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ration thereto subjoined, and subscribed by the member making the No. 10. same, in the presence of the said clerk, that the ready money value Act 8 Vic. of such real or personal estate, or of both combined, as the case c. 11. may be, is, or are to the date of such declaration, sufficient to qualify such member to sit and vote in the said Council, according to the tenor and true meaning of the law in this respect, over and above the amounts of all judgments and mortgages affecting the same, and the said statements and declarations shall be filed by the said clerk, and be open to the inspection of the members of the said Council during the sittings thereof.

II. That if the qualification of any member shall be at any time Mode of proquestioned by any other member, or by any three or more electors ce

qualification is of the island, district, or place represented by such member by :

der by questioned. petition to the said Council, he may be required to show by the proofs hereinafter mentioned, to a select committee of five members of the said Council appointed for that purpose at the commencement of every session, the sufficiency of such qualification, and if such members shall fail to establish the same to the satisfaction of the said Council, or if in case of personal estate forming any part of such qualification, it shall be found that there is standing against such member in any Court of Record within these islands, one or more unsatisfied judgment or judgments, and the same shall not be liquidated and cancelled within ten days after notice shall have been given to this effect to such member, he shall be deemed disqualified, and his seat shall be declared vacated. Provided, however, that no member shall be liable to have his qualification questioned, or be required to prove the sufficiency thereof more than once in the same session, except in case of the bankruptcy or insolvency of such member, when upon proof of the fact of such bankruptcy or insolvency, of which the adjudication of the proper Court shall be deemed sufficient evidence, the seat of such member shall be declared vacated.

III. That the value of real estate of any kind shall be the pre- Mode of assent market value of such estate in money, certified by the signa- certaining vature of two local magistrates, or of one magistrate and three free

Pro lue of estate

and property holders of the island, settlement, or district in which, or nearest to of members of which, the same may be situated, corroborated by the certificate of Council. the Surveyor-General of lands—and shall afford the requisite qualification, after deducting from such certified value all and singular the judgments, mortgages, or other legal incumbrances, if any, affecting the said estate--and that the value of personal estate may be proved by the production of any lawful securities for money held in the name of, or payable to, or for the use of, the person producing the same, or by the renewal of the oath of qualification in the Council, and that the qualification of fifty acres of land under cultivation shall be understood to mean that the entire quantity is cultivated in the production of some marketable agricultural produce or edible provisions, which fact shall be certified as hereinbefore required in reference to the value of real estate.

IV. That upon, and from and after, the dissolution or termi- The qualifination of the present General Assembly, so much of the eleventh cation for 50 section of the hereinbefore recited Act as relates to the qualifica- under 47 Geo tion for a member of the Council of “Fifty Acres of land under 3, ch. 1, is recultivation within these islands, free from all legal incumbrances," pealed. shall be and remain repealed.

No. 11.

No. 11.-ORDINANCE No. 1, 1858. Ord. No. 1, 1858. An Ordinance for regulating the Registration of Persons entitled to

vote at the Election of Members to serve in the Council of the Turks and Caicos Islands ; and for otherwise amending the Election Laws of the Colony. (Passed March 18th, 1858.

Confirmed August 10th, 1858.) PREAMBLF. W HEREAS it is expedient to form a register of all persons

entitled to vote in the election of a member or members to

serve in any future Council of these islands; May it, &c. In October in I. That in the month of October in each and every year, alphaevery year lists betical lists according to the form in the Schedule to this Ordiof Voters to be

nance annexed, shall be made out in each election district of the made out.

colony, of persons entitled to vote in every such district at the election of a member or members to serve in the Council of these islands; and every such list when so completed, shall be signed by the person making the same, who shall cause three copies to be made and to be fixed up in some public and conspicuous situation within the district, or portion of the district, for which any such list is made, for fourteen days next after the last day of October ; during which said fourteen days it shall be lawful for any person qualified to vote at any such election to object to any person whose name shall appear in such list; and upon notice of such objection being given within the time aforesaid to the party by whom such list was made, he shall forthwith write against the name of the person objected to the words “ Objected to by A. B.” And it shall be also the duty of the person by whom any such list is made out as aforesaid, if he shall have reasonable cause to believe that any person whose name is inserted in such list is not entitled to vote at the election of a member for the district for which the list is made out, to write the words “ Objected to” against the name of every such person. And if any person shall wilfully deface, obliterate, destroy, or remove any list put up under the authority of this Ordinance, he or they shall, upon conviction before any two of Her Majesty's Justices of the Peace, be committed to any lawful prison within these islands, there to be kept to hard labour for &

term not exceeding seven days. Lists to be com- II. That it shall be the duty of the persons by whom such lists pleted as soon are made out as aforesaid, to return and deliver the same as soon as may be after as may be after the fourteenth day of November in each and every 14th November.

