EXEMPTIONS. 74.-All persons over sixty years of age; all Members Exemptions. and Officers of the Legislative Council and of the Legislative Assembly; all persons in the Civil Service of the Crown; all Judges, not disqualified by the last preceding section, all Sheriffs and Coroners; all persons in Priests' Orders, Clergymen and Ministers of the Gospel of every denomination; all Members of the Law Society of Upper Canada, whether Barristers or Students; all Attorneys and Solicitors in actual practice; all Officers of Courts of Justice; all Members of the Medical Profession, whether Physicians or Surgeons; all Professors, Masters, Teachers and other Members of any University, College or School in Upper Canada, and all Officers and Servants thereof; all Millers; and all Firemen belonging to an authorized Fire Company-are exempt from being elected or appointed Councillors, or to any other Corporate Office (n) ELECTORS. qualification 75.-The Electors of every Municipality for which there Electors, is an assessment roll, (o) and the Electors of every Police of, in Town ships, &c., having an as Council is disqualified from sitting as a member of the Council. (The sessment roli Queen ex rel. Stock v. Davis, 3 U. C. L. J. 128.) So a person who has contracted for a lease, though the contract be executed by himself only and not by the corporation. (Ib.) Where defendant, before the election, had tendered for some painting and glazing required for the city hospital, and his tender having been accepted, he had done a portion of the work, for which he had not been paid, but afterwards refused to execute a written contract prepared by the City Solicitor, and informed the Mayor of the City that he did not intend to go on with the work, he was notwithstanding held to be disqualified. (The Queen ex rel. Moore v. Miller, 11 U. C. Q. B. 465.) In such a case it is immaterial whether there is or is not a contract binding on the corporation. (16.) So where it was shown that the candidate elected was at the time of the election surety for the Treasurer of the Town and acting as the Solicitor of the Corporation, he was held to be disqualified. (The Queen ex rel. Coleman v. O'Hare, 2 U. C. Prac. Rep. 18.) So where the candidate was at the time of the election a shareholder in a company which had borrowed money from the Town. (The Queen ex rel. Padwell v. Stewart, Hambly, Ib.) Reference may also be had to the following decisions under the English Act: The Queen v. York, 2 Q. B. 847; Simpson v. Ready, 12 M. & W. 736; The Queen v. Francis, 21 L. J. Q. B. 304. (n) The last section contains the disqualifications, and this, the exemptions. The difference between a disqualification and an exemption, as regards an individual, is this, that a person disqualified cannot hold office, but a person exempt, even though qualified, is not bound to accept office. The one is an incapacity or disability. The other is a privilege. (0) See secs. 71 and 77. D Village, (p) shall be the male freeholders thereof, (q) and such of the householders thereof as have been resident therein (r) for one month next before the election, (s) who are natural born or naturalized subjects of Her Majesty, (t) and of the full age of twenty-one years, (u) and who were severally rated on the last revised assessment rolls, for real property in the Municipality or Police Village, held in their own right (w) or that of their wives as proprietors or tenants. (x) (p) The distinction is here drawn between a Municipality and a Police Village. The word "Municipality" signifies any locality the inhabitants of which are incorporated. The inhabitants of a Police Village are not incorporated. (Sec. 402, subsec. 1.) (9) Females being clearly excluded. This section appears to enable freeholders to vote though not resident. (See sec. 97, subsec. 9, as to the form of declaration.) But non-residents cannot vote unless rated on the assessment roll, which they may be at their own request. (See 16 Vic. cap. 182, sec. 17). As to new townships, residence is still required in the case of freeholders. (Sec 77.) (r) Nice questions arise as to when a party can, or cannot be said to be a resident of a Municipality. A man cannot, within the meaning of the municipal laws, be said to be resident in two Municipalities at the same time. A man's residence is where his home is situatewhere his family live. An occasional absence from his home to attend to business in another Municipality does not make his home less his residence. Where A had a dwelling-house at Bowmanville, where his wife and family lived, but had a saw mill and store and was Postmaster in the township of Cartwright, which occasioned him frequently to visit that place, and who, while there, used to board with one of his men in a house owned by himself. Held, that after voting in Bowmanville he had no right to vote in Cartwright. (The Queen ex rel. Taylor v. Cæsar, 11 U. C. Q. B. 461.) (8) Residence for a fixed time is a new feature in municipal law. (t) See 12 Vic. cap. 197, as amended by 22 Vic. cap. 1. (u) Full age in male or female is twenty-one years, and is completed on the day preceding the anniversary of a person's birth. (Anonymous, 1 Salk. 44; Toder v. Sansam, 1 Brown P. C. 468.) If therefore one is born on 1st January, he is of age to do any legal act on the morning of the last day of December, though he may not have lived twenty-one years by nearly forty-eight hours. (Tomlin "Infant," 1.) (w) An administrator cannot, though assessed in his own name for the property of the deceased, vote on such property. (The Queen ex rel Stock v. Davis, 3 U. C. L. J. 128.) (x) It is to be observed that no specific amount of real property is by this section required. It is only necessary that the person should be rated, &c., for real property in the Municipality, &c., held in his own right, &c. Such is undoubtedly the law as to Townships and Police Villages. As to Cities, Towns and Incorporated Villages, the law is different. (See sec. 76.) Towns, and 76.-In Cities, Towns and Incorporated Villages, (y) In Cities, such real property, whether freehold or leasehold, or partly Incorporated each, (z) must have been so rated as of at least the annual Villages. value following: In Incorporated Villages, twelve dollars; (a) In Cities, thirty dollars. Townships ment rolls. 77.