring him forthwith to carry such Recognizance, and to deliver the same to the person to whom the same is directed, who (or some officer appointed by the Court for that purpose) is hereby required to give such Post Master or Deputy Post Master, or person performing the duties of such Post Master or Deputy Post Master, a Memorandum in writing under his hand, acknowledging the receipt of every such Recognizance, and setting forth the day and hour the same was delivered by him as aforesaid, which Memorandum shall also be signed by the person receiving the same, and be by him transmitted by the first or second Post afterwards to the said Post Master or Deputy Post Master of the office from which the same was so transmitted to him as aforesaid.

CXLV. And be it enacted, That when it shall become necessary or desirable to had in that part of the proceed upon any such Recognizance in the other section of the Province in which the same was not taken, it shall and may be lawful, upon filing an exemplification of such Recognizance under the Seal of the Court into which the same shall have been so returned, as provided by the one hundred and forty-third Section of this Act, to proceed thereon as if such Recognizance had been taken in such other section of the Province and duly returned into the Court in which such exemplification thereof shall be so filed as aforesaid.

Application of moneys
Recognizance.

CXLVI. And be it enacted, That if the costs and expenses intended to be secured deposited instead of by any Recognizance instead of which any moneys shall have been deposited in the hands of the Chief Clerk of the Commons House of Legislative Assembly of this Province, be not paid pursuant to the provisions of this Act, all such moneys, or so much thereof as may be necessary for that purpose, shall be applied in such order of payment as the Speaker of the said House for the time being in his discretion may think fit, in satisfaction of such costs and expenses, or so much thereof as can be thereby satisfied, and thereafter the residue of such moneys, if any, shall be paid to the party by whom or on whose account the same were so deposited as aforesaid.

Application of the proceeds of

recognizances estreated.

CXLVII. And be it enacted, That all moneys which shall be received or recovered by reason or in pursuance of the estreating of or otherwise proceeding upon any such Recognizance as aforesaid, shall, after deducting all expenses incurred in respect thereof, be forthwith paid by the proper officer for that purpose into the hands of the Chief Clerk of the Commons House of Legislative Assembly of this Province, to the credit of the Speaker of the said Commons House of Legislative Assembly by his name of office, and shall be applied in manner hereinafter mentioned, in satisfaction,

SO

so far as the same will extend, of the costs and expenses intended to be secured by such Recognizance.

CXLVIII. And be it enacted, That any person who has entered into any such Recognizance may, before the same has been estreated or otherwise proceeded upon as aforesaid, pay the sum of money for which he is bound by such Recognizance into the hands of the Chief Clerk of the Commons House of Legislative Assembly of this Province, to the credit of the said Speaker's account, and the Speaker, upon production to him of a receipt or certificate from the said Chief Clerk for the sum so paid in, shall endorse on the Recognizance in respect of which such money has been so paid in, a Memorandum of such payment, and thereupon such Recognizance shall, so far as regards the person by or on whose behalf such money has been so paid, be deemed to be vacated, and shall not afterwards be estreated or otherwise proceeded upon as aforesaid, as against him, but such Recognizance shall continue to be in force as regards any other person who has entered into the same.

CXLIX. And be it enacted, That in every case in which any money is paid into the hands of such Chief Clerk, to the credit of the said Speaker's account as hereinbefore provided, a receipt or certificate of the amount so paid in shall be delivered to the Speaker by the person paying in the same, and such money shall in the first place, and in such order of payment as the Speaker in his discretion may think fit, be applied in satisfaction of all the costs and expenses for securing payment of which such Recognizance was given, or so much thereof as can be thereby satisfied, and thereafter the residue (if any) shall be paid to the party by whom or on whose account the same was paid in.

10. MISCELLANEOUS PROVISIONS.

CL. And be it enacted, That if any Sheriff or other Returning Officer shall wilfully delay, neglect or refuse duly to return any person who ought to be returned to serve in Parliament for any County, Riding, City, Town, Borough or place in this Province, such person may, in case it have been determined by a Select Committee appointed in the manner herein before directed, that such person was entitled to have been returned, sue the Sheriff or other Officer having so wilfully delayed, neglected or refused duly to make such return at his Election, in any of Her Majesty's Superior Courts of Record of original jurisdiction for Lower or Upper Canada, and shall recover double the damages he has sustained by reason thereof, together with full costs of suit, provided such action be commenced within one year after the commission of the act on which it is grounded, or within six months after the conclusion of any proceedings in the Commons House of Legislative Assembly relating to such Election.

