Assaulting members. Threatening. Attempting to bribe. Assaulting officers. Suborning witnesses. Presenting forged docu ments. Forging records, &c. Freedom of speech, &c. Effect of suits, &c. Freedom from arrest. Effect of such arrest. Freedom of members and 1. Assaulting, insulting or publishing libels against any legislative councillor or member of the Legislative Assembly during the session or twenty days before or after each session; 2. Obstructing, threatening or attempting to force or intimidate a legislative councillor or member of the Legislative Assembly; 3. Attempting to bribe a legislative councillor or member of the Legislative Assembly by offering gifts, or the acceptance by any of them of gifts so offered; 4. Assaulting or interfering with officers of either House when in the performance of their duties; 5. Suborning or attempting to suborn any witness in regard to any evidence to be given by him before either House or before any committee of either House; 6. Presenting to either House or to any committee thereof any forged or falsified document, with intent to deceive such House or committee; 7. Forging, falsifying or unlawfully altering any of the records of either House, or of any committee thereof, or any document or petition presented or filed, or intended to be presented or filed before such House or committee, or the setting or subscribing, by any person, of the name of any other person to any such document or petition with intent to deceive or mislead. 33 V., c. 5, s. 4; 49-50 V., c. 97, s. 49. 128. No legislative councillor or member of the Legislative Assembly shall be liable to any action, arrest or imprisonment or damages by reason of any matter or thing brought by him by petition, bill, resolution, motion or otherwise, before the House or by reason of anything said by him before such House. The bringing of such action, the causing or effecting of any such arrest or imprisonment, and the awarding of any damages shall be deemed to be a violation of the provisions of this subsection. 33 V., c. 5, s. 5; 49-50 V., c. 97, s. 50. 129. Excepting for a breach of the provisions of this subsection, no legislative councillor or member of the Legisla tive Assembly can be arrested, detained or molested for any debt or cause whatever of a civil nature during any session or during the twenty days preceding or following such session. Every such arrest, detention or molestation shall be an infringement of the provisions of this subsection. 33 V., c. 5, s. 6; 49-50 V., c, 97, s. 51. 130. During the periods of time mentioned in the precedofficers from ing article, every legislative councillor and member of the attending as Legislative Assembly, and every officer and employee of either jurors, or in House and every witness summoned to attend before such Houses or any committee thereof, are exempt from serving or civil matters attending as jurors before any court in this Province or as as witnesses. witnesses in civil matters. 33 V., c. 5, s. 7; 49-50 V., c. 97, s. 52. for infrac tions. 131. Whosoever infringes any of the provisions of this Punishment subsection is liable to an imprisonment for such time during the session then being held, as may be determined by the House inquiring into such infringement. 33 V., c. 5, s. 8; 4950 V., c. 97, s. 53. inquired into 132. All infringements of the provisions of this subsection How breaches may be summarily inquired into by the House in respect of shall be which they have been committed, in such manner and form and punished. as such House deems proper. such purpose. For the purposes of this subsection, each House is vested Power of with all the powers and jurisdiction necessary for inquiring Houses for into, deciding and pronouncing upon any such infringement and awarding and carrying into execution the punishment thereof provided by this subsection. 33 V., c. 5, s. 9; 49-50 V,, c. 97, s. 54 133. In the case of the institution of any civil action by Protection reason or in consequence of the publication of any copy of of persons publishing any report, paper, votes and proceedings of either House, the papers of defendant may, at any stage of the proceedings, lay before the either House. court or judge such report, paper, votes or proceedings, and such copy, with an affidavit verifying such report, paper, and votes or proceedings, and the correctness of such copy. Upon such production, the court or judge must immediately Duty of court stop such civil proceedings so instituted, and the writ or upon suit with respect process issued therein, as well as all proceedings had in the thereto. cause, become void and must be dismissed. 33 V., c. 5, s. 10; 49-50 V., c. 97, s. 55. 