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No. 4. XXXIII. Not applicable to these islands. Act 47 G.3, XXXIV. That it shall and may be lawful for the President, c. 1. 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
direct the Secretary of these islands to make out & writ for the during a recess 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 direc
tions of this Act. Mode of pro XXXV. And whereas, it may happen that the magistrate to ceeding in case whom any writ of election may 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
or by bill of information, wheroin no essoign or more than one imapplied.
parlance 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,
c. 6. 1809.) THAT every deputy of the Provost Marshal, to whom any writ Mode of pro
I 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 de
observed by 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
u writs of elec
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.)
c. 35. W HEREAS, it is expedient to provide against the inconve- PREAMBLE.
W 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, P
' a Legislative 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 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 c. 35. 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 assing
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
he Crown; been made known in these islands are, and shall be taken and adbut before the
mitted to be in full force and effect, the demise of the then lato same may be known in the King to the contrary notwithstanding. Colony, to be valid.
No. 7. 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 c. 3.
place of profit under the Crown. (12th Nov. 1833.) Election of
THEREAS, 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 Memc. 39.
bers to represent the Turks Islands, in the Legislative Council
of these Islands. (20th February, 1840.) W 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 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 c. 39. 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
n the same place to be appointed by him for that purpose, publicly proclaim Cay 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." Coy
(9th January, 1844.) W 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 place of profit under the Crown," it is enacted, That if any person
of offices which
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- so 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
that 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 Aci. 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 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 Duties, 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
No. 9. Prisons, Licensed Pilots, Harbour Master, Lighthouse Keeper, Act 7 Vic. Quarter and Muster Master of Militia, Police Magistrate, Stipenc. 9. diary Justice, Public Secretary, Receiver General and Treasurer,
Provost Marshal, Clerks in Police Offices, Clerk in the Office of
No. 10. Act 8 Vic.
c. 11. PREAMBLE, Recites requisite qualitication of mem
* bers under 47 Geo. 3, ch, 1.
That it is essential that members should continue to possess du their continuance as members the same qualifi. cation in right of which they took their seats.
No. 10.-8 Vic. ch. 11. An Act to explain and amend the Act
of Assembly, 47 Geo. 3, ch. 1. (28th February, 1845.) THEREAS, in and by an Act of the General Assembly of
these Islands, entitled “ An Act for consolidating the several Acts for regulating elections, and the qualifications of members of the Legislative Council of these Islands, and for ascertaining and describing the limits and bounds of the several islands and districts within this Government which send representatives to the Council, and for other purposes therein mentioned," it is enacted that no person who shall be elected a member of the Council of the said islands, for any island, district, or place within the same, shall sit or vote 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 effect the same, of the value of one thousand pounds, of the then currency of the said islands, or who shall not be proprietor of fifty acres of land under cultivation within these islands free from all legal incumbrances : And whereas, the said qualifications, or either of them, may be possessed by a member of the said Council at the period of his election, and at the time of taking and subscribing the oath of qualification as required by the said Act, and the same may be subsequently lost, and yet such member might continue to sit and vote therein, notwithstanding such loss of qualification: And whereas, it is essential to the proper obseryance and fulfilment of the said enactments, and the due preservation and maintenance, purity, credit, and lawful authority, and the constitutional rights and privileges of the said Council, that the persons elected to be members thereof should possess one of the prescribed qualifications as well during the whole period that they shall retain their seats therein as at the first assumption of the same, May it, &c., That every member of the said Council, at the commencement of every session of this, or any future Council before any other business shall be entered upon, or in case of members who may not be present at the opening or commencement of any such session, or who may be elected members thereof during the continuance of such session, on the first day of every such member's attendance, before such member shall take his seat, shall deliver to the Chief Clerk of the said Council, a statement in writing, setting forth the nature of the qualification under which he is entitled to sit and vote in the said Council, and if such qualification consist in the whole or in part of real estate, a description of such estate and where situato, together with a decla
Enacts that members at the commence ment of every Session shall deliver to the Clerk a statement of their respective qualifications.