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Vyo- s 10 Cents a Pound. G a.ttlIe C h......... Xhch w-e offer at ex cedingiy Iow prices. NoBetter Value Anywhere. .<~. STOVE IREPAIRS for ail kinds of stoves promptly supplied. WEINVITE YOUR OAREFUL INSPEOTION. Suecessors to R. WORTH. Opposite Ontario Bank, Bowmanville. BOWMANVILLE, NOV. 21, 1900. Continu-cd from First Page. COpy of opinion of A. B. Aylesworth, Q. C..referred to in my Special Report issued to the Clerk of the Crown in Chancery and bearing date the l4th day of Novemnber, 1900. > rHios. BiNGiiAm, Returning Officer, West Durham. Toronto, Nov. 13, 1900. Thos. Bingham, Esq., Bowmanville. DEAn SIR, I have your letter of yesterday, stating your position as returning oflicer at the recent election for the West Riding of Durbam, and the cir cumstances connected with the deliverv y you of the nomination paper, ani of a choque for the statutory deposit on behaif of Mr. C. J. Thornton, one of the candidates at this election. Yen ask my opinion as to the validity of this deposit and nomination paper, and as te your duîy under the existinig cirdumstances. The requirements of the Iaw as te the mannuer et making the candidate's deposit with the returning officer are very clear, Sec. 34 of the Dom, Elections Act prevides that a sum of $200ilu egal tender or in the bis of some chartered bank doing business in Canada must be depesited in the hauds ef the returning officer at the time the nomination paper is filed You state that iiiibis case the deposit was flot made wîth you in cash, but a cheque off the candidate, net payable te ',our order, but endorsed over te you by the payee, was harded to you as represenit ing this statîîtery depesit. I arn ciearly off the opinion that sucb a mnanner. or attempting te make, the deposit was net a cempliance with the la w. 'le Elections Act is very distinct in providing that ne na)mination paper shahl be valid and atted upon by the roturnn offleer unless the deposit ut $200 ini cash is made witli the returning officer ai the tirne, In the prescrit case, this was not done, and I am therefore off opinion that MIr. Thîorntoîi's nomination puper was net vcoUd and that it eught net te have been acted upon by you. Whether your conduct lu receiving the choque, andu in d epesiting- it te veur credit iu.ý our ewn iBank, and after- wards issuing oallott papers, and ai- lowing thte voting te proeedl, has or has net had aniy effeet te cure. this in- validity n Mr. Thornton's nomination paper, bs,, i my opinion. a doubiful question off law I arn net wihing te take thie respensibilitv ut deciding it for yourselt. ht is one on which 1 should net ho surprised if ovoni Judges arrived at different conclusions. Under these circumstances you xiii prebably he hest advised if y ou decline te take the responsibility off solving the difficuhtv. To return Mr. Thornton as elected without making any mention of the invalidity ef bis nomination paper would ho te ignore that irivaliditv ah- toehriTo return the ether candid- ate, wbe bas Det received a mjrity et the voles cast, would certainly net bo rig ht. .lUndI,.,.thbýea iom rapanren- PAPERS FYLED. AT* OSGOODE HALL CLÀIMLNG TIIE SEAT FOpR aTm1oR> r ----~------- I Fe ïý,lýCO Ah..Ïl 3. What is your (luty under the cir-] cumstances, shoýuld I decide thatý the nomination paper was flot valid,, and Fhould flot have been acted upon ? You desire also that 1 should give rny rea- ens, shortly for my conclusions., 1 amn of o pinion,- i. The nominati on paper of Mr.Thorn- ton under the circurn2tances set eut by you was flot valid and should flot have been acted upon.' My reasons for so thinking, are, that Section 34 of the Dom- ien Election Act providès in so, many words, "No- nomination papier shall bc "valid and acted upon by the returning "Iofficer * * * unless a sum of two hund- ' red dollars in legal tender or in the bis 'of any chartered Bank doing business in "Canada, is deposited in the hands of the " returning officer at the time the nomin "ation paper is filed with him." Leaving aside the fact that no deposît was made at the time the nomination was filed [which may possibly bc cured by Section 153 Of the Act) it is perfectly clear that no sum of $200 in legal tender or in bis of any chartered Bank doing business in Canada was se deposited. "*Legal tender" has a weli known signifi- cation, and that is "money which by the laws of the country may be offered in payment of a debt". A cheque is flot such "legal tender." 