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Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
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STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00127
 Material Information
Title: Leeward Islands gazette
Physical Description: reels. : ;
Creator: Leeward Islands (West Indies)
Publisher: Gov. Printing Office
Place of Publication: Antigua
Publication Date: 1872-
 Subjects
Subject: Politics and government -- Periodicals -- Leeward Islands (West Indies)   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: 1- , 1872-
General Note: Two pages per frame.
General Note: Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
 Record Information
Bibliographic ID: UF00076863
Volume ID: VID00127
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001724221
notis - AJD6739
 Related Items
Succeeded by: Antigua, Montserrat and Virgin Islands gazette

Table of Contents
    Main
        Page 13
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        Page 15
        Page 16
    Antigua - Bill: Electricity, Ice and Cold Storage (Amendment) Ordinance, 1952
        Page A-1
        Page A-2
    Montserrat - Ordinance, No. 1 of 1952: Montserrat Constitution and Electrons Ordinance, 1952
        Page B-1
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    Antigua - Statutory Rules and Orders, No. 2 of 1952: Ports of Entry (English Harbour) (Amendment) Order, 1952
        Page C-1
Full Text









E LEEWARD ISLANDS


GAZETTE

Sublisbet be flittvoriTB.


THURSDAY, 31sT JANUARY, 1952


No. 6.


Notices.


BRITISH HONDURAS
SUGAR QUOTA.



The Commission which visited
British Honduras in 1949 under the
Chairmanship of S ir GEOFFREY
EVANS, included amongst the projects
which they b believed could be
embarked on by private enterprise
with every prospect of success, one
for the expansion of sugar production.
Briefly the proposal was based on a
target of 30.000 tons of sugar per
annum in the first instance. The
scheme involved :

(a) the cultivation of about
20.000 acres of which 12,000
would be under cane at any one
time; and

(b) the construction of a cen-
tral sugar, factory of 30,000 ton
capacity.
The Commission estimated that the
capital outlay required would be
about 3.,00.000 on both (a) and ()).
This estimate is by no means firm
and in s, far as cultivation is con-
cerned is based on the assumption
that it will be necessary to provide
for a labour force of 7,500 labourers.
2. Subsequent to the issue of the
Commission's report, British Hon-
duras was allocated a quota of 25,000
tons of sugar under the Common-
wealth Sugar Agreement, to which
we will have the right to accede up
to 1953. Also since the Commission's
recommendations were made the
Ministry of Food price has advanced
from 27 5. 0. per ton to 38 12. 6.
per ton.
3. These two factors will have
greatly enhanced the attraction of
this project from a commercial point
of view.

4. Sugar cane is at present grown
over approximately 2,000 acres in the
Corozal district and production of
sugar is limited by the capacity of
the small factory which already
exists. The Government of British
Honduras is anxious to encourage
private enterprise to ex p a n d the
Industry and will be prepared to


assist in the undertaking by the
following means:-
(a) Land. There is a belt of
Crown Land stretching over
about twenty miles from Patch-
chakan to San Victor in the
Louisville area which contains at
least 15,000 acres of suitable
agricultural land. No detailed
soil survey has been undertaken
on this land but the report of
Mr. C. F. CHARTER on the Soils
of British Honduras indicates it
would be suitable for sugar.
This comprises most of the west-
ern belt recommended by the
Evans Commission as good sugar
cane growing land. South and
south-east of this are two proper-
ties at present in private owner-
ship which contain a further
2,000 acres of suitable agricul-
tural land.

Crown Land is at present
being made available in the case
of approved projects on long
lease (up to 99 years), at a
peppercorn rental plus land tax
at rates which would be paid if
the lessee owned the land.

(b) Customs. Under Statutory
Instrument No. 53 of 1949,
approved undertakings may be
permitted to import all capital
equipment and plant etc. free of
customs duty.