134. It is lawful, in any civil suit instituted for printing Protection of any extract from or abstract of any such report, paper, votes persons pubor proceedings, to give in evidence under the general issue, abstracts of lishing such report, paper, votes or proceedings, and to show that such papers. such extract or abstract was published in good faith and without malice; if the court or jury, as the case may be, is of such opinion, judgment shall be rendered or a verdict entered for the defendant. 33 V., c. 5, s. 11; 49-50 V., c. 97, s. 56. Journals to 135. In every such action a copy of the Journals of either Printed House, printed or purporting to be printed by its order, shall copies of be admitted as evidence of such Journals by all courts, judges, be evidence. magistrates and others, without its being necessary to furnish other evidence to prove that such Journals were so printed. 33 V., c. 5, s. 12; 49-50 V., c. 97, s. 57. No person § 2. Independence of the Legislature. 136. Except as hereinafter specially provided, no person holding office accepting or holding any office, commission or employment of to be eligible a permanent or temporary nature, at the nomination of the of emolument for either House. Exception as regards Exe cutive Council and cer tain officers. No person ral office of Crown or of the Lieutenant-Governor, to which an annual salary, or any fee, allowance, emolument or profit of any kind. whatever, coming from the Province, is attached, can be appointed a legislative councillor or be eligible as a member of the Legislative Assembly, or in either case sit or vote as such, while holding such office, commission or employment. 36 V., c. 4, s. 1; 49-50 V., c. 97, s. 58. 137. Nothing in the previous article shall, however, disqualify, by reason of the salary, fees or emoluments received in such capacity, the President of the Executive Council, the Attorney-General, the Provincial Secretary, the Provincial Treasurer, the Commissioner of Crown Lands, the Commissioner of Agriculture and Colonization, the Commissioner of Public Works, or any other member of the Executive Council, from being appointed a legislative councillor, or sitting or voting as such, or shall render any of them ineligible or disqualified to sit or vote as a member of the Legislative Assembly if elected thereto while holding such office. 32 V., c. 3, s, 2; 45 V., c. 2, s. 2; 48 V., c. 6, s. 2; 49-50 V., c. 97, s. 59; 50 V., c. 7, s. 4; 51-52 V., c. 8, s. 3. 138. No person accepting or holding any office, commisholding fede- sion or employment at the nomination of the Crown or of the emolument to Governor-General, to which an annual salary, or any fee, be eligible for allowance, emolument or profit of any kind, in lieu of an annual salary, coming from the Dominion, is attached, can be appointed a legislative councillor or be eligible as a member of the Legislative Assembly, or in either case sit or vote as such, while holding such office, commission, or employment. either House. Exception as to Senators and Privy Councillors 2. Nothing in this article shall disqualify, so to sit or vote in the Legislative Council, the Speaker of the Senate or any senator, by reason of the salary, fees or emoluments received as such, or any member of the Privy Council not in the Legis disqualified to sit or vote in the House of Commons of sitting, &c., cil. Exception as to militia officers and men; Canada; 3. Nor shall any thing in this article render ineligible or disqualify, so to sit or vote, by reason of the salary, fees or emoluments received as such, any officer in the militia or militiaman, not receiving permanent salary on the staff of the Postmasters. militia, or any postmaster whose yearly salary or profit from his office is not over one hundred dollars. 32 V., c. 3, s. 3; 37 V., c. 4, s. 1; 49-50 V., c. 97, s. 60. No public 139. No person undertaking or executing or having directly contractor to or indirectly, alone or with another, by himself or by the interposition of any trustee or third party, any contract or be member of agreement with Her Majesty or with any public officer or either House. department of the Province, with respect to the public service of this Province or under which any public money of the Province is to be paid for any service, work, matter or thing, can be appointed a legislative councillor or be eligible as a member of the Legislative Assembly, or in either case, sit or vote as such. ers in incor 2. Nothing in this article, however, renders ineligible or Exception as disqualifies, from sitting or voting as a legislative councillor to shareholdor member of the Legislative Assembly, any person who is a porated shareholder in an incorporated company, having such contract companies or agreement, with the exception of a company having the Proviso. execution of any public works. 