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Justices of the Peace, or any three electors present at such election, No. 4. are hereby authorized to administer ; and the writ so executed Act 47 G. 3, together with the oath so taken and poll annexed thereto, shall be forthwith transmitted to the office of the Secretary of these islands.
XXI. to XXV. These clauses which authorized the holding of Clauses 21 to scrutinies, and regulated the mode of proceeding thereat, are re- 25 repealed. pealed by 18th sec. 8 Vic. ch. 29.
XXVI. That the Provost Marshal, or other returning officer, Candidates on shall, on the close of any poll, upon request, and at the cost and demand encharges of any candidate, or any three electors on his behalf, grant titled to a cera certified copy of the original writ and poll upon oath, which any Writ and Poll; magistrate, or any three electors present, are hereby authorized to in the event of administer, together with his return thereon, and all proceedings the loss of the had under any such writ; which certified copy, upon being produced original, certito the Council, shall, in the event of the loss of the original writ
of equal valiand proceedings, be of equal validity to all intents and purposes, dity. with the original writ and proceedings, anything herein contained to the contrary notwithstanding.
XXVII. Provost Marshal, or other returning officer, sued for, Returning offior by reason of any matter or thing by him or them performed in cer, if sued, pursuance of this Act, may plead the general issue, and give this may plead ge
neral issue, &c. Act and the special matter in evidence; and in case of judgment for the defendant, discontinuance, or nonsuit, defendant entitled to treble costs.
XXVIII. This clause, which regulated the allowance to returning officers, is repealed by Ord. 1, 1858, sec. 18.
XXIX. That if any magistrate within these islands, to whom Penalty on any writ or precept for holding any election for a member or mem- Magistrates bers to serve in the Legislative Council for any island in which such refusing to remagistrate is resident, shall refuse to receive or execute the same, cute writs dihe shall forfeit and pay the sum of two hundred pounds.
rected to them. XXX. That the Secretary of the Colony, for the time being, Secretary of shall, from time to time, enter, or cause to be entered, in a book for the Colony to that purpose to be kept in his office, every single and double return record returns of any member or members to serve in the Legislative Council,
in his office. which shall be returned or come into his office or to his hands; and also every alteration and amendment which shall afterwards lawfully be made in every such return; to which book all persons shall have free access, at all reasonable times, to search and take true copies of so much thereof as shall be desired, paying a reasonable fee or reward for the same.
XXXI. That all writs for the election of members to serve in the Writs and Legislative Council, together with the return or returns of the Returns to be same, shall be produced and brought by the Secretary of the Colony, laid before the or by some person by him thereunto appointed in the Council, day of its first upon the first day on which the same shall meet after the return of meeting after such writ or writs, at or before the hour appointed for the sitting such returns of the Council.
received. XXXII. That all writs of election for members to serve in the Writs may be Legislative Council may lawfully be executed, as well upon the day executed on appointed for the return of the same as upon any earlier day, notice
pointed for of such election having been first given; and that every such writ their returna or return may lawfully be received by the Secretary, and entered in his book of returns at any time afterwards.
the day ap
Code of pro
No. 4. XXXIII. Not applicable to these islands. Act 47 G. 3, XXXIV. That it shall and may be lawful for the President,
during the recess of the Council for more than twenty days, whether
by prorogation or adjournment from time to time, and whenever he How writs may shall receive notice of a death of a member of Council, forthwith to issue to fill during a recess
direct the Secretary of these islands to make out a writ for the of the House
election of a member of the Council in the room of the deceased vacancies oc member; and all and every writ and writs, which shall be made out casioned by during the recess of Council as aforesaid, shall be directed and the death of
delivered to, and shall be executed by the Provost Marshal, or other members.
person legally authorized, in the same manner as writs of election issued during the sitting of the Council, and according to the directions of this Act.
XXXV. And whereas, it may happen that the magistrate to ceeding in case
whom any writ of election be directed, may, from sickness and of inability by
other causes, be unable to execute the same, whereby the intent of sickness or otherwise of a this Act may be frustrated ; Be it, &c., that in case of the absence, Returning Offi- sickness, or inability of the said magistrate to execute the said writ, cer to execute
any other magistrate, to whom the writ shall be tendered by any writ directed to three electors, may, and he is hereby fully authorized, empowered, him
and required, under the penalty of two hundred pounds, to hold such election and execute such writ in manner prescribed by this Act; and his return shall be as valid, to all intents and purposes,
as if the said writ had been directed to the said magistrate. Rights of Legis XXXVI. That nothing in this Act contained shall be underlative Council stood to invalidate or interfere with the right and privilege of the saved.