(c) Income tax. Under Statu-
tory Instrument No. 53 of 1949,
approved undertakings are per-
mitted to deduct full capital
expenditure from chargeable
income at the rate of 50% in the
first year and 10% in the next
five years.

5. Enquiries may be directed to
the Development Commissioner,
Belize.
Ref. No. 1/00097.


It is notified for general informa-
tion that as from the 28th November,
1951, Mr. RAYMOND JOSEPH USHER
has been appointed honorary British
Vice-Consul a t Puerto Barrios,
Guatemala, in succession to Mr. A.
PAPADOPOLO.

Colonial Secretary's Qffice,
Antigua.
23rd January, 1952.
Ref. No. 19/00001.


It is notified for general informa-
tion that under the provisions of
Section 3 (1) (c) of the Montserrat
Mklwifery Ordinance, 1951, His
Excellency has approved of the
appointments of the following per-
sons to be members of the Midwives
Board for the Presidency of Mont-
sarrat from the 25th January, 1952:-
Dr. R. E. BROWNE;
Mrs. R. H. LOCKHART; and
Mrs. M. HOWES.

The &'crla riat,

Antigua,
25th January, 1952.
Ref. No. 51/00089.

The Administrator of Antigua
records with regret the death on the
25th January, 1952, of Mr. C. E.
DE SILVIA, Inspect o r of Works,
Public Works Department, Antigua.


BY THE COMMISSIONER OF THE
PRESIDENCY OF MONTSERRAT.

A PROCLAMATION.

CHARLESWORTH Ross,
Commissioner.
WHEREAS by section 26 of the
Montserrat C institution and Elections
Ordinance, 1952, it is provided lhat
there shall be a general election at
such time, within four weeks of the
coming into operation of tie said
Ordinance as the Commissioner shall
by proclamation appoint:
AND WHEREAS the said Ordi-
nance came into operation on the
30th day of January, 1952:

NOW THEREFORE, I, CHARLES-
WORTH ROSS, Commissioner of the
Presidency of Montserrat, do by this
my proclamation appoint that there
shall be a general election on the 20th
day of February, 1952.
AN D all His Majesty's loving
subjects in the said Presidency and
all others whom it may concern are
hereby required to take due notice
hereof and to give their ready
obedience accordingly.
Given at the Commissioner's Office,
Montserrat, this 31st day of
January, 1952, in the sixteenth
year of His Majesty's reign.
GOD SAVE THE KING!
Ref No. 47/00160.


-32V-7.17

,'-4/ 7-


~









THE LEEWARD ISLANDS GAZETTE.


[31 January, 1952.


Statement of Currency Note
Circulation in the British
Caribbean Territories (East-
ern Group) on 1st January,
3952.

Average Circulation during Novem-
ber, 1951-
Br. Caribbean Notes $27,420,633
Gov't Currency Notes Not available.


Briti h Caribbean Notes:-


Tri lidlad
Barbados
Brcish Guiana
Leeward and
Windward Island


$
... 15,875,000
.3,949,000
8,676,000


4,743,000


Total Br. Caribbean
Currency Note
Circulation .. 33,242,000
Trinidad Government
Note Circulation ... 6,0;4,852
Barbados Govirnment
SNote Circulation ... 768,840
Br. Cniinna Govern-
ment Note Circulation 2,665,600


Total Government
Note Circulation

Total Circulation on
1. 1.52.


... 9,499,292


... 42,742,292


L. SPENCE,
Executive Commissioner,
British Caribbean
Currency Board.

The British Cariibbean
Currency Board,
Treasury Chambers,
Port of Spain.
Tri idad. B. IV.T.



Workmen's Compensation Act.


The attention of persons in Antigua
empl ying Workmen, as defined by
the Workmen's Compensation Act,
1('37, is directed to the notice dated
2;th December, 1950, published in
the Leeward Islands Gazette on the
4th January, 1951, whereby such per-
sons are required to render, on or
before the 15th day of February in
every year to the Labour Commis-
sioner, a correct return in respect of
the preceding calendar year specify-
ing:-

(a) The total number of injuries
to workmen during the year in
respect of which compensation has
been paid.
(b) The number of fatal injuries
included under (a).

