Statutes of Canada/1867-68/Chapter 3

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Statutes of Canada, 31 Victoria, 1867-68 (1867)
the Parliament of the Dominion of Canada

Chapter III, Members' Indemnity Act

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Cited as: Members' Indemnity Act, 31 V., SC 1867-68, c 3;
Cited as: House of Commons Bill 4, Members' Indemnity Act, 1st Session, 1st Parliament, 31 Victoria, 1867.

Note: This is the original Act as it was initially passed. Any other subsequent amendments or consolidations hosted on Wikisource may be listed using What Links Here.

133172Statutes of Canada, 31 Victoria, 1867-68 — Chapter III, Members' Indemnity Act1867the Parliament of the Dominion of Canada

Provision		Page
	Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	67
1	Allowance to members of either House for attendance at any session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	67
2	Deductions for non-attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	67
3	Allowance for less than 31 days' attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	67
4	How the indemnity shall be payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	67
5	Case of a member for part of a session provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	67
6	Allowance for mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	68
7	Final payment at the close of Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	68
8	Grant for paying the allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	68
9	Clerks to account for monies received by them . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	68
10	Special provision for the present session as to allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	68
11	Mileage allowed for both portions of Session . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	69
12	Salaries of speakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	69
13	Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	69
Schedule Form A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .		69

Cap. III.

An Act relating to the Indemnity to Members and the Salaries of the Speakers, of both Houses of Parliament.

[Assented to 21st December, 1867.]

Preamble.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Allowance to members of either House for attendance at any session.

1. In each session of Parliament, there shall be allowed to each member of the Senate and of the House of Commons attending at such session, six dollars for each day's attendance, if the session do not extend beyond thirty days; and if the session extends beyond thirty days, then there shall be payable to each member of the Senate and of the House of Commons attending at such a session, a sessional allowance of six hundred dollars and no more.

Deductions for non-attendance.
What shall be reckoned as days of attendance.

2. A deduction at the rate of five dollars per day shall be made, from the said sessional allowance, for every day on which the member does not attend a sitting of the House of which he is a member, or of some committee thereof, provided the House sits on such day; but each day during the session, after the first on which the member attends as aforesaid, on which there has been no sitting of such House, in consequence of its having adjourned over such day, or on which the member was in the place where the session was held, but was prevented by sickness from attending any such sitting as aforesaid, shall be reckoned as a day of attendance at such session, for the purposes of this Act; and a member shall, for the purposes aforesaid, be held to be at the place where the session is held, whenever he is within ten miles of such place.

Allowance for less than 31 days' attendance.

3. A member shall not be entitled to the said sessional allowance for less than thirty-one days' attendance reckoned as aforesaid, but his allowance for any less number of days shall be six dollars for each day's attendance.

How the indemnity shall be payable.

4. The said compensation may be paid from time to time as the member becomes entitled to it, to the extend of four dollars for each day's attendance as aforesaid, but the remainder shall be retained by the clerk of the proper House, until the close of the session, when the final payment shall be made.

Case of a member for part of a session provided for.

5. If any person is, from any cause a member of either House for a part only of any session, then provided he is a member for upwards of thirty days during such session, he shall be entitled to the sessional allowance herein before mentioned, subject to the deduction aforesaid for non-attendance as a member, and also to a deduction of five dollars for each day of such session before he was elected or after he ceased to be a member; but if he is a member for only thirty days or less, then he shall be entitled only to six dollars for each day's attendance at such session, whatever be the length thereof.

Allowance for mileage.

6. There shall be also allowed to each member of the Senate and of the House of Commons ten cents for each mile of the distance between the place of residence of such member and the place at which the session is held, reckoning such distance going and coming, according to the nearest mail route, which distance shall be determined and certified by the Speaker of the Senate or House of Commons (as the case may be).

Final payment at the close of Session.
Declaration to be made.

7. The sum due to each Member at the close of any Session shall be calculated and paid to him by the Clerk of the House of which he is a Member, on his making and signing, before the Clerk or Accountant or Assistant Accountant of the House, or a Justice of the Peace, a solemn declaration to be kept by the Clerk, stating the number of days' attendance and the number of miles of distance according to the nearest mail route as determined and certified by the Speaker, for which such Member is entitled to the said allowance, and the amount of such allowance after deducting the number of days (if any) which are to be deducted under any preceding section of this Act; and such declaration may be in the form A hereunto annexed, and shall have the same effect as an affidavit in the same form.