2. Vour acts difi fot cure the said de- feet in conaRcetion with the nomination paper Whatever may have been the object of the Parliament of Canada, they have ex- pressed in words tee clear tn admit of any doubt whiat must bc done in order to make a nomination paper valid, and thoy have expressly provided that a nomina- tion parier shall not be valid or acted up- on unless accompanied by tbis deposit You have no pow er to change the law of the land, and no aet donc by you or any. one else can icuder that valid which the Parliament of Canada have declared to be invaiid I, arn strengthened in this vicw by the fact that Sections 152 and 153 of the Act deelare that an election shall flot be invalid by reason of non-compli- ance with the provisions of the Act as to the taking of polis or of the eounting of votes or by reason of the want of qualifi- cation in the peý(rsons signing a nomina- tion paper or of any mistake in the use of the forms contained in schedule One or by reason of nion-coropliance with the Act as to limitation of time The Parlia- ment have declared that irre i ularities shal flot void the election and the wellI established legal principle is applicable here, viz., that where parliament have mentioned certain exceptions no other exceptions will be allowed than those which are mentioned, 3 Your duty in the first instance was to declare Mr. Beith elected. This is still open te you to do Since, however, the ç lection bas gone on (although upon a paper which was invalid and should flot bave been acted upon] and since you have already acted to a certain extent upon this invalid nomination paper, I think it would now be unwise for you te take upon yourself the responsibility of saying that the voting was a nulity. 1 tbink the course you should pursue is to make a special return of ahi the facts con- nected with thi5 election without return- in either candidate as elected, and te ceave it te a higher authority te decide what should be- donc in the premises. Yours truly, - W. IR. RIDDELL. Call and examine my n,.w Pur Coats, comprising Wallabay, Wombat, Dog and Goal; Imitation Fur Gauntlets, Mitis, Imia- tion Fur Chest Protectorsalso Sakatehewan Buffalo Robe, Goat Robes and Horse Biankets Immeise quantities of ail wool, Duteli Nersey, Saxony and Jute,.fBni to make the ouilit compiete y-onumust have a set of our SoliS Nickel or Raïbber Trimmed Harness sud Palmerston Cutter. The place to get this is at Jno. S. Rundle's East End llarness Emperium. BowNtANVîLLU. R k_ Pl RV West End House BOWMANVILLE. G RA DUATE 0F TE ROYAL COLLEGE of Dental Surgeons, Toronto. Crown and Bridge work a specialty. OFFICIi:-CGr. Elmn and Yonge Streets, Toronto.- 16 -tf. SIMIPSON &IBLAIRS. D. B. SIMPSON, Q. C., CHAS. P. BLAIR, Barristers, Solictors, Notaries, etc., Morris' Block, upstairs, King Street, Rowmanville. Solicitors for the Ontario Bank. Prlvate moneys loaned at lowest rates DR. J. COLVILLE, n RADUATE 0F TORONTO UNIVER SITY %'JWand Trinity University. Office: Silver St Night cails answered from residenee of Mr Davis, Beecli Ave. 50-tM. DENTISTRY. G. C. BONNYCASTLE, L. D. S., D. D. S., flouor Graduate in Dentistry of Toronto Uni- versity. OFFICE:-Over Couch, Jolinston and Cryderman's store. Bowmanville. 18-lyr. Il. F. IILJNTER, CompanyFus to Iend at lowest current rates OFFICES: Kiu gSt., oplosite Dr. Harnden's Dental Rooms, Bowmanville. 13 6mI1' B '1OARS FOR SERVICE-Tihorobred -0Berkshire and Tamworth Boirs fur service on loi 34, con. 3. Clarke. This Berkshire ivaq neyer beaten. taking first prize at Bowmanville in 1899 and 1900 and was one o!first prize peu a- Toronto. Bred by Snell. Bownianvllle, P. O. D. J. GIaSON, 464wl WANTED..-.ME In every lncality thrnugh Canada to introduce nur goods, tackîr.g up sh,w carda on irees, fences, alnng rnads and ail couspictions places, aise distributing small advertising inatter. Commission or salary $60,00 per month and expenses uiio to exceed $2.50 per day. Steady employment to gond, honest, reliable men. No experience needful, Write for fuit particulars. Emýpirp Medicine Co., Lonîdon, Ont. Out they go---e Four young people sent mbt business oiffices onu the l15h nsi lu Ibis ity. --,>In they% corne. From Napanee, Picton, Ilarriston, Riegina and other outside places, as well as from n or eiLy, came bright yong people last week te enjoy a practieal training in our Sohool. You may enter ai any trne. With Ten Teachers and first-cltiss equiprneni we cau produce gnod resuits. Cenltral BllsÎness College, -TORONTO- Pirculars Free ... Wr. H. SHAW, Principal. For Mail I EARLY FM *WINTER And 110W is the time to'make your purchases in Heavy Goods, sucli as Dry Goods, Clothing, Boots 'and Shoes, Etc. The West End House lias ai- ways been up-to-date a.nd this sea- son will be found a larger, and better assorted stock in above named lunes, Fancy Blacks in the latest weaves, at,$1.00 per yaird. Homespuns, 35c,OOc,$1,$1.25. A big choice of Plaids at 50c, y 1 89 V-W M iur_ wyqA lw 130% ý lelw - and Beast.b