(c) The total amount paid in full
settlement of claim for compensa-
tion in respect of non-fatal injuries.

(d) The total amount paid to
dependants in respect of fatal in-
juries.


(e) The number of non-fatal in-
juries which have been classified as
of a permanent nature.

(f) Full details respecting any
payment of compensation being
made on account of temporary dis-
ablement under section 4 (i) (d).

Administrator's Office,
Antigua,
15th January, 1952.

Ref. No. A. 47/8.



CONFIRMATION OF ORDINANCES.


No. 9.

The Secretary of State for the
Colonies has informed the Governor
that the KING will not be advised to
exercise his power of disallowance of
the undermentioned Ordinances:-

Antigua.

No. 8 of 1951, "The Development
(Cotton Ginnery and Electricity)
Loan Ordinance, 1951 ".
Ref. No. 47/00158.
ilontserrat.

No. 11 of 1951, "The Appropria-
tion (1952) Ordinance, 1951."



No. 10.

The Governor has been pleased to
assent to the ndermentioned Ordi-
nance:-

Mlontserrat.

No. 1 of 1952, The Constitution
and Elections Ordinance, 1952."
Jan. 30


No. 11.


The following Bill which is to be
introduced in the Legislative Council
of Antigua, is circulated with this
Gazette and forms part thereof:-
"The Electricity, Ice and Cold
Storage (Amendment) Ordinance,
1952."


No. 12.

The following Ordinance and Sta-
tutory Rule and Order are circulated
with this Gazette and form part
thereof:-
ORDINANCE.

Montserrat.

No. 1 of 1952, "The Montserrat
Constitution and Elections Ordinance,
1952."


STATUTORY RULE & ORDER.

Antigua.

No. 2 of 1952, The Ports of Entry
(English Hfarbour) (Amendment)
Order, 1952."



REGISTRAR GENERAL'S OFFICE,
ANTIGUA.

In accordance with the provisions
of Section 16 of the Marriage Ordi-
nance, 1923, the following Buildings
have been registered in the Presidency
of Antigua as Buildings where Banns
of Marriage mIny be published:-

The Advent Sabbath Church at
Sea View Farm Village.

The Advent Sabbath Church at
Freetown Village.

The Advent Sabbath Church at
Newfield Village.

Dated this 29th day January, 1952.

N. A. BERRIDGE,

Registrar- General.



RAINFALL FIGURES.

Central Experiment Station,

Antigua.


Jan. 26


1948. 1949. 1950. 1951. 1952
2" 55 84 4'48 2'95 1-17


Publications issued from the

Government Printing Office,

Leeward Islands.




ORDINANCE.


Virgin Islands.

No. 1 of 1952, The Supplementary
Appropriation (1949) Ordinance,
1951." 2 pp. Price 4c.

No. 2 of 1952, The Supplementary
Appropriation (1950) Ordinance,
1951." 2 pp. I-rice 4c.


STATUTORY RULE & ORDER.

Antigua.

No. 1 of 1952, "The Export Duty
Order, 1952." 1 pp. Price 3c.








31 January, 1952.] THE LEEWARD ISLANDS GAZETTE. 15
TRADE MARKS OFFICE,
ANTIGUA, 24th January, 1952.

PHILIP MOZRIS & CO. LTD., INCORPORATED, of 100 Park Avenue, New York, State of New York,
United States of America, have applied for Registration of two Trade Marks consisting of the following:-


SPHILIPr MR IS






2.


r ,If ." T B L IS.- I ;A 100 Y o AR '
ESEL IA0 US &C .
ACTT:IE.D F1') A I %(1
yf 09L L .J .. .p, .. -. .,- ... .. ..