Grant for paying the allowance.

8. There is hereby granted to Her Majesty out of any unappropriated moneys forming part of the consolidated Revenue Fund of Canada an annual sum, sufficient to enable Her Majesty to advance to the Clerk of the Senate and the Clerk of the House of Commons respectively, such sums as are required to pay the estimated amount of the sessional allowance hereinbefore mentioned.

Clerks to account for monies received by them.

9. The Clerk of the Senate and the Clerk of the House of Commons shall respectively account for all monies received by them under this Act, in the same manner as for monies advanced to them for the contingent expenses of the said Senate and House of Commons, and they may, respectively, apply any surplus thereof to the payment of such contingent expenses, and may supply any deficiency of such estimated amount out of any monies in their hands respectively applicable to the payment of such contingent expenses.

Special provision for the present session as to allowance.
As to residue of session after adjournment.

10. Notwithstanding anything hereinbefore contained, for the present session of Parliament and up to the day of any adjournment for thirty days or upwards, (if such there should be) there shall be allowed to each member of the Senate and of the House of Commons attending at such session, six dollars for each day's attendance for the period of such session prior to such adjournment; and if the residue of the session, after any such adjournment, shall extend to thirty days or upwards, there shall be payable to each member of the Senate and of the House of Commons attending at such residue of this session, the sessional allowance of six hundred dollars and no more, as if such residue were a session; but if such residue do not extend to thirty days, then there shall be allowed to each Member attending the residue of the session, six dollars for each day's attendance subsequent to such adjournment; provided that any allowance under this section shall be subject to the deductions, and be payable in the manner hereinbefore provided with respect to the ordinary sessions of Parliament.

Mileage allowed for both portions of Session.

11. There shall be allowed in respect of travel to and from the present Session of Parliament, as well prior to any adjournment for thirty days or upwards (if such there should be) as for the residue of the Session after any such adjournment, to each Member of the Senate and of the House of Commons ten cents for each mile of the distance between the place of residence of such Member and the place at which such Session is held, reckoning such distance going and coming according to the nearest mail route, which distance shall be determined and certified by the Speaker of the Senate or House of Commons (as the case may be) and such allowance shall be payable in the manner hereinbefore provided.

Salaries of Speakers.

12. The following salaries shall be payable to the Officers hereinafter mentioned, respectively:

Senate.

To the Speaker of the Senate the sum of three thousand two hundred dollars per annum.

Commons.

To the Speaker of the House of Commons the sum of three thousand two hundred dollars per annum.

Short Title.

13. This Act may be cited as the "The Members' Indemnity Act."

Schedule Form A.

I, A. B., One of the members of the Senate (or House of Commons,) solemnly declare, that I reside at ⁠ in ⁠ which is distant by the nearest mail route ⁠ miles, as determined by the Speaker of this House, from ⁠ where the session of Parliament of Canada, which began on the ⁠ day of ⁠ one thousand eight hundred and ⁠ was held—

That the first day during the said session on which I was present, at ⁠ where the said session was held, was the ⁠ day of ⁠ one thousand eight hundred and ⁠.

That on the said day and on each day of the said session, after the said day on which there was a sitting of the said House, I attended such sitting, or a sitting of some Committee thereof,* except only on ⁠ days,** on ⁠ of which I was prevented by sickness from attending as aforesaid, though I was then present at ⁠.***

(Signature,) ⁠ A. B.

Declared before me at ⁠, this ⁠ day of ⁠, one thousand eight hundred and ⁠.

C. D.,

Clerk (or Accountant or Assistant Accountant) of the Senate (or House of Commons) or Justice of the Peace for the {{{text}}} of {{{text}}} (as the case may be).

If the member attended a sitting of the House, or of some Committee on every sitting day after the first on which he so attended, omit the words from * to ***;—and if his non-attendance was not on any day occasioned by sickness, omit the words from ** to ***.

If the person making the declaration became or ceased to be a member after the commencement of the session, vary the form, so as to state correctly the facts upon which the sum due to the member is to be calculated.

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