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dent.

each year.

No. 2. designate by name and appoint some person to the place in the Order in

said Council of the member so vacating his seat, which appointCouncil,

ment shall be valid and effectual until the same shall be disallowed 1848. by Her Majesty, or until a new

appointment m by warrant to be issued as aforesaid, under Her Majesty's sign manual and countersigned by one of Her Majesty's principal Secretaries of State ; and in case any such appointment shall be disallowed by Her Majesty, the said President shall make a new appointment, subject as aforesaid to Her Majesty's approval, and every such appointment, disallowance, and new appointment, shall take effect from the time of the notification thereof by the said President in the Government

Gazette of the said colony. Time and place IX. And it is further ordered, that it shall be lawful for the said for meeting of President for the time being to fix such place or places within any Council to be fixed by Presi- part of the said Turks and Caicos Islands and their dependencies,

and such times for holding the first and every other session of the said Council, as he may think fit; such times and places to be changed or varied as the said President may judge advisable and most consistent with general convenience and the public welfare, giving sufficient notice thereof, and also to prorogue the said Council from time to time, and dissolve the same by proclamation

or otherwise, whenever he shall deem it expedient. One session in X. And it is hereby further ordered, that there shall be a session

of the said Council once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting

of the Council in one session, and the first sitting of the Council Duration five in the next session; and that every Council shall continue for five years, if not

years from the day of the return of the writs for the choosing the sooner dis

same, and no longer, subject nevertheless to be sooner prorogued solved.

or dissolved by the said President. Period fixed for XI. And it is further ordered, that the first writs for the election first session.

of members of the said Council, shall issue at some period to be determined by the President, not later than twelve calendar months

after the first day of October, 1848. Proceedings XII. And it is further ordered, that upon any dissolution or upon dissolu

other determination of the said Council, it shall be lawful for the tion.

President of the Council of the said islands to issue writs for the election of the elective members to serve in the Legislative Council, and after the return of such writs it shall be lawful for the President, in the name and on behalf of Her Majesty, to nominate and appoint the non-elective members to serve in the Legislative Council, which appointment shall be valid and effectual until the same shall be disallowed by Her Majesty, or until new appointments made by warrant or warrants to be issued under Her Majesty's sign manual, and countersigned by one of her principal Secretaries of State, which new appointment shall be taken as a disallowance of the appointments made by the said President, in respect of which they are made, and in case any such appointment, by the President shall be simply disallowed by Her Majesty, the President shall make a new appointment, subject as aforesaid to be disallowed by Her Majesty, and every such appointment, disallowance, and new appointment shall take effect from the time of the notification thereof by the said President in the Government

Gazette of the said islands. Meaning of XIII. And it is further ordered, that the word “ President" as word Presi lent.

employed in this order shall be understood to be the person for the time being, lawfully administering the Government of the said Turks and Caicos Islands and their dependencies.

And the Right Honourable Earl Grey, one of Her Majesty's principal Secretaries of State, is to give the necessary directions herein accordingly.

No. 2. Order in Council,

1848.

No. 3.

No. 3.—The Charter grants the President and Council of these islands power to make and ordain laws. See Charter in extenso, ante, Part I. No. 4.

c.

No. 4.-47 Geo. 3, ch. 1. An Act for consolidating the several Acts

No. 4. for regulating Elections, and the qualification of Members of Act 47 G. 3,

1. the Legislative Council of these islands, and for other purposes

therein mentioned. (Dec. 22nd, 1806.) HEREAS, it is expedient that the qualification of members PreamBLE.

to serve in the Legislative Council of these islands, should be properly defined; and also, that a certain manner of proceeding upon, and determining elections should be established; May it, &c.

I. II. III. Are no longer in force.*

IV. That no person or persons whatever, except native British British Subsubjects, or foreigners duly naturalized, have any right to vote at jects or natuthe election of any member or members to serve in the Legislative ralized For

reigners alone Council.

entitled to vote. V. That the rectors of the several parishes within these islands

Right of Rec. shall be allowed to vote in the respective parish in which their tors to vote. benefices are, at all elections of members to serve in the Legislative Council, without taking any oath, anything in this Act to the contrary, notwithstanding.

VI. No longer in force.*

VII. That no person whatever, shall influence, or attempt to Penalty for influence, or by force or threatening expressions, overawe or compel using improper

influence, any elector to dispose of, or give his vote, or to withhold or refuse to give his vote, upon penalty of forfeiting one hundred pounds. I

VIII. That no elector claiming a right to vote shall presume to Penalty on and ask for, receive, or take any money or other reward by way of gift, regulations to loan, or other device, nor agree to contract for any money, gift, prevent bri

bery. office, employment or other reward whatsoever, to give his vote, or to forbear or refuse to give his vote; neither shall any person by himself or persons employed by him, by any reward, promise, or agreement, security of any gift or reward, corrupt or procure any person to vote, or forbear voting, upon penalty of forfeiting one hundred pounds; and the provost marshal or other officer holding any election shall (if thereto required), by any candidate or elector, tender to every elector the following oath, before he admits his

* Sects. 1, 2, and 6 refer to the former qualification of electors. Sect. 3 is repealed by Ord, 1, 1858.