A.'s. pF.:! ON r, -- l SPECIAL BLEND ... .-.-- .-
o '. i F oC .. o" .-- ',. e- -
H PH111P MORRIS i CO ..TDINC 0w YORK
G- .-- D IN .. -. -

.-" .... PH... o ILIP 1ORRIS... -
.MAPK IN U..A.



in Class 45

The Applicants claim that they have used the said Trade Marks in respect of the said goods for 68 years
and 10 years respectively before the date of their said Application.
Any person may within three months from the date of the first appearance of this Advdrtisement in the
Leeward Islands Gazette, give notice in duplicate at tha Trade Marks Office, Antigua, of opposition to registration of
the said Trade Mark.

N. A. BERRIDGE,

Registrar of Trade Marks.








16 THE LEEWARD ISLANDS GAZETTE. [31 January, 1952.

In the Supreme Court of the Windward Islands and

Leeward Islands.

ANTIGUA CIRCUIT.
A. D. 1952.


NOTICE IS HEREBY GIVEN that tie Honourable the Chief Justice has appointed the undermentioned
dates for sittings of the Court at which the following causes or matters will be heard.
The hour at which the Court will sit will be 10 o'clock in the forenoon in each case.


Plaintiff.

Clarence Christian
Quinn Farara

John Isaac Martin
Robert Joseph
Serge Robert Mees


Appellant.

Geo. W. Bennett, Bryson & Co. Ltd.
John H. Moore
Stanley R. Walter


Defendant.
Irene Stephenson
Vere Cornwall Bird, Lionel Hurst, Levi
Joseph, John Ireland & Randolph Lewis
Eardley Brown
Charles Richards
Joseph Dew & Son Ltd.
Appeals.
Respondent.
Commissioners of Income Tax


Dated this 14th day of January, 1952.


Date.


11th February, 1952

14th February, 1952
18th February, 1952
18th February, 1952
18th February, 1952


Date.


16th February, 1952
16th February, 1952
16th February, 1952

N. A. BERRIDGE,
Registrar.


In the Court of Summary Jurisdiction of the Windward

Islands and Leeward Islands.

ANTIGUA CIRCUIT.
A.D. 1952.


NOTICE IS HEREBY GIVEN tiat the Honourable the Chief Justice has appointed the undermentioned
dates for sittings of the Court at which the following causes will be heard.
The hour at which the Court will sit will be 10 o'clock in the forenoon in each case:-


Plaintiff.

Manuel Dias
Melvin Spencer
Antigua Syndicates Estates, Ltd.
Quinn Farara
Warneford Emanuel
Jinks Einstein Walter (by his next
friend Marietta Walter)


Defendant.


Ashley Brown
Sydney Williams
William Casey
Walter Johnson
Murphy Emanuel
Iola Bryant (alias Baby Bryant)


Dated this 14th day of January, 1952.


Date.


7th February, 1952
7th February, 1952
7th February, 1952
7th February, 1952
7th February, 1952
11th February, 1952


N. A. BERRIDGE,
Registrar.


ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN,
Government Printer-By Authority.
1952.


[Prtce 90 ent&~








No. of 1,952. Electricity, Ice and Cold ANTIGUA.
Storage (Amendment).












ANTIGIUA
No. of 1952.
An Ordinance to amend further the Electricity, Ice
and Cold Storage Ordinance, 1948, (No. 1, of
1948).
BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-
1. This Ordinance may be cited as the Elec- short Title.
tricity, Ice and Cold Storage (Amendment)
Ordinance, 1952, and shall be read and construed
as one with the Electricity, Ice and Cold Storage 11i94s.
Ordinance, 1948, as amended, (hereinafter called 9/1948,
the Principal Ordinance).
2. Section 4 of the Principal Ordinance is Amendment
hereby amended by the addition of the following Ordiiance.
subsection at the end thereof-
"(7) It is hereby declared that member-
ship of the Board, whether with or without
remuneration or other allowance, shall not be
a public office within the meaning of the
Antigua Constitution and Elections Ordinance,
1951. 101191.

