both Houses. tive Assembly attending thereat, six dollars for each day's members of attendance, if the session does not extend beyond thirty days; and, if the session extends beyond thirty days, there is paid to each legislative councillor and to each member of the Legislative Assembly attending thereat a sessional allowance of eight hundred dollars. 48 V., c. 4, s. 1; 49-50 V., c. 97, s. 70; 51-52 V., c. 6, s. 1. non-attend ance. Proviso. 149. A reduction of five dollars per day is made from such Reduction for allowance for every day on which a legislative councillor or member of the Legislative Assembly does not attend a sitting of the House of which he is a member, or a sitting of some committee thereof, provided the House sits on such day; but each day during the session, after the first on which the legislative councillor or member of the Legislative Assembly attends, on which there has been no sitting of the House, or on which the member was prevented by sickness from attending, and during which he is at the capital, is reckoned as a day of attendance at the session. 33 V., c. 4, s. 2; 49-50 V., c. 97, s. 71. 150. No legislative councillor or member of the Legislative What attendAssembly has a right to such allowance unless he has attended ance necessary for sesfor at least thirty-one days, calculated as aforesaid; but his sional allowallowance for any less number of days is six dollars for each ance. day's attendance. 33 V., c. 4, s. 3; 49-50 V., c. 97, s. 72. 151. The allowance may be paid from time to time as the Payment from legislative councillor or member of the Legislative Assembly time to time, becomes entitled to it, to the extent of four dollars for each up to certain sum per day. day's attendance; the remainder is retained until the close of Final paythe session, and then the final payment is made. 33 V., c. 4, ment. s. 4; 39 V., c. 12, s. 12; 49-50 V., c. 97, s. 73. present for 152. If any person be a legislative councillor or member of Case of memthe Legislative Assembly for a part only of the session, then, ber being provided he be a member for upwards of thirty days during part of session such session, he is entitled to the allowance, subject to the de- only. duction for non-attendance, and also to a deduction of six dollars for each day of the session before he became a legislative councillor or member of the Legislative Assembly, or after he ceased to be such; but if he be a member for only thirty days or less, he is entitled only to six dollars for each day. 33 V., c. 4, s. 5; 49-50 V., c. 97, s. 74. 153. There is also allowed to each legislative councillor and Mileage. member of the Legislative Assembly ten cents for each mile of distance between the place of his residence and the capital, reckoning such distance going and coming according to the shortest mail route, which is to be decided and certified by the Speaker of the Legislative Council or of the Legislative Assembly, as the case may be. 33 V., c. 4, s. 6; 49-50 V., c. 97, s. 75. Declaration to be made by member before being paid. Form of declaration. Deposit of declaration 154. Upon a solemn declaration made and signed by the legislative councillor or member of the Legislative Assembly before the clerk of the Legislative Council or the accountant of the Legislative Assembly, as the case may be, stating the number of days during which he attended, and the number of miles of distance which entitle him to the allowance and the amount of such allowance, deduction being made of the number of days (if any) which are to be deducted, the sum due to him at the end of each session is paid to him by the clerk or the accountant. The declaration may be in the following form, and has the same effect as an affidavit in the same form. It must remain in the hands of the clerk or the accountant, as the case may be, to be kept by him. 33 V., c. 4, s. 7; 39 V., s. 12; 49-50 V., c. 97, s. 76. c. 12, FORM OF DECLARATION. If councillor or member attended every day. in at a distance of I, A. B., legislative councillor (or one of the members of the Legislative Assembly) solemnly declare that I reside at miles from the city of Quebec, calculated by the shortest mail route as determined by the Speaker of this House. That the first day of the session of the Legislature of Quebec, which commenced on the one thousand eight hundred and on which I was present in the city of Quebec, was the day of That on the said day, and on each day of the session after the said day on which there was a sitting of the House, I attended such sitting or a sitting of some committee thereof except only on ** on which I was prevented by sickness from attending, though I was then present in the city of Quebec *** If the legislative councillor or the member of the Legislative Assembly attended a sitting of the House or of some committee thereof on every sitting day after the first on which he so attended, the words from * to *** are omitted; and, if his absence was not occasioned by sickness, the words from ** to such after If the person making the declaration became or ceased to If he ceased to be a legislative councillor or member of the Legislative be or became Assembly after the commencement of the session, the form is beginning of varied so as to state correctly the facts which the sum upon due him is to be calculated. 33 V., c. 4, s. 7, and schedule; 49-50 c. 97, s. 76, and schedule. session. 155. There is granted to Her Majesty, out of any unap- Appropriapropriated moneys forming part of the consolidated revenue tion for the purposes of fund, a sum sufficient to enable Her Majesty to advance to the paying allowclerk of the Legislative Council, and to pay over to the Pro- ances. vincial Treasurer, respectively, the sums required to pay the estimated amount of such allowance. 33 V., c. 4, s. 8; 39 V., e. 12, s. 12; 49-50 V., c. 97, s. 77. tion. 156. The clerk of the Legislative Council and the accountant Accounta of the Legislative Assembly shall account for the moneys bility of offi cers receiving received by them in virtue of this subsection, as well as of moneys under subsection four of this section, in the same manner as they are this subsecobliged to account for the contingent expenses of the Legislative Council and of the Legislative Assembly; they may, respectively, apply any surplus thereof to the payment of con- Application of surplus. tingent expenses, and may supply any deficiency in such estimated amount out of any public moneys in their hands, respectively, applicable to the payment of such contingent expenses. 