Legislative Council of these islands, of hearing, examining, and finally adjudging, both the qualifications of electors and the rights
of the persons elected. Fines and pe
XXXVII. That all 'penalties in this Act mentioned shall be nalties, how re
recovered in the Supreme Court of these islands by action of debt, covered and applied.
or by bill of information, wherein no essoign or more than one imparlance shall be allowed; one moiety whereof shall be to the use of our Sovereign Lord the King, his heirs and successors, for and towards the support of the Government of these islands, and the other moiety thereof shall be to the use of the informer, or him, her, or them, who shall sue for the same : Provided, nevertheless, That all actions for the recovery of any such fines, forfeitures, and penalties shall be commenced within Six Calendar Months after the default or neglect for which such fines, forfeitures, and penalties were imposed, and not afterwards.
XXXVIII. XXXIX. XL. Not applicable to these islands. All former
XLI. That all former Acts of the General Assembly, relating election laws
to or concerning the election of Members of Council, or to the suspended.
qualification of electors, candidates, or members, be, from and after the passing of this Act, suspended ; and all and every such Act and Acts, and every matter and clause therein contained, are hereby suspended accordingly for and during the continuance of this Act.
No. 5.--50 Geo. 3, ch. 6. An Act for preventing any irregular No. 5.
proceedings of the deputies of the Provost Marshal, in the Act 50 G. 3, execution and returns of writs of elections. (Nov. 3rd,
1809.) HAT every deputy of the Provost Marshal, to whom any writ Mode of pro
of election may be delivered for execution, after the passing ceeding to be of this Act, shall, upon receipt thereof, indorse upon such writ the deputies of the day he received the same, and the name of the person by whom Provost Marsuch writ was delivered, and after the closing of the poll, shall cer- shal in the tify, on the back of the said writ, what person or persons shall execution of appear to have been chosen by a majority of legal votes, and shall
tion defined. also 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 (as the case may be) 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;" which oath any Justice or Justices of the Peace, or any three electors present at such election is or are hereby authorized to administer; and the writ so executed, together with the oath so taken and subscribed, and the poll annexed thereto, shall be forthwith transmitted to the office of the Secretary of these islands to be filed.
No. 6.—2 Geo. 4, ch. 35. An Act for continuing for a limited time the No. 6.
General Assembly of these Islands after the death or demise of Act 2 G. 4,
the King. (Jan. 23rd, 1822.) ) HEREAS, it is expedient to provide against the inconve- PREAMBLE.
niences which may arise and be felt in these islands from the immediate dissolution of the Legislative Council by the death or demise of the King; Be it, &c., that this present Council or any other Council existing at the time of the death or demise of His Demise of the present Majesty (whom God preserve) or of any of his heirs or suc- Crown not to cessors, or at the time such death or demise shall be made known, put an end to by authority within these islands, shall not determine or be dis- Council until solved by the death of His present Majesty or of any of his heirs the expiration or successors; but such Council shall, and is hereby enacted to of six months continue, and is hereby empowered, if convened and sitting at the from such de
mise. time of such death or demise, or the notification thereof, to proceed to act, notwithstanding such death or demise, for and during the time and term of Six Calendar Months next after such death or demise and no longer, unless the same shall be sooner prorogued or dissolved by legal authority; and if such Council shall be then under prorogation, it shall and may be lawful for the President, or person exercising the functions of President, further to prorogue or to call or convene the said Council in the usual manner; and the
No. 6. Council so called shall meet and sit on and upon the day unto which Act 2 G. 4, it shall be prorogued or called and convened, or continue to act for
the residue of the said time or term, unless sooner prorogued or
dissolved : Provided always, that nothing in this Act extend or be Saving of the
construed to extend to alter or abridge the power of the King, his rights of the
heirs or successors, or the President or person exercising the funcCrown to dis
tions of President of these islands for the time being, to convene, solve, &c.
prorogue, or dissolve the Council of these islands. Laws passing II. That all laws made and passed, or to be made and passed, after demise
after the demise of any King, and before such demise shall have of the Crown,
been made known in these islands are, and shall be taken and adbut before the same may be
mitted to be in full force and effect, the demise of the then late known in the King to the contrary notwithstanding. Colony, to be valid.