32 V., c. 3, s. 4; 48 V., c. 3, s. 1; 49-50 V., c., 97, s. 61. articles 136, 140. Whoever, declared ineligible or disqualified from sit- Penalty in ting or voting by articles 136, 138 or 139, so sits or votes, cases of incurs a penalty of one thousand dollars for every day he so 138 and 139. sits or votes; such sum may be recovered by any person suing for the same before a competent court. 2. Such suits, to be valid, must be brought within twelve Prescription months from the date on which such person so sat or voted, of suits. contrary to the provisions of this subsection. 3. Whilst any such suit is pending no other such suit may Pending suits be taken against the same defendant. a bar to 4. The court, wherein any such other suit is brought, con- Suspension of trary to the intent and meaning of this article, shall, upon the proceedings defendant's motion, stay the proceedings therein, if such first cases. mentioned suit be effectively prosecuted without fraud. in certain 5. When any suit has been brought, and judgment rendered Judgment a against the defendant, no proceedings can be had in any other bar to other suits against such suit against the same person for any such offence com- same person. mitted before the time of service upon him of such judgment. 29 V,, c. 1, s. 1; 32 V., c. 3, s. 5; 47 V., c. 2, s. 4; 49-50 V., c. 97, s. 62. 141. If any person, declared ineligible in the terms of this Election of subsection as a member of the Legislative Assemby, or dis- disqualified qualified from sitting or voting therein, is nevertheless elected person to be and returned as such, his election and return are null and void. 32 V., c. 3, s. 5; 49-50 V., c. 97, s. 63. 142. If any member of the Legislative Assembly becomes Member disqualified, in the terms of this subsection, to sit or vote becoming distherein, his election becomes void and his seat vacant and a cates his seat. qualified vanew writ is forthwith issued for a new election; but he may Proviso. be re-elected if eligible in the terms of article 137. 32 V., c. 3, s. 6; 49-50 V., c. 97, s. 64. Gertain exe a month with 143. Nevertheless, whenever any person holding the office eutive officers of President of the Executive Council, Attorney-General, Proresigning may accept vincial Secretary, Provincial Treasurer, Commissioner of Crown office within Lands, Commissioner of Agriculture and Colonization, or Comout vacating missioner of Public Works, resigns his office, and within one month after his resignation accepts any of such offices, he does not thereby vacate his seat in the Legislative Assembly. 32 V., c. 3, s. 7; 45 V., c. 2, s. 2; 48 V., c. 6, s. 2; 49-50 V., c. 97, s. 65; 50 V., c. 7, s. 4; 51-52 V., c. 8, ss. 1 and 3. seat. Letters patent of disqualified councillor to be cancelled. 144. Whenever a legislative councillor becomes disqualified in the terms of this subsection, the letters-patent under which he was appointed become null, and another person shall be called to the Legislative Council in his stead; and any person so disqualified who sits or votes in the Legislative Penalties if Council, whether the letters-patent calling him to the Legislative Council be cancelled or not, incurs all the penalties in this subsection mentioned. 32 V., c. 3, s. 16; 49-50 V., c. 97, s. 66. disqualified councillor sits, &c. Committees witnesses under oath. §3.-Swearing of Witnesses. 145. Every committee of the Legislative Council or of the may examine Legislative Assembly, sitting in the exercise of its functions, may examine witnesses under oath, upon matters relating to business then before it; and for that purpose the chairman or any member of such committee may administer the oath to the witness in the following form: Oath. Salary of Salary of Speaker of Sessional allowance to FORM OF OATH. "The evidence you shall give to the committee, touching (here state the matter then before the committee), shall be the "truth, the whole truth, and nothing but the truth: So help "you God." 32 V., c. 6, s. 1; 49-50 V., c. 97, s. 67. § 4.-Salary of the Speakers. 146. The Speaker of the Legislative Council receives an annual salary of two thousand dollars, without prejudice to the legislative indemnity. 45 V., c. 3, s. 6; 49-50 V., c. 97, s. 68. 147. The Speaker of the Legislative Assembly receives an annnal salary of two thousand dollars, without prejudice to the legislative indemnity. 41-42 V., c. 2, s. 2; 49-50 V., c. 97, s. 69. § 5.-Legislative Allowance. 148. In every session of the Legislature, there is allowed to each legislative councillor and to each member of the Legisla |