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§ 130. “Of the Full Age of Twenty-one Years.”

The Constitution of the United States of America, supra, provides that no person shall be a representative who is under the age of twenty-five years. The Canadian Constitution, supra, accepts, as the qualifying age of members elected in the several Provinces, the age fixed by the laws of the Provinces respectively; power being reserved to the Dominion Parliament to enact a uniform qualification.

“By standing order No. 12, the Lords prescribe that no lord under the age of twenty-one years shall sit in their house. By the 7 and 8 Will. III. c. 25, s. 8, a minor was disqualified to be elected to the House of Commons. Before the passing of that Act, several members were notoriously under age, yet their sitting was not objected to. Sir Edward Coke said that they sat ‘by connivance; but if questioned would be put out’; yet on the 16th December, 1690, on the hearing of a controverted election, Mr. Trenchard, though admitted by his counsel to be a minor, was declared, upon a division, to be duly elected. And even after the passing of the Act of Will. III., some minors sat ‘by connivance.’ Charles James Fox was returned for Midhurst when he was nineteen years and four months old, and sat and spoke before he was of age; and Lord John Russell was returned for Tavistock a month before he came of age.” (May, 10th ed. p. 28.




  ― 477 ―
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