CLI. And be it enacted, That all pecuniary penalties in and by this Act imposed, shall and may be recovered, with full costs of suit, by any person or persons who shall sue for the same by action of debt in any Court in this Province having jurisdiction to the amount of such penalties respectively; and it shall be sufficient for the Plaintiff or Plaintiffs to declare that the Defendant or Defendants is or are indebted to him or them to the amount of the penalty sued for, by virtue of this Act.

CLII. And be it enacted, That every indictment, information or action for any offence against this Act, or any forfeiture incurred under the same, shall be found, filed or commenced within one year after the commission of the fact on which such indictment, information or action shall be grounded, or within six months after the conclusion of the proceedings in the Commons House of Legislative Assembly, relating to the Election Petition on the trial of which such fact shall have arisen, and not afterwards.

CLIII. And be it enacted, That all Mayors and Aldermen of Cities, and all Mayors, Who shall be deemed Town Reeves and other Heads of any of the Municipal Corporations in this Province, a Justice of the Peace and other the like persons, as well as all other persons having by Statute for the time for the purposes of being ex officio Magisterial power in any part of this Province, shall, within the limits

of their jurisdiction in that respect, be and be held to be Justices of the Peace within

the meaning of this Act.

Questions concerning the regularity of any proceedings to be

decided solely by the

Select Committee.

Omission to observe

affirmative

provisions

not to be fatal, if declared by the Committee not to

affect the substance of

the question at issue.

If such omission affects the merits of

default to be

considered as having

abandoned his case, quo ad such cause.

CLIV. And be it enacted, That all questions as to the sufficiency or regularity of any proceeding had, taken or followed, either by the Commons House of Legislative Assembly, or the Speaker, Clerk or other Officer thereof, or by the Select Committee appointed for the trial of any such Election Petition, or the Chairman, Clerk or other Officer thereof, or by any Commissioner appointed to take evidence upon any such trial, or any Clerk, Bailiff or other Officer acting under such Commissioner, or by any of the parties interested or concerned either in the prosecution or defense of such Election Petition, his Counsel or Agent in the conduct of the case of such party upon such Election Petition, shall, so far as the same regards the trial and disposal of such Election Petition by such Select Committee, and the action of the House upon the Report of such Select Committee, be wholly judged of and determined by such Select Committee, and not by the said House; and no order or resolution of the said House respecting the sufficiency or regularity of any such proceeding shall in any wise be binding upon such Select Committee as far as regards the trial and disposal of such Election Petition.

CLV. And be it enacted, That the neglect or omission of any party interested or concerned either in the prosecution or defense of any such Election Petition, to observe strictly any of the directions contained in this Act respecting any proceeding or course of proceeding to be by him had or followed in the prosecution or defense of any such Election Petition, except only where by the use of negative as well as affirmative terms the intention of the Legislature shall have been manifested, that such proceeding or course of proceeding, and no other, as to time, place and circumstance, or any of them respectively, should be had or followed in such case, shall not render such proceeding, or course of proceeding, or the subsequent proceedings of such Select Committee in the trial and disposal of such Election Petition, necessarily void or of none effect, provided that such Select Committee shall thereupon come to a resolution to be reported to the Commons House of Legislative Assembly, with the reasons of such Committee for coming to the same, that such neglect or omission hath not so affected the position of the parties to such Election Petition, or any of them, or the proceedings before them in relation to the same, as to interfere with or prevent the disposal by such Select Committee of any of the substantial questions raised upon such Election Petition, upon the true merits thereof.

