Justices of the Peace, or any three electors present at such election, are hereby authorized to administer; and the writ so executed 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 These clauses which authorized the holding of scrutinies, and regulated the mode of proceeding thereat, are repealed by 18th sec. 8 Vic. ch. 29. XXVI. That the Provost Marshal, or other returning officer, shall, on the close of any poll, upon request, and at the cost and charges of any candidate, or any three electors on his behalf, grant a certified copy of the original writ and poll upon oath, which any magistrate, or any three electors present, are hereby authorized to administer, together with his return thereon, and all proceedings had under any such writ; which certified copy, upon being produced to the Council, shall, in the event of the loss of the original writ and proceedings, be of equal validity to all intents and purposes, with the original writ and proceedings, anything herein contained to the contrary notwithstanding. XXVII. Provost Marshal, or other returning officer, sued for, or by reason of any matter or thing by him or them performed in pursuance of this Act, may plead the general issue, and give this 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 This clause, which regulated the allowance to returning officers, is repealed by Ord. 1, 1858, sec. 18. Penalty on Magistrates refusing to recute writs di ceive or exe rected to them. Secretary of the Colony to record returns XXIX. That if any magistrate within these islands, to whom any writ or precept for holding any election for a member or members to serve in the Legislative Council for any island in which such magistrate is resident, shall refuse to receive or execute the same, he shall forfeit and pay the sum of two hundred pounds. XXX. That the Secretary of the Colony, for the time being, shall, from time to time, enter, or cause to be entered, in a book for that purpose to be kept in his office, every single and double return 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. laid before the 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, or by some person by him thereunto appointed in the Council, upon the first day on which the same shall meet after the return of such writ or writs, at or before the hour appointed for the sitting of the Council. XXXII. That all writs of election for members to serve in the Legislative Council may lawfully be executed, as well upon the day appointed for the return of the same as upon any earlier day, notice of such election having been first given; and that every such writ or return may lawfully be received by the Secretary, and entered in his book of returns at any time afterwards. Council on the day of its first meeting after such returns received. Writs may be executed on the day appointed for their return. XXXIII. Not applicable to these islands. 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 shall receive notice of a death of a member of Council, forthwith to direct the Secretary of these islands to make out a writ for the election of a member of the Council in the room of the deceased member; and all and every writ and writs, which shall be made out during the recess of Council as aforesaid, shall be directed and delivered to, and shall be executed by the Provost Marshal, or other 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 whom any writ of election may be directed, may, from sickness and other causes, be unable to execute the same, whereby the intent of this Act may be frustrated; Be it, &c., that in case of the absence, sickness, or inability of the said magistrate to execute the said writ, any other magistrate, to whom the writ shall be tendered by any three electors, may, and he is hereby fully authorized, empowered, 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. XXXVI. That nothing in this Act contained shall be understood to invalidate or interfere with the right and privilege of the Legislative Council of these islands, of hearing, examining, and finally adjudging, both the qualifications of electors and the rights of the persons elected. XXXVII. That all penalties in this Act mentioned shall be recovered in the Supreme Court of these islands by action of debt, 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. XLI. That all former Acts of the General Assembly, relating to or concerning the election of Members of Council, or to the 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. No. 5.--50 Geo. 3, ch. 6. An Act for preventing any irregular proceedings of the deputies of the Provost Marshal, in the Act 50 G. 3, execution and returns of writs of elections. (Nov. 3rd, 1809.) TH HAT every deputy of the Provost Marshal, to whom any writ of election may be delivered for execution, after the passing of this Act, shall, upon receipt thereof, indorse upon such writ the day he received the same, and the name of the person by whom such writ was delivered, and after the closing of the poll, shall certify, on the back of the said writ, what person or persons shall appear to have been chosen by a majority of legal votes, and shall 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. c. 6. Mode of proceeding to be observed by deputies of the Provost Marshal in the execution of writs of elec tion defined. No. 6. No. 6.-2 Geo. 4, ch. 35. An Act for continuing for a limited time the General Assembly of these Islands after the death or demise of Act 2 G. 4, the King. (Jan. 23rd, 1822.) W Demise of the Crown not to put an end to a Legislative Council until the expiration of six months from such de c. 35. 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 present Majesty (whom God preserve) or of any of his heirs or successors, or at the time such death or demise shall be made known, by authority within these islands, shall not determine or be dissolved by the death of His present Majesty or of any of his heirs or successors; but such Council shall, and is hereby enacted to continue, and is hereby empowered, if convened and sitting at the 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 mise. No. 6. Act 2 G. 4, c. 35. Saving of the rights of the Crown to dissolve, &c. Laws passing after demise of the Crown, but before the same may be known in the Colony, to be valid. Council so called shall meet and sit on and upon the day unto which 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 construed to extend to alter or abridge the power of the King, his heirs or successors, or the President or person exercising the functions of President of these islands for the time being, to convene, prorogue, or dissolve the Council of these islands. II. That all laws made and passed, or to be made and passed, after the demise of any King, and before such demise shall have been made known in these islands are, and shall be taken and admitted to be in full force and effect, the demise of the then late King to the contrary notwithstanding. No. 7. Act 4 W. 4, c. 3. Election of Council accept No. 7.-4 Wm. 4, ch. 3. An Act to declare the election of any Member of Assembly to be void, who shall accept an office or place of profit under the Crown. (12th Nov. 1833.) W HEREAS, in order to set at rest all doubts as to the right that any member of the Council has to a seat in the same, who after his election has accepted an office or place of profit under the Crown; Be it, &c., that if any person, being chosen a member 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. Act 3 Vic. c. 39. PREAMBLE. Salt Cay made a polling place. No. 8.-3 Victoria, ch. 39. An Act to provide for the better 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.) WH HEREAS, the poll for the election of members to represent 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 represent the Turks Islands, in the General Assembly of these 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 same day, and shall continue open during the time prescribed by 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 certified copy thereof, shall have been delivered to the returning officer at Grand Cay, when such returning officer shall, at a time and place to be appointed by him for that purpose, publicly proclaim 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. III. Repealed by 8 Vic. ch. 29, sec. 18, Bah. Act, April, 1845. No. 9. No. 9.-7 Victoria, ch. 9. An Act to explain an Act entitled “An 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." (9th January, 1844.) W HEREAS, in and by an Act of the General Assembly of these islands, passed in the fourth year of the reign of King William the Fourth, entitled "An Act to declare the election of any Member of Council to be void who shall accept an office or place of profit under the Crown," it is enacted, That if any person being chosen a member of the Legislative Council shall accept any office or place of profit from the Crown during such time as he shall continue a member, his election shall be 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: And whereas, doubts sometimes arise as to the description of offices which come within the intent and meaning of the said Act, and it is expedient that such doubts should be removed, May it, &c., That the offices in the 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 elected a member of Council, hold any one or more of the said offices, any subsequent acceptance by him of any other of such offices, whether in substitution of or in addition to the office or offices held by him at the time of his election, such subsequent acceptance shall not be considered, deemed, or taken as an accept 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. c. 9. PREAMBLE. Reciting that doubts exist as to description of offices which the meaning of named in the this Act, and none other, shall be held to be within the meaning of the said Act. The acceptance 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 |