† See Ord. 1, 1858, sect. 7, post, No. 11, this Part.

| All sums in this Act are at the rate of old Bahama currency. £100 is equivalent to $250, or £52 1s. 8d. stg.

and after an

No. 4. vote, which oath he is hereby empowered to administer : “I, A. B., Act 47 G.3, do solemnly swear upon the Holy Evangelists of Almighty God, c. 1.

that I have not received, had, or been promised for myself, or any other person in trust for me, or for my use or benefit, directly or indirectly, any sum or sums of money, office, place or employment, gift or reward, or security for the same, as a consideration for giving my vote at the election, SO HELP ME GOD;" and the provost marshal or other officer neglecting or refusing to administer the aforesaid oath, if thereto required, shall forfeit, for every such

default, fifty pounds. Electors pro

IX. That no writ, execution, or civil process whatsoever, shall tected from ar- issue to arrest the body of any person being qualified to vote at rest under civil

any election of members to serve in the Legislative Council, for process for 48 hours before at least forty-eight hours before the same shall commence, and for

the like space of time after the close of the poll for such election ; election. and every agent, attorney or solicitor, moving, prosecuting, or

issuing any such writ, execution, or process; and every officer executing the same shall, for every such offence, forfeit to him, that will sue therefor, the sum of twenty pounds; and if it shall appear that any plaintiff hath actually issued out such process, to the intent of hindering any person (qualified to vote) from being present at any such election, as aforesaid, or that such process has been issued by any judge or other magistrate, or executed by any officer, with the like intent and design, all persons so offending, shall be liable to the following penalties, to wit : every such plaintiff shall forfeit and pay double the value of his or her debt or demand, the judge or magistrate, fifty pounds, and the officer executing the said process, twenty pounds, all which fines and forfeitures, shall

be recovered and applied as hereinafter directed. Description of X. That no person shall be capable of being elected, or of

serving as a member of the Legislative Council, unless being a may be elected

white male inhabitant of the Protestant religion,* of twenty-one Members of Assembly. years of age, or upwards, and who shall have been in these islands

twelve calendar months. Qualification XI. That no person who shall be elected a member of the necessary for

Legislative Council of the said islands, for any island, district, or members.

place within the same, shall sit or voté as a member of the said Council, who shall not have an estate, real and personal, or personal property only, for his own life, or for some greater estate, either in law or equity, to, and for his own use and benefit, over and above what will satisfy and clear all judgments and mortgages that

may affect the same, of the value of one thousand pounds.† State Oath to

XII. That every person duly qualified as before mentioned, be taken by

who shall be returned as a member to serve in the Legislative
Council of these islands, shall take and subscribe the oath of
allegiance, I abjuration, and supremacy, before he shall be admitted
to a scat as a member of the said Council; and

any
such

person refusing to take and subscribe such oath, shall be deemed incapable

persons who

members.

* The restriction as to colour, is entii ely abrogated by 4 Wm 4, ch. 1, and 5 Wn. 4, ch. 9: and by Act of Parliament 10 Geo. 4, ch. 7, all civil disabilities attaching to Roman Catholics are removed.

8 Vic. ch. 11, post, No. 10.

By Stat. 21 & 22 Vic. c. 48, the oath of allegiance alone is necessary to be taken.

c. 1.

of serving as a member of the Legislative Council of these islands, No. 4. for, and during the continuance of such Councils.*

Act 47 G. 3, XIII. That every person who shall be elected to serve as a member of the Council of these islands, shall, before he presume to

Qualification vote in the said Council, or sit there, during any debate in the

Oath. said Council, at the table in the middle of the said Council, and whilst the Council is there duly sitting, with the President in the chair of the said Council, take and subscribe the following oath : “I, A. B., do swear, that I truly and bonâ fide have such an estate in law or equity, of such value to and for my own use and benefit, over and above what will satisfy and clear all judgments and mortgages that may effect the same, as doth qualify me to sit and vote as a member of the Legislative Council, for any island, district, or place within the same, according to the tenor and true meaning of the Act of the General Assembly, entitled, “An Act for consolidating the several Acts, for regulating elections and the qualification of members of the General Assembly of these islands, and of electors, and for ascertaining and describing the limits and bounds of the several islands and districts within this Government, which send representatives to the General Assembly, and for other purposes therein mentioned,' SO HELP ME GOD;" and the President and any three members of the said Council are hereby empowered and required to administer the said oath, and take the said subscription, according to the direction of this Act, as occasion shall be from time to time, to every person duly elected, and demanding the same, immediately after such person shall have taken the oath of allegiance,t supremacy, and abjuration, at the said table; and the said oath and subscription, herein before directed to be taken and made, shall be entered in a parchment roll, to be provided for that purpose, by the clerk of the Council, and shall be carefully kept by him.