CLVI. And be it enacted, That whenever any such neglect or omission as is referred the case, the party in to in the next preceding section of this Act shall, in the opinion of such Select Committee, affect the position of the parties to such Election Petition, or any of them, or the proceedings before them in relation to the same, so as to interfere with or prevent the disposal by such Committee of any of the substantial questions raised upon such Election Petition, upon the true merits thereof, the said Committee shall, by a resolution to be adopted by them and reported to the House, with the reasons therefor as aforesaid, declare the same, and thereupon the party in default shall not be thereafter received further to proceed with his case, so far as any such question is concerned, but shall be dealt with in every respect as if he had then voluntarily ceased further to prosecute his case as respects the same; except only, firstly, that it shall remain open to such party to contend, if he think fit, that his case as to any such question had been then already sufficiently established in respect of the same or any part thereof, to entitle him to the decision of the said Select Committee in his favor upon the same; And except, also, secondly, that such resolution shall not preclude such Select Committee from taking into consideration such neglect or omission, and all the circumstances attending the same, in coming to a conclusion as to whether the prosecution or defense of such party was or was not frivolous or vexatious, and reporting the same to the said House as aforesaid.

Exceptions.

Exceptions.

How the omission shall be dealt with, if declared not to affect the substance of the question.

CLVII. And be it enacted, That in every such case of neglect or omission as is referred to in the next preceding section of this Act but one, the default of the party guilty of such neglect or omission, shall and may in their discretion be dealt with by the Select Committee for the trial of such Election Petition, either by the imposition upon such party, for the benefit of the party or parties opponent, of such conditions in respect

of

of the future conduct of his case or any part thereof, or by granting time or other indulgence to such party or parties opponent for facilitating the conduct of their case or cases, or some part or parts thereof, or by the imposition of costs to be paid by the party in default to such party or parties opponent as aforesaid, or any or either of them, and by making the payment of such costs a condition precedent to permitting such party in default to proceed with his case or some part or parts thereof, or in such other manner as to such Select Committee shall or may under all the circumstances thereof appear just in that behalf.

with the directions of

Clerk, Committee,

CLVIII. And be it enacted, That the non-observance by the Commons House of Provision if the party Legislative Assembly, or the Speaker, Clerk, or other Officer thereof, or by the Select omitting to comply Committee appointed for the trial of any such Election Petition, or the Chairman, the Act, be it House, Clerk, or other Officer thereof, or by any Commissioner appointed to take evidence the Speaker, the upon any such trial, or any Clerk, Bailiff, or other Officer acting under such Chairman, &c. Commissioner, of any of the directions contained in this Act respecting any proceeding or course of proceeding to be had or taken by them respectively, in the disposal of such Election Petition, or the trial thereof, except only where, by the use of negative as well as affirmative terms the intention of the Legislature shall have been manifested, that only such proceeding or course of proceeding, and no other, as to time, place and circumstance, or any of them respectively, should be had or taken in such case, shall not render such proceeding or course of proceeding, or the subsequent proceedings of such Select Committee in the trial and disposal of such Election Petition, necessarily void or of none effect, provided that such Select Committee shall thereupon come to a resolution, to be reported to the Commons House of Legislative Assembly, with the reasons of such Committee for coming to the same, that such neglect or omission hath not so affected the position of the parties to such Election Petition, or any of them, or the proceedings before them in relation to the same, as to interfere with or prevent the disposal by such Committee of any substantial question raised upon such Election Petition upon the true merits thereof; but in every such case where necessary, such non-observance shall be supplied, in the case of non-observance by the said House, or the Speaker, Clerk, or other Officer thereof, under the direction of the House itself, and in the case of such non-observance by the said Select Committee, or the Chairman, Clerk, or other Officer thereof, or by any such Commissioner for taking evidence as aforesaid, or any Clerk, Bailiff or other Officer acting under him as aforesaid, then under the direction of such Select Committee, so as to occasion to the parties prosecuting and defending such Election Petition as little inconvenience, delay or expense as may be.

How the Speaker, Clerk or other officer of the House, the directions of the Act, may be punished

omitting to observe

or dealt with.