President.
Passed the Legislative Council the day
of 1952.


Clerk of the Council.









Electricity, Ice and Cold
Storage (Amendment).


No. of 1952.


OBJECTS AND REASONS.


The Object of this Bill is to amend the
Electricity, Ice and Cold Storage Ordinance, 1948,
so as to provide that membership of the, Antigua
Electricity Board shall not be regarded as a public
office within the meaning of the Antigua Constitu-
tion and Elections Ordinance, 1951.
2. In the absence of such a provision, if any
unofficial member of the Legislative, Council were
to accept appointment on the Board his seat in
the Council would be liable to become vacant
under the provisions of section 12 (3) (f) of the
Antigua Constitution and Elections Ordinance,
1951.

C. A. KELSICK,
Crown Attorney.






















A NTIGUA.
Printed at the Government Printing Office. Leeward Islands,
by E. M. B uACKMAN, Government Printer.-By Authority.
1952.


ANTIGUA. 2


A 47175--1.52.


[Price 4 cents.]






Montserrat Constitution and Elections.


[L.S.]
I ABSENT,
K. W. BLACKBURNE,
Governor. (J FLu" /
30th January, 1952. ,






MONTSERRAT.

No. 1 of 1952.
An Ordinance to reconstitute the Legislative
Council of the Presidency and to provide for
the registration of persons entitled to vote at
elections of members of such Council and to
regulate the procedure at such elections and
for other purposes in connection with the
matters aforesaid.
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
PART I.
PRELIMINARY.
1. This Ordinance may be cited as the Short title.
Montserrat Constitution and Elections Ordinance,
1952.
2. (1) In this Ordinance, unless the context Interpreta-
otherwise requires- tion.
"Commissioner" means the person for the
time being holding the office of Commis-
sioner of the Presidency and includes
every person for the time being acting as
such in his stead;
"Council" means the Legislative Council of
the Presidency;
"Deputy President" means the member of
the Council elected by the Council in
S accordance with the provisions of section
19 of this Ordinance;



S.r 72' (C AP'


No. 1 of 1952.


MONTBuRRAT,







MoxTSERssT. 2 Montserrat Constitution and Elections. No. 1 of 1952.

"dollars means dollars in the currency of
the Colony;
election means an election of a member or
members to the Council;
"election officer" includes a returning officer,
every presiding officer, poll clerk or
other person having any duty to perform
pursuant to this Ordinance, to the faith-
ful performance of which duty he may
be sworn';
"electoral district" means an electoral district
as constituted under section 36 of this
Ordinance;
Governor" means the Governor and Com-
mander-in-Chief for the time being of the
Leeward Islands and includes every
person for the time being administering
the Government of the Leeward Islands
and, to the extent to which a Deputy for
the Governor is authorised to act, that
Deputy;
list of voters means the first list of voters,
or the Register of Voters or the official
list of voters, as herein defined, as the
context requires;
"meeting" means any sitting or sittings
of the Council commencing when the
Council first meets after being summoned
at any time and terminating when the
Council is adjourned sine die or at the
conclusion of a session;
minister of religion" means any person in
holy orders and any other person the
functions of whose principal occupation
include teaching or preaching in any con-
gregation for religious worship;
poll book" means the book in the form
Form No. 16. set out as Form No. 16 in the Second
Schedule in which the name and other
particulars of every person applying to
vote are consecutively entered by the poll
clerk as soon as the applicant's right
to vote at the polling station has been
ascertained and before any siUch applicant
is allowed to vote;







No. 1 of 1952. Montserrat Constitution and Elections, 8 MoNTs 3anA.


