and Application of any Penalty for any Offence committed against the said Act before such Proclamation shall take effect. tions to be en British Possessions as if they the Imperial Passengers were Part of Act. 3. The Provisions and Requirements of every such Proclama- Requirements tion shall be enforced in the same Manner, and in all Her of ProclamaMajesty's Dominions, as if they were incorporated in the said forced in all Passengers Act, or in any Act of a like Nature which may hereafter be passed by the Legislature of the United Kingdom, and a Copy of any such Proclamation, purporting to be under the Hand of the Governor of the Colony wherein the same may have been issued, and under the Public Seal of such Colony, shall in any Part of Her Majesty's Dominions wherein the same shall be produced be received as good and sufficient Evidence of the due issuing and of the Contents of such Proclamation, unless it shall be proved that such Copy is not genuine. 4. The Expression "Governor," "Passenger Ship," "Pas- Interpretation senger," shall in this Act have respectively the same Signification as in the said Passengers Act, 1855; and the Term " Australasia" shall signify and include New Zealand and Tasmania as well as Australia Proper; and Words of One Number shall import both Numbers, unless inconsistent with the Context. CAP. LIII. An Act to provide that Votes at Elections for the 6 1. It shall be lawful for such Electors, in lieu of attending to vote in Person, to nominate any other Elector or Electors of the same University, competent to make the Declaration hereinafter mentioned, to deliver for them at the Poll Voting Papers containing their Votes, as by this Act provided. Every such Vo Voting Paper shall bear Date subsequently to Notice given by the Returning Officer of the Day for proceeding to Election, and shall contain the Name or Names of the Candidate or Candidates thereby voted for, and the Name or Names of the Elector or Electors authorized on behalf of the Voter to tender such Voting Paper at the Poll, and shall be according to the Form or to the Effect prescribed in the Schedule to this Act annexed. Such Voting Paper, the aforesaid Date and Names being previously filled in, shall, on any Day subsequent to Notice given by the Returning Officer of the Day for proceeding to Election, be signed by the Voter in the Presence of a Justice of Terms. Electors to of Voting Voting Papers to be read, and Justice of the Peace for the County or Borough in which such Voter shall be then residing; and the said Justice shall certify and attest the Fact of such Voting Paper having been so signed in his Presence, by signing at the Foot thereof a Certificate or Attestation in the Form or to the Effect prescribed in the said Schedule, with his Name and Address in full, and shall state his Quality as a Justice of the Peace for such County or Borough. 2. The Voting Paper, signed and certified as aforesaid, may Votes recorded. be delivered to the Vice Chancellor of the University for which the Election is held, or to any Pro Vice Chancellor appointed by him, or, in the Case of the University of Dublin, to the Provost of Trinity College, or to any Person lawfully deputed to act for him, at any One of the appointed Polling Places, during the appointed Hours of Polling, by any One of the Persons therein nominated in that Behalf, who shall, on tendering such Voting Paper at the Poll, read out the same; and the said Vice Chancellor, Pro Vice Chancellor, Provost, or Deputy shall receive the Voting Papers as the same shall be delivered, and shall cause the Votes thereby given, or such of them as may not appear to be contrary to the Provisions of this Act, to be recorded in the Manner heretofore used, in all respects as if such Votes had been given by the Electors attending in Person; and all Votes so recorded shall have the same Validity and Effect as if they had been duly given by the Voters in Person: Provided always, that no Person shall be entitled to sign or vote by more than One Voting Paper at any Election, and that no Voting Paper containing the Names of more Candidates than there are Burgesses to be elected at such Election shall be received or recorded: Provided also, that no Voting Paper shall be received or recorded unless the Person tendering the same shall make the following Declaration, which he shall sign at the Foot or Back thereof; Voting Papers may be in spected by any Person now entitled to object to Votes. solemnly declare, That I am personally acquainted with A. B. [the Voter], and I verily believe that this is the Paper by which he intends to vote pursuant to the Provisions of the Universities Elections Act,' Provided also, that no Voting Paper shall be so received and recorded if the Voter signing the same shall have already voted in Person at the same Election: Provided also, that every such Elector shall be entitled to vote in Person, notwithstanding that he has duly signed and transmitted a Voting Paper to another Elector, if such Voting Paper has not been already tendered at the Poll. 3. It shall be lawful for any Person now by Law or Custom authorized on behalf of any Candidate to object to Votes to inspect any Voting Paper tendered at the Poll before the same shall be received or recorded, and to object to it on One or more of the following Grounds: 1. That the Person on whose Behalf the Voting Paper is tendered is not qualified to vote: 2. That 2. That the Person tendering the Voting Paper is not duly qualified in that Behalf: 3. That the Person in whose Behalf the Voting Paper is tendered has already voted at that Election in Person or by Voting Paper: 4. That the Voting Paper bears Date anterior to Notice given by the Returning Officer of the Day for proceeding to Election: 5. That the Voting Paper is forged or falsified: And the Returning Officer, his Deputy or Assessor, or any Officer having by Law or Custom Power to decide Objections in respect of Votes tendered by Voters attending the Poll in Person, shall have Power to put Questions to the Person tendering such Voting Paper, and to reject, receive, and record, or receive and record as objected to or protested against, any Votes tendered by Voting Papers: Provided, that in case the Objection offered to any Voting Paper shall be that it is forged or falsified, such Returning or other Officer shall receive and record such Voting Paper, having previously written upon it, "Objected to as forged," or Objected to as falsified," together with the Name of the Person making such Objection. 