year, to the persons hereinafter respectively authorized to have the

custody of the same. Custody of III. That the Provost Marshal of the Colony shall have the Lists. custody of the lists for Grand Cay. And it shall be lawful for the

President or other Officer administering the Government, to appoint at cach of the other election districts of the colony, some person being a resident Justice of the Peace of the district, to have custody of the lists of the election districts in which he is so resident; and if no Justice of the Peace be so resident, to appoint

some other fit person for the purpose. Lists to be IV. That the lists so made out as aforesaid, shall be revised at revised. .

Grand Turk by the Police Magistrate, and two other Justices of

the Peace, and at the several other election districts of the colony, No. 11.
by two Justices of the Peace to be annually nominated for that Ord. No. 1,
purpose by the President or other Officer administering the Go 1858.
vernment of the Colony; and such Justices shall hold their meet-
ings for such revisions as soon as practicable after the fifteenth day
of November in each year, and shall have power to adjourn their
sittings from time to time from any one place to any other place
within the same election district; which sittings shall remain open
for at least three successive days, for the purpose not only of
deciding on objections but for receiving and deciding on claims;
and it shall be the duty of such revising Officers to add to such list
the name of every person on whose behalf a claim shall be made to
be inserted therein, and whose right as a voter shall be established
to their satisfaction. Provided always that every such revision
shall be concluded before the thirty-first day of December in each
year.

V. And whereas the only persons legally qualified to vote at an Qualification of
election of members of Council are taxpayers of the age of twenty- Voters
one years who can read and write ; and it is expedient that the
words “read” and “write" should be defined and their meaning
rendered certain ; Be it therefore ordained, that no person shall
be considered to be able to read and write so as to be qualified to
vote as aforesaid, unless he be able to read readily a sentence taken
casually from this or some other Ordinance of this colony, and to
reduce the same into writing in a legible manner.

VI. And whereas doubts have arisen as to the length of resi- Same. dence in any district of the Colony required to give any taxpayer a vote for such district; Be it ordained, that it shall be necessary for every person claiming to vote at any election within these islands, to have been resident within the district for which he so claims to vote, for at least six months immediately preceding such election. Provided that nothing hereinbefore contained shall be construed to prevent any such person from voting on account of a temporary absence from the usual place of abode of such voter.

VII. That no person except native British Subjects or Foreigners Same. duly naturalized, shall be qualified to vote at any election within these islands. Provided however, that this restriction shall not be held to apply to persons of African birth who have resided seven years within the Colony. VIII. That whenever such lists shall be revised as aforesaid, To whom re

vised lists to they shall be returned to the custody of the person authorized as y

be returned. aforesaid to retain the revised copy thereof.

IX. That on receipt of every revised list or lists as aforesaid, or Copies to be when any such list or lists shall not require revision, on receipt of made. the original list or lists, the officer in whose custody the same is deposited as aforesaid, shall forthwith cause the same to be fairly and truly copied into a book to be provided for that purpose at the public expense; and every such book shall be deemed the register of the electors to vote at the choice of a member or members to serve in the Council for the district to which such register shall relate at any election which may take place during the year next succeeding the year in which such lists shall have been made out and revised or made out without revision, as the case may be.

body of woh Any inhabitant X. That the persons having respectively the custody of such

may inspect registers shall permit any person being an inhabitant of these lists.

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No. 11. islands to inspect such registers, as also the original lists from Ord. No. 1, which such registers are formed, at all convenient hours and with1858. out fee, and also furnish copies thereof to any person requiring the

same upon being paid therefor at the rate of sixpence per folio for every folio of ninety words. And it shall be the duty of each of the persons to whom the custody of such lists shall be committed, to transmit a certified copy of every revised registration list of

voters which in virtue of this Ordinance shall in future be lodged Lists to be

with him, to the Provost Marshal of the colony within one month lodged with Provost Mar

from the receipt thereof by such person after the same shall have shal.

been revised. By whom

XI. That the said lists shall for the present year be made out as original lists to soon as possible after this Ordinance shall come into operation by be made out for persons to be appointed for that purpose by the President or present year.