XIV. That if any person offering himself as a candidate at any Penalty on election of members to serve in the Legislative Council of these candidates islands, shall by bribes, promises, threats, or other undue means,

treating, &c. attempt to influence or contract for the vote of any elector, or shall introduce liquors, meats, or other entertainments, either before or during the continuance of the poll; or shall by himself, or persons employed by him, disturb or hinder any to make free election, every such candidate so offending shall be incapacitated from serving as a member of the Legislative Council, for which such election shall be held during the sitting and continuance thereof.

XV. This clause having reference to the property qualification of voters, is not in force.

XVI. That when any new Council shall at any time hereafter Regulations as be summoned or called, there shall be forty days between the teste to the testing ; and return of the writs of election; and that, as well upon the of Writs of summoning or calling of any new Council, as also in case of any Election. vacancy in the present, or any future Council, the secretary of the colony shall deliver or transmit every such writ of election, with as much expedition as the same may be done, to the proper

officer to whom execution of the same shall appertain.

* Roman Catholic members take the oath prescribed by Act of Parliament, 10 Geo. 4, ch. 7.

† By Stat, 21 & 22 Vic. c. 48, the oath of allegiance alone is necessary to be taken.

c. 1.

Mode of pro

No. 4. XVII. That whenever any writ of election shall be issued from Act 47 G. 3, the Secretary's Office of these islands, the Secretary, or person

issuing the same, shall forthwith give public notice thereof, in

some newspaper of these islands : or if there should be no such Public notice to be given of

paper, by advertisement or otherwise in the most public manner; issuing of and also of the time such writ was delivered, or sent to any person writs.

or persons to be executed.

ÎVIII. That when the provost marshal, or other person legally ceeding at authorized, shall have received the precept or writ for holding elections.

election for a member or members to serve in the Legislative Council, for any island or district within this Government, he shall, as soon as may be, cause to be affixed in the most public place thereof, a notification of the time when, and place where, such election shall begin and be holden; if at the Turks Islands, at least six days, and if in any of the out-islands, at least twelve days previous to the holding of the same; and upon the day appointed for holding such election, shall between the hours of eight in the morning and two in the afternoon, (during all which time the poll shall be open) fairly, without partiality, take the votes of the different electors, and administer the several oaths enjoined by this Act; and upon the final close of the poll, shall sum up the number of the votes, and declare what candidate has the majority, and shall annex the poll list and other proceedings of such election to the back of the precept or writ, whereon he shall make return of the person or candidate having the majority of votes; and if a copy of the poll shall be demanded by any candidato, or two or more electors, he shall forthwith give the same to him or them, who shall pay him all reasonable charges therefor; and in case of refusal or neglect of the said Provost Marshal, or other officer, to do and perform the several matters and things in this clause enjoined, he shall forfeit for every such neglect or refusal, the sum

of one hundred pounds. Wiits for out

XIX. That every writ of election, hereafter to issue, for a Island elec member or members to serve in the Legislative Council for any tions may be island or district other than the districts of the Turks Islands, may directed to

be directed to a Justice of the Peace resident in the island or Justices of the Peace.

district where such election is to be held; or if there should be no justice there resident, the same may be directed to any other Justice of the Peace; and the said Justice is hereby fully authorized, empowered, and required, to hold such election, and execute such writ,

agreeably to the directions of this Act. Duty of Jus XX. That every Justice of the Peace, to whom any writ of electices defined.

tion shall be directed as aforesaid, shall, upon receipt thereof, endorse
upon such writ the day he received the same, and by whom such
writs shall have been delivered ; and after the closing of the poll,
shall also endorse on such writ the name or names of the person or
persons who shall appear to have been chosen by a majority of legal
votes, and shall take and subscribe an oath to the following effect,
to wit:—I, A. B., do solemnly swear, that the person or persons
(as the case may be) whose name or names is or are endorsed on
the writ of election for a member or members to serve in the
Legislative Council for the island or district of
appear to me to have the greatest number of votes; and that I have
executed the said writ agreeably to law, according to the best of my
judgment, SO HELP ME GOD;" which oath any Justice or

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