66 4. All Voting Papers received and recorded at such Voting Papers Election, as well as any Voting Papers rejected for Informality to be filed. or on any other Ground, shall be filed and kept by the Officer entrusted with the Care of the Poll Books or other Documents relating to the said Election; and any Person shall be allowed to examine such Voting Papers at all reasonable Times, and to take Copies thereof, upon Payment of a Fee of One Shilling. 5. Any Person falsely or fraudulently signing any Voting Paper in the Name of any other Person, either as a Voter or as a Witness, whether such other Person shall be living or dead, and every Person signing, subscribing, endorsing, attesting, certifying, tendering, or transmitting as genuine any false or falsified Voting Paper, knowing the same to be false or falsified, and any Person falsely making any such Declaration as aforesaid, or such Declaration as is contained in the Schedule, or with fraudulent Intent altering, defacing, destroying, withholding, or abstracting any Voting Paper, and any Person wilfully making a false Answer to any Question put to him by the Returning or other Officer as herein-before provided, shall be guilty of a Misdemeanor, and punishable by Fine, or Imprisonment for a Term not exceeding One Year. 6. No such Voting Paper as herein-before mentioned shall be liable to any Stamp Duty. I A.B. [the Christian and Surnames of the Elector in full, his College or Hall, if any, and his Degree or Academical Rank or Penalty for falsely signing Voting Papers. Voting Papers not liable to Stamp Duty. Office, Office, if any, to be here inserted], do hereby declare, that I have signed no other Voting Paper at this Election, and do hereby give my Vote at this Election for 33 G. 3. c. 52. 6 6 6 or One of them, to deliver this Voting Paper at the Poll. Day of 18 (Signed) A.B. of [the Elector's Place of Residence to be here inserted]. Signed in my Presence by the said A.B., who is personally known to me, on the above-mentioned 18 the Name [or Names] of Day of as the Candidate [or Candidates] voted for having been previously filled in. (Signed) Z.M. of [the Witness's Place of Residence to be here inserted,] a Justice of the Peace for CAP. LIV. An Act to confirm certain Appointments in India, and to amend the Law concerning the Civil Service there. [1st August 1861.] HEREAS by Section Fifty-six of an Act of the Thirtythird Year of King George the Third, Chapter Fifty6 two, it was enacted that all the Civil Servants of the East India Company in India under the Rank or Degree of • Members of Council should have and be entitled to Precedence in the Service of the said Company at their respective Stations according to their Seniority of Appointment, and that no such Civil Servant should be capable of being advanced or promoted to any higher Station, Rank, or Degree therein than he should be entitled to according to the Length of his Service; and by Section Fifty-seven of the same Act it was enacted that all Vacancies happening in any of the Offices, Places, or Employments in the Civil Line of the Company's Service in India (being under the Degree of Counsellor) should be from Time to Time filled up and supplied from ' amongst the Civil Servants of the said Company belonging to the Presidency wherein such Vacancies should respectively happen: And whereas by reason of the Exigencies of the Public Service Vacancies in certain Offices, Places, and Employments in India have been filled up by the Appoint'ment of Persons not being Civil Servants, or not being Civil • Servants belonging to the Presidency wherein the Vacancies have happened, and otherwise not in accordance with the • Provisions of the said Enactments, and it is expedient that such Appointments should be rendered valid, and also that the Authorities in India should be empowered to make such Appointments in like Cases in future: Be it enacted by the 6 Queen's Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows: 1. All Appointments made by the Authorities in India to any such Offices, Places, or Employments shall be and be deemed to have been as valid and effectual as if the Act herein-before recited or referred to had not been passed. 2. All Vacancies happening in any of the Offices, Places, or Employments specified in the Schedule annexed to this Act, and all such Offices which may be created hereafter, shall be filled up and supplied, except as herein-after provided, from amongst the Covenanted Civil Servants of the Crown in India. Appointments not in accord33 G. 3. c. 52. ance with valid. Vacancies in Covenanted Civil Servants such Offices, tions. 3. Where it appears to the Authority in India by whom an Persons not Appointment should be made to any Office, Place, or Employ- Covenanted ment specified in the said Schedule, that such Appointment, may, under under the special Circumstances of the Case, should be made special Cirwithout regard to the recited Qualifications, Conditions, and cumstances, be Restrictions of the said Act, it shall be lawful for such appointed to Authority to make such Appointment accordingly; provided subject to certhat no Person shall be so appointed who has not resided for tain Restricat least Seven Years in India, and that every Person previously to his being so appointed to any of the Offices in the Revenue and Judicial Departments specified in the said Schedule shall pass an Examination in the vernacular Language of the District in which he is to be employed, where such Examination is now required, and shall be subject to all the departmental Tests and other Qualifications and Restrictions which are or may be imposed in the like Case on Covenanted Civil Servants. 4. Every such Appointment shall be provisional only, and shall forthwith be reported to the Secretary of State in Council of India, together with the special Reasons for making the same; and unless the Secretary of State in Council shall approve such Appointment, with the Concurrence of a Majority of Members present at a Meeting, and shall within Twelve Months from the Date of such Appointment notify such Approval to the Authority by whom the Appointment was made, then such Appointment shall be cancelled. 5. All Vacancies happening in any other Offices, Places, or Employments than those mentioned in the said Schedule, and all other Offices than those so mentioned that may hereafter be created in India, may be filled up and supplied without regard to the Qualifications, Conditions, and Restrictions prescribed by the said Act. 6. Provided always, That this Act shall not apply to the Office of Lieutenant Governor of any Part of Her Majesty's Dominions in India, or to any Offices for the Supply [No. 27. Price 2d.] D d of Such Appointment in each Case to be re- Secretary of Certain Offices may be filled up without regard to Restrictions prescribed by recited Act. Act not to apPly to Office Governor, &c. of Lieutenant |