Officer administering the Government of the Colony. And it shall be the duty of every such person to place upon the list for the district for which he is acting, the name of every person whom he has reasonable cause to believe, after diligent inquiry for that purpose made, is entitled to vote at the election of a member or members to serve for such district in the Council of these islands. And such lists when made up shall be made public in manner herein before directed for the period of fourteen days, and shall then be delivered to the person appointed to have the custody of such lists. And it shall be the duty of the persons hereinbefore appointed to revise the lists of voters, to revise the lists for this present year without delay, giving public notice of the time and place of such revision, and three days shall be allowed during which any objections made to any person whose name shall appear on any such list shall be heard and determined, after which the revised lists shall be returned to the party appointed to keep the same, and each revised list shall be copied into a book to be provided for that purpose, and shall be deemed to be a register of persons qualified to vote at any election for members of Council of

these islands which may be held during the present year. By whom lists XII. That the lists for each year succeeding the present year, to be made out shall be made out by the Chief Constable of the district or other in succeeding

fit and proper person to be appointed by the President or Officer years.

administering the Government for the time being: And it shall be the duty of every such constable or other person to place upon such list the names of all persons whose names appear on the register then in force, and who are then living, and also the names of all other persons who shall make claim to have their names in

serted in any such list. None but the

XIII. That it shall not be lawful for the returning officer at votes of registered voters

any election of a member or members to serve in any future allowed.

Council, to receive the vote of any person or persons whose name

shall not be on the register in force at the time of such election No scrutiny for the district for which such election is held; nor shall any allowed.

scrutiny be held after any such election : Provided always, that Proviso.

every person whose name shall have been omitted from any register of voters in consequence of the decision of the Justices revising the list or lists from which such register shall have been formed, or who having claimed to have his name placed on such list, such name shall have been omitted by the person making out such list, may tender his vote at any election at which such register shall be

point Polling

in force, stating at the time the name or names of the candidato No. 11. or candidates for whom he tenders such vote, and the returning Ord. No. 1, officer shall forthwith make a memorandum on the back of the 1858. poll list of every vote so tendered.

XIV. That upon petition to the Council complaining of an Correctness of undue election or return of any member or members to serve in the Register may be said Council, any petitioner, or any person defending such election impeached on or return, shall be at liberty to impeach the correctness of the re

Petition to the

Council. gister of voters in force at the time of such election, by proving that the name of any person who voted at such election was improperly inserted or returned in such register, or the name of any person who tendered his vote at such election improperly omitted from such register; and the Council or any committee appointed to investigate into the allegations of any such petition shall alter the poll taken at such election according to the truth of the case ; and the return shall be amended, or the election declared void, as the case may be ; and the register corrected accordingly, or such other order shall be made as to the Council shall seem proper.

XV. That it shall be lawful for the President or Officer admi- President and nistering the Government of the colony for the time being, by and Execu

Council to apwith the advice and consent of Her Majesty's Executive Council, whenever and as often as it shall appear expedient so to do, to places. divide any election district into two or more divisions for polling. Provided always, that whenever any district is so divided, public notice of such division shall be forthwith given in one or more of the public newspapers of the colony; and provided also that when any polling division has been created as aforesaid, it shall for ever thereafter remain as a polling division of the district to which it belongs.

XVI. That every election to be held for a member or members Deputies apto serve in any future Council for any district divided under the pointed to take

Polls for Elecprovisions of this Ordinance, the officer to whom the writ of elec

tions. tion is directed, shall appoint a fit and proper person as deputy for each division of his district other than the division for which such officer shall intend himself to hold the polls; and polls shall be opened at each division as aforesaid on the same day, and shall continue open during the time prescribed by law; and upon the closing of such polls the number shall be summed up, but no declaration made until the several poll lists shall have been delivered to the officer to whom the writ for holding the election is directed, when such 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 voters polled for each; and shall then annex the poll list and other proceedings of such election to the precept or writ whenever he shall make return of the candidate or candidates having the majority of votes.

XVII. That for preparing the annual List of Voters the person Remuneration drawing up the same shall be entitled to receive from the public for making Treasury, a sum at and after the rate of Ninepence per folio of Lists. ninety words; and for recording the revised lists the party to whom the custody of such lists is committed, shall be entitled to receive at the rate of Sixpence per folio, and the same for copies furnished to the Provost Marshal under this Ordinance. Provided always, that every demand for remuneration for such services shall be accompanied by the certificate of the Provost Marshal that the

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