No. 7.—4 Wm. 4, ch. 3. An Act to declare the election of any Act 4 W. 4, Member of Assembly to be void, who shall accept an office or
place of profit under the Crown. (12th Nov. 1833.) Election of
HEREAS, in order to set at rest all doubts as to the right Members of
that any member of the Council has to a seat in the same, Council accept- who after his election has accepted an office or place of profit under ing offices of
the Crown; Be it, &c., that if any person, being chosen a member profit void.
of the Council, shall accept any office or place of profit from the Crown, during such time as he shall continue a member, his election shall and is hereby declared to be void, and a new writ shall issue for a new election, as if such person so accepting office was naturally dead : Provided, nevertheless, That such person shall be capable of being again elected, as if his place had not become void, as aforesaid.
No. 8. No. 8.-3 Victoria, ch. 39. An Act to provide for the better Act 3 Vic.
taking the Poll, at any future election, for a Member or Members to represent the Turks Islands, in the Legislative Council
of these Islands. (20th February, 1840.) PREAMBLE.
the Turks Islands, in the Council of these islands, has, heretofore, been held solely at Grand Cay, one of the said Turks Islands ; And whereas, the inhabitants of Salt Cay, the other of the said Turks Island, find it, on all occasions, highly inconvenient, and, on some occasions, utterly impossible to attend at Grand Cay, for the purpose of polling their votes; for remedy thereof, May it,
&c., that at every future election for a member or members to reSalt Cay made present the Turks Islands, in the General Assembly of these a polling place. islands, the poll shall be taken as well at Salt Cay as at Grand
Cay, and for that purpose it shall be lawful for the returning Officer at Grand Cay to appoint a fit and proper person, being one of Her Majesty's Justices of the Peace, to act as his deputy, in taking the poll at Salt Cay.
II. That the poll shall be opened at both of the said cays, at the No.8. same day, and shall continue open during the time prescribed by Act 3 Vic. law; and upon the closing of the said polls, the numbers shall be cast up, but no declaration shall be made as to the member or members elect, until the original poll taken at Salt Cay, or a certi- Polls to be fied copy thereof, shall have been delivered to the returning officer opened at at Grand Cay, when such returning officer shall, at a time and Grand and Salt place to be appointed by him for that purpose, publicly proclaim Cay on the same
. the names of the different candidates, and the total number of votes polled for each, and then further proceed, as is directed by the eighteenth section of the Consolidated Election Law.
47 Geo. 3, c. 1. III, Repealed by 8 Vic. ch. 29, sec. 18, Bah. Act, April, 1845. IV. Realed by Ord. 1, 1858, sec. 18, post, No. 11.
No. 9.—7 Victoria, ch. 9. An Act to explain an Act entitled “ An No. 9.
Act to declare the election of any Member of Council to be void Act 7 Vic. who shall accept an office or place of profit under the Crown."
c. 9. (9th January, 1844.) HEREAS, in and by an Act of the General Assembly of PREAMBLE.
these islands, passed in the fourth year of the reign of King Reciting that William the Fourth, entitled “ An Act to declare the election of doubts exist as any Member of Council to be void who shall accept an office or to description
of offices which place of profit under the Crown,” it is enacted, That if any person
come within being chosen a member of the Legislative Council shall accept any the meaning of office or place of profit from the Crown during such time as he shall the 4th W. 4, continue a member, his election shall be and is hereby declared to c. 3, and enacts be void, and a new writ shall issue for a new election, as if such that the officers
named in the person so accepting office was naturally dead : Provided, neverthe
schedule to less, that such person shall be capable of being again elected as if this Act, and his place had not become void as aforesaid : And whereas, doubts none other, sometimes arise as to the description of offices which come within shall be held
to be within the intent and meaning of the said Act, and it is expedient that
the meaning of such doubts should be removed, May it, &c., That the offices in the the said Act. Schedule to this Act named, and none other, shall be construed to come within the intent and meaning of the said recited Act.
II. That if any member of Council shall at the time of being The acceptance elected a member of Council, hold any one or more of the said of an office by offices, any subsequent acceptance by him of any other of such a member of
Council already offices, whether in substitution of or in addition to the office or
holding office offices held by him at the time of his election, such subsequent not to vacate acceptance shall not be considered, decmed, or taken as an accept- his seat. ance of office within the intent and meaning of the said recited Act, but such member shall continue to sit and vote as a member of such Council, his subsequent acceptance of office to the contrary notwithstanding.
SCHEDULE. Judge of the Supreme Court, Clerk of the Crown, Receiver of Schedule of Colonial Dutics, Physician of the Poor's House, Physician of the Enumeration, Gaol, Cashier of the Public Bank, Health Officer, Superintendent of the Poor's House, Coroner, Provost Marshal in charge of the