" polling day means the day fixed for hold-
ing the poll at an election;
"polling division means any polling division
constituted in accordance with the provi-
sions of section 37 of this Ordinance;
polling station means any room secured by
the returning officer for the taking of the
votes on polling day;
proclamation means a written or printed
notice under the hand of the Governor or
the Commissioner, as the case may be,
published by his order in the Presidency;
"public office means, subject to the provi-
sions of subsection (3) of this section,
any office of emolument in the public
service or any office of emolument under
a municipal corporation within the
Presidency;
public officer" means the holder of any
public office and includes any person
appointed to act in any such office;
public service" means the service of the
Crown in respect of the Government of
the Presidency or of the Colony;
"rejected ballot paper means a ballot paper
which has been handed by the presiding
officer to a voter to cast his vote but
which at the close of the poll has been
found in the ballot box unmarked or so
improperly marked that in the opinion of
the returning officer it cannot be counted;
"returning officer" means, in relation to an
electoral district, the officer appointed by
the Commissioner in that behalf under
section 39 of this Ordinance;
" revising officer means the person appointed
by the Commissioner for the purpose of
revising and settling the list of voters for
one or more electoral districts under this
Ordinance;







SONT~BrsAT. 4 Montserrat Constitution and Elections. No. 1 of 1952.

"Schedule" means Schedule to this Ordi-
nance;
"session means the meetings of the Council
commencing when the Council first meets
after being constituted under this Ordi-
nance, or after its prorogation or dissolu-
tion at any time, and terminating when
the Council is next prorogued or is
dissolved without having been prorogued;
"sitting" means a period during which the
Council is sitting continuously without
adjournment, and includes any period
during which the Council is in Committee;
"spoiled ballot paper" means a ballot paper
which, on polling day, has not been
deposited in the ballot box but has been
found by the presiding officer to be soiled
or improperly printed, or which has been
handed by the presiding officer to a voter
to cast his vote, and-
(a) has been spoiled in marking
by the voter; and
(b) has been handed back to the
presiding officer and exchanged for
another;
"voter" means any person who votes or is
entitled to vote at an election;
writ" means the writ for an election.
(2) References in this Ordinance to His
Majesty's dominions shall have effect as if they
included references to all British protectorates and
British protected states and to all territories admin-
istered by the Government of any part of His
Majesty's dominions under the trusteeship system
of the United Nations.
(3) For the purposes of this Ordinance a per-
son shall not be considered to hold a public office
by reason only that he is in receipt of a pension or
other like allowance in respect of service in any
such office; and if it shall be declared by any law
in force in the Presidency that an office shall not








No. 1 of 1952. Montserrat Constitution and Elections. 5 MONTSRRarT.

be a public office for all or any of the purposes of
this Ordinance, this Ordinance shall have effect
accordingly as if such law were enacted herein.

(4) This Ordinance shall be construed-

(a) as if subsection (1) of section 1 of
the India (Consequential Provision) Act, 1949, 12, 13 & 14
applied to it in the same way as that subsec- Geo. 6 o. 92.
tion applies to laws in force on the date
mentioned in that subsection; and


(b) as if subsection (2) of section 3 of
the British Nationality Act, 1948, (as inter-
preted by subsection (1) of section 3 of the
Ireland Act, 1949) and subsection (2) of
section. 3 of the Ireland Act, 1949, applied to
it as those subsections apply to laws in force
at the date of the commencement of those Acts
respectively.
PART II.

CONSTITUTION AND POWERS OF COUNCIL &C.

3. As from the date of the coming into
Operation of this Ordinance the Legislative
Council of the Presidency now subsisting and all
and every privileges of that body shall cease and
determine absolutely, and in place of the said
Council there shall be in and for the Presidency
a Council which shall be constituted in such manner
and have such powers as are provided in this
Ordinance.

4. The Council shall consist of the Commis-
sioner, two e.c-officio members, two nominated
members and five elected members.


11 & 12 Geo.6.
c. 66.
12 & 13 Geo. fi.
c. 41.


Abrogation of
existing Coun-
cil and consti-
tution of new
Legislative
Council.





Composition
of Council.


5. The ex-oficio members of the Council Ex-officio
shall be the Crown Attorney and the Treasurer of members.
the Presidency.'