CLIX. And be it enacted, That in all such cases of non-observance as are referred to in the next preceding section of this Act, where such non-observance shall have taken place on the part of the Speaker, Clerk or other Officer of the Commons House of Legislative Assembly, or on that of the Select Committee appointed for the trial of any such Election Petition, or the Chairman, Clerk, or other Officer thereof, or on that of any Commissioner appointed to take evidence upon any such trial, or any Clerk, Bailiff, or other Officer acting under such Commissioner, the persons guilty of such non-observance, may, by order of the said House in its discretion, be taken into the custody of the Sergeant at Arms attending such House, or his Deputy, for such nonobservance, and be otherwise dealt with, at the like discretion of the said House, by censure or imprisonment, or by requiring them to make such satisfaction to the parties so interested or concerned in such Election Petition, or any of them, as to the said House may seem just, and by commitment of such persons, or any of them, in execution, for such period as the said House may deem proper, or until such satisfaction be made to such parties or any of them, according to the judgment come to by the said House in that behalf, or by all or any of such means as in the discretion of the said House shall seem just. Provided always nevertheless, that every such proceeding by the said Proviso. House shall, in all cases except that of the Speaker of the said House, or in that of the Baid Select Committee or the Chairman or other Member thereof, be had and taken by

the

As to cases where no express provision is made by this Act.

Repeal of Acts

inconsistent with this Act.

Proviso.

Proviso.

Short title.

the said House only upon a special report of such non-observance made by such Select Committee to the said House, and not otherwise.

CLX. And be it enacted, That if with regard to any Election Petition, any case shall arise as to which no express provision is made by this Act, and in which if it were treated as a case wholly without the purview of this Act, there would be a manifest failure of justice, without any error, fault or neglect of any of the parties interested, then such case shall not be held to be omitted, but it shall be lawful for the House, Speaker, General Election Committee, Chairmen's Panel, Select Committee, or Commissioner, as the case may be, to adopt such proceeding as they or he shall deem most consonant to the express provisions, spirit and intent of this Act, and when such proceeding shall not be taken by the House, to report the same to the House, for the information thereof only, and such proceeding shall not be held illegal, unless it be inconsistent with some express provision of this Act, or some other existing provision of law.

CLXI. And be it enacted, That the several Acts of the Parliaments of the late Provinces of Lower and Upper Canada, set forth in the Schedule to this Act annexed marked C, and containing a description of the Acts repealed by this Act, so far as the same shall be in force at the commencement of this Act, and all Acts continuing or making permanent any of the said Acts, or continued or made permanent by any of them, shall be and the same are hereby repealed: Provided always nevertheless, firstly, that no Act or part of an Act repealed by any of the Acts hereby repealed, shall be revived by the passing of this Act; and no Act or part of an Act perpetuated or continued by any of the Acts hereby repealed, (except such as are hereby expressly repealed,) shall be repealed by the passing of this Act; And provided also, secondly, that this repeal of the said Scheduled Acts, shall not extend or be construed to extend to any act done, or to be done, or to any proceeding had or to be had, as growing out of or as incident to any Election Petition presented during the present Session of Parliament, under the said Scheduled Acts, or any of them, all which acts and proceedings shall have effect, and shall and may be had, continued and completed as if this Act had not been passed, and the Recognizances entered into in respect of such Petitions shall be taken to be and remain in force, and shall take effect in all respects as if this Act had not been passed.

CLXII. And be it enacted, That in citing this Act, it shall be sufficient in all cases to use the expression, "The Election Petitions Act of 1851."

SCHEDULES.

A (1.)-RECOGNIZANCE ON THE PART OF PETITIONER

CANADA,}

(Referred to in the Tenth Section of this Act.)

Be it remembered, that on the

day of

in the year

Before me the

of Our Lord one thousand eight hundred and
Honorable A. M. Speaker of the Honorable the Commons House of Legislative
Assembly of the Province of Canada, (or before me N. M. Esquire, one of Her
Majesty's Justices of the Peace for &c., or Mayor, Alderman or Town Reeve of

in

Canada, as the case may be) at

A. B. of &c., Esquire, (as the case may be) C. D. of &c., E. F. of &c., and G. H, of
&c., and acknowledged himself (or severally acknowledged themselves) to owe to
Our Sovereign Lady the Queen, the sum of Two Hundred Pounds, (or the following
sums, that is to say the said A. B. the sum of
the said C. D. the
sum of
the said E. F. the sum of
and the said G. H.

the sum of

to be levied on his (or their respective) Goods and Chattels, Lands and Tenements, to the use of Our said Sovereign Lady the Queen, Her Heirs and Successors.

The