33 V., c. 4, s. 9; 39 V., c. 12, s. 12; 49-50 V., c. 97, s. 78. §6.-Printing. 157. There shall be annually prepared by an officer acting Annual for that purpose under the sanction of the Legislative Council estimate for printing and the Legislative Assembly, an estimate of the sums which services. the Legislature will be called upon to provide for the printing services during the fiscal year commencing on the first of July following, which estimate is transmitted to the Provincial Treasurer for his approval, and is laid before the Legislature with the estimates for such year. 39 V., c. 12, s. 3; 49-50 V., c. 97, s. 79. 158. All sums of money voted by the Legislature for legis- Disposal of lative printing are paid over to the Provincial Treasurer and sums voted for printing. employed by him in paying for such services. An account is opened for such services, in one of the banks Bank acof Canada, in such name as the Legislative Council and the count, &c. Legislative Assembly may direct; and the sums deemed neces sary are paid over or transferred to the name of the person so indicated as the work progresses; such sums are accounted for Accounting in the annual balance sheet of the account for printing services. therefor. 39 V., c. 12, s. 6; 49-50 V., c. 97, s. 80. SECTION V. to Her Ma LIBRARY OF THE LEGISLATURE. 159. The books, oil paintings, statues, maps and other Books, &c., in library belong articles in the joint possession of the Legislative Council and the Legislative Assembly belong to Her Majesty, for the use of both Houses of the Legislature, and are kept in suitable rooms set apart for that purpose in the legislative buildings. 47 V., c. 4, s. 1; 49-50 V., c. 97, s. 81. jesty. Where kept. Control of library vested 160. The management and control of the library of the in Speakers of Legislature, as well as of the officers and employees attached both Houses, thereto, are vested in the Speaker of the Legislative Council with joint and in the Speaker of the Legislative Assembly, who are, during each session, assisted by a joint committee of both Houses. 47 V., c. 4, s. 2; 49-50 V., c. 97, s. 82. committee during sessions. Power of committee to &c. 161. The Speakers of both Houses, assisted by the joint Speakers and committee, have power to make and establish, subject to the make rules, approval of the two Houses, such rules and regulations as they think proper, for the management of the library and the proper application of the sums of money voted by the Legislature for the purchase of books, oil paintings, statues, maps and other articles. 47 V., c. 4, s. 3; 49-50 V., c. 97, s. 83. Staff of library. Appointment of sessional clerks. Responsi bility of 162. The staff of the library consists of a librarian and of two clerks, who are appointed by the Crown, and remain in office during pleasure. 47 V., c. 4, s. 4; 49-50 V., c. 97, s. 84. 163. The Speakers of the two Houses have power to appoint, for the sessions, such clerks, messengers and door-keepers as are necessary for the efficient service of the library. ~ 47 V., c. 4, s. 5; 49-50 V., c. 97, s. 85. 164. The librarian and the other officers and employees of librarian, &c. the library are responsible for the faithful performance of their official duties as defined by the rules. 47 V., c. 4, s. 6; 49-50 V., c. 97, s. 86. Salaries, &c., officers, &c. 165. The salaries of the permanent officers of the library of permanent are determined by the Lieutenant-Governor in Council, and, as well as the incidental expenses connected therewith and the stationery therefor, are provided for out of the funds voted for that purpose by the Legislature. 47 V., c. 4, s. 7; 49-50 V., c. 97, s. 87. CHAPTER SECOND. ELECTION OF MEMBERS OF THE LEGISLATIVE ASSEMBLY. SECTION I. PRELIMINARY PROVISIONS. 166. This chapter may be referred to and cited as "The Title. Quebec Election Act." It applies to every election of a member of the Legis- Application. lative Assembly, whether the same be held at the time of a general election, or to fill a vacancy. 38 V., c. 7, s. 1. 167. In interpreting this act, unless it be otherwise pro- Interprevided, or unless there be in the context something which tation. indicates a different sense or requires another interpretation, 1. The word "municipality municipality" means every municipality of Municipality a parish or part of a parish, of a township or part of a township, of united townships, of a village, of a town, existing under the operation of the Municipal Code, and every town or city municipality, incorporated by charter or special act; 2. The word "secretary-treasurer" includes the clerk of Secretaryevery town or city municipality; treasurer. 3. The word "owner" signifies any one who possesses real Owner. estate, or whose wife possesses real estate, whether as owner or usufructuary; Whenever one person has the mere ownership of real estate, and another has the enjoyment and usufruct thereof to his own use and benefit, the person who has the mere ownership of such real estate shall not be entitled to vote as owner thereof, and the usufructuary shall in such case alone have the right to vote, by reason of such real estate; 4. The word "occupant" signifies the person who occupies Occupant. immoveable property, otherwise than as owner, tenant or usufructuary, either in his own right or in the right of his wife, and who derives the revenue therefrom; 5. The word "tenant" means as well the person who pays Tenant. rent in money, as the person who is obliged to give to the owner a certain part of the revenues and profits of the real estate which he occupies; and such tenant must be tenant feu et lieu, save in the case of the lessee of a shop, work-shop or office; 6. The word "registrar" means the registrar of the regis- Registrar. tration division, which comprises within its limits the electoral district in which the election is held. It also means the registrar of the registration division, comprised within the limits of such electoral district, or the limits whereof are the same as those of the electoral district; |