-At the first election for a newly erected Municipal- In newly ity for which there is no separate asseesment-roll (b) every res- erected ident male inhabitant, (c) though not previously assessed, shall not having be entitled to vote if he possesses the other qualifications above any assess mentioned, and has at the time of the election sufficient property to have entitled him to vote if he had been rated for such property, (d) and every person so claiming to vote shall name the property on which he votes, and the Returning Officer, at the request of any Candidate or voter, shall note the property in his poll book opposite the voter's name. (e) (y) See note z to preceding section. (z) The property, whether freehold or household, or a combination of both, if of the annual value specified, entitles the person to vote. (a) There is no general law which makes dollars and cents a more correct or lawful designation of Canadian money than pounds, shillings and pence. The only law of the kind really in force is 20 Vic. cap. 18, which requires all accounts rendered to the Provincial Government, &c., to be in dollars and cents. The adoption of dollars and cents by bankers and others is conventional. The description by dollars and cents is however invariably used throughout this Act, in preference to that by pounds, shillings and pence. (b) A newly erected Municipality means more than a newly erected Township, and may include a Junior Township newly separated. In such a case, although there might be no "separate assessment roll," there would be the assessment roll of the Union for the prev ous year, and there might be several assessment rolls for "Assessment Districts," each less than the United Townships. (16 Vic. cap. 182, sec. 16.) The exception, however, created by this section appears to be intended to apply only to new Townships created Municipalities in the first instance. (c) See noter to sec. 75. (d) See note z to same section. (e) Every voter is required to name the property on which he votes, but the Returning Officer is only bound to note the property in bis poll book when requested to do so by a candidate or a voter. Wards in which electors shall vote. When land lord and 78.-When a Municipality (f) is divided into Wards or electoral divisions, (g) no elector shall vote in more than one Ward or electoral division; and if entitled to vote in the Ward in which he resides, he shall not be entitled to vote in any other Ward or electoral division. (h) 79.-In case both the owner and occupant of any real tenant both property, (i) are rated therefor, both shall be deemed rated within this Act. (j) rated. When joint owners rated together. Cities, Towns &c., not to form parts of 80.-When any real property, (k) is owned or occupied jointly by two or more persons, (7) and is rated at an amount sufficient, (m) if equally divided between them, to give a qualification to each, then each shall be deemed rated within this Act, (n) otherwise none of them shall be deemed so rated. (0) ELECTIONS. THE HOLDING OF, IN CERTAIN PLACES PROHIBITED. 81.-No Election of Township Councillors shall be held within any City, Town or Incorporated Village, nor shall any Townships. Election for a Municipality or any Ward thereof be held in a Elections not tavern or house of public entertainment licensed to sell spirituous liquors. (p) in Taverns. (f) See sec. 402, subsec. 1. (9) Whenever a Township is not divided into Wards, the Council may from time to time pass by-laws for dividing it into two or more convenient electoral divisions, for establishing polling places therein and for appointing a Returning Officer therefor, &c. (Sec. 268.) (h) As to residence see note r to sec. 75. (i) See sec. 402, subsec. 5. (j) That is to say, each may vote in respect of his interest, the one as proprietor if a freeholder, and the other as tenant if a resident householder. (Secs. 75, 97, subsec. 9.) (k) See sec. 402, subsec. 5. (2) Notwithstanding the Interpretation Act 12 Vic. cap. 10, sec. 5, subsec. 8, the word "persons," as here used, seems applicable only to individual persons, not to corporations. (m) As to Townships and Police Villages, no amount is required to qualify an elector. (See note x to sec. 75.) (n) See sec. 76. (0) It seems hard that in such a case neither one nor the other should be entitled to vote; but as the property cannot be said to be the property of either, neither owner nor occupant can in the case supposed be said to be rated at the amount required, where an amount is necessary. (p) By the English Municipal Act 5 & 6 Wm. IV. cap. 76, sec. 33, it is declared that "no election shall be holden, &c., in any Borough, FIRST ELECTIONS IN NEW OR EXTENDED MUNICIPALITIES. First eleo tions where 82.-(1.) In case of the Incorporation of a new Town- Corporations ship or Union of Townships, (q) and (2.) In case of the separation of a junior Township from a Union of Townships, (r) and (3.) In case of the erection of a Police into an Incorporated Village, or of the erection of a Village into a Town or of a Town into a City, (s) and (4.) In case of an additional tract of land being added to an Incorporated Village, Town or City, or in case of a new division into wards of a Town or City. (t) are newly erected or extended. Elections. (5.) In each of the foregoing cases, the first election under Time of the Proclamation or By-law by which the change was effected, shall take place on the first Monday in January next after the end of three calendar months from the date of the Proclamation, or from the passing of the By-law by which the change is made, and until such day the change shall not go into effect. (u) SUBSEQUENT ELECTIONS. 83.-Every Election shall be held in the Municipality or Places of Police Village to which the same relates, (v) and when the Elections. Municipality has been divided into Wards, the election shall be by Wards, and every Ward election shall be held within the Ward. (w) 84.-The Council (x) of every Municipality (including a To be fixed Village newly erected into a Town, and a Town newly erected by By-law for into a City) (y) shall, from time to time by By-law, (z) ap- ties." in any church, chapel, or other place of public worship." It is not declared in that Act, more than here, what shall be the effect of contravening the Act. It is apprehended, however, that the effect would be to invalidate the election. (9) Under secs. 27, 32. (r) Under secs. 28, 29. (8) Under secs. 10 to 15 inclusive. (t) Under secs.13, 16, 19. (u) See note i to sec. 51. (e) See note p to sec. 75. (w) Qu. or electoral division? (See sec. 268.) (z) See sec. 402, subsec. 2, as to the meaning of the word "council." (y) See subsec. 1 of same section as to the meaning of the word "Municipality." (z) Every by-law should be under the seal of the Corporation, and be signed by the head of the Corporation, &c. (Sec. 188.) Municipali |