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The Pamphlet Collection of Sir Robert Stout: Volume 47

Independence of Parliament

Independence of Parliament.

Chap. 5.—Repeals the previous Acts on this subject, and enacts that no person holding any Dominion office of emolument, nor any Sheriff, Registrar of Deeds, Clerk of the Peace or County Crown Attorney appointed by a Provincial Government may be elected or sit in the House of Commons, members of the Privy Council holding cabinet office being excepted, If elected while holding such offices. Resigning one cabinet office while a member and within a month accepting another does not vacate such person's seat, unless the administration as a whole have resigned. Any person holding a contract with the Government, either directly or through another person, trustee or other, or as partner of another, is ineligible, and vacates his seat, if a member, by so cont racting. A member also vacates his seat if he "knowingly sells any goods, wares or merchandise to or performs any service for the Government of Canada for which any public money of Canada is paid or to be paid, whether the sale be single or continuous or the agreement express or implied. A disqualified member who sits and votes for felts' $200 per day, recoverable by any person who will sue for it. These enactments apply to transactions while Parliament is not sitting as well as when it is. A shareholder in an Incorporated Co. is not disqualified unless it contracts for public works including the Pacific Railway. All contracts and commissions entered into or granted by the Goverment are to contain a clause that no M. P. is to receive any share in or advantage from it. If the holder of the contract or commission allow an M. P. such share or advantage, he forfeits $200 to any one who will sue for it. From these penalties &c., are exempted persons on whom the completion of a contract devolves by descent or limitation, or by marriage, or as devisee, legatee, executor or administrator, for 12 months after it so devolves upon him; those who contract to loan money to the Government or purchase Government securities after public competition, and militia officers called out for duty and only receiving regular pay and allowances. Similar prohibitions respecting contracts are applied to Senators, saving those who were interested in contracts before the Act passed. Suits for penalties must be brought within one year. A member may resign his seat in the Commons, by giving notice thereof in his place, the House sitting, or by a written declaration under his hand and seal executed before two witnesses, delivered to the Speaker, and thereupon the Speaker issues his warrant for a new writ. Or he may resign when Parliament is not sitting, although there is no Speaker or he is himself Speaker, by addressing and causing to be delivered his notice of resignation to two M. P's, who may thereupon issue the necessary warrant for a new writ. But no M.P. can resign while his election is being contested or during the time in which it may be contested for other causes than bribery and corruption. A vacancy caused by the death of an M. P., or of his acceptance of office is to be notified to the Speaker by two M. P's, who issues his warrant for a new writ, or if there be no Speaker the two M.P's. themselves issue such warrant. Provision is made for the issue of a writ between a general election and the assembly of Parliament upon the death or acceptance of office of a member elect, but the new election will be void, if on a trial of the previous election another candidate than the one returned be declared entitled to the seat.