6. (1) Subject to the provisions of section Nominated
11 of this Ordinance the nominated members of members.
the Council shall be British subjects of the age of
twenty-one years or upwards and shall be appointed
by the Governor by Instrument under the Public
Seal of the Presidency.








MONTSERRAT. 6 Montserrat Constitution and Elections. No. 1 of 1952.

(2) The Governor shall forthwith report to
His Majesty through a Secretary of State every
appointment of any person to be a nominated
member of the Council.


7. The elected members of the Council shall
be persons qualified for election in accordance with
the provisions of, and elected in the manner
provided by, this Ordinance.


Precedence of 8. After the Commissioner, the ex-officio
ex-ofro members of the Council shall take precedence as
His Majesty may specially assign, and in default
thereof-
Firstly, such members in the order in
which they are referred to in section 5 of this
Ordinance;
Secondly, persons temporarily appointed
under section 16 of this Ordinance to fill
vacancies in the number of persons sitting in
the Council as ex-officio members in such order
as the Governor may assign.


9. (1) The Commissioner may summon to
the Council any public officer, notwithstanding that
such officer may not be a member of the Council,
when in the opinion of the Commissioner the busi-
ness before the Council renders the presence of such
officer desirable.

(2) Any public officer so summoned shall be
entitled to take part in the proceedings of the
Council relating to the matter in respect of which
he was summoned but shall not thereby become
a member of the Council and shall not have the
right to vote in the Council.
10. Subject to the provisions of section 11
of this Ordinance, any person who-
(a) is a British subject of the age of
twenty-one years or upwards; and
(b) has resided in the Presidency for a
period of twelve months immediately preced-
ing the date of his nomination for election, or
is domiciled in the Presidency and is resident
therein at the date aforesaid,


Elected mem-
bers.


Power to sum-
mon public
officer to at
tend meetings
of Council.


Qualifications
for elected
membership.







No. 1 of 1952. Montserrat Constitution and Elections. 7 MONTSEBRAT.

shall be qualified to be elected as an elected mem-
ber of the Council, and no other person shall be
qualified to be so elected or, having been so elected,
shall sit or vote in the Council.

11. No person shall be qualified to be Disqualifoa-
tions for nom-
appointed as a nominated member or elected as an inated or
elected member of the Council who-- elected mem-
bership.
(a) is, by virtue of his own act, under
any acknowledgment of allegiance, obedience
or adherence to a foreign Power or State;

(b) (i) in the case of a nominated mem-
ber, holds any public office; or

(ii) in the case of an elected member
holds, or is acting in, any
public office;

(c) is a minister of religion;

(d) is an undischarged bankrupt, having
been adjudged or otherwise declared bankrupt
under any law in force in any part of His
Majesty's dominions;
(e) has been. sentenced by a court in any
part of His Majesty's dominions to death or
to imprisonment (by whatever name called)
for a term exceeding twelve months, and has
not either suffered the punishment to which
he was sentenced or such other punishment as
may by competent authority have been sub-
stituted therefore, or received a free pardon;

(f) is disqualified for membership of the
Council under the provisions of this Ordinance;
(9) is a lunatic so found under any law
in force in the Presidency;
(h) (i) in the case of a nominated mem-
ber, is a party to, or a partner in
a firm, or a director or manager
of a company which is a party to,
any contract with the Govern-
ment of the Presidency or of the








MONTSaDRAT. 8 Montserrat Constitution and Elections. No. 1 of 1952.

Colony, for or on account of the
public service, and has not dis-
closed to the Commissioner the
nature df such contract and his
interest, or the interest of such
firm or company therein; or

(ii) in the case of an elected member,
is a party to, or a partner in a
firm, or a director or manager of
a company, which is. a party to,
any contract with the Government
of the Presidency or of the Colony,
for or on account of the public
service, and has not, within one
month before the day of election,
published in the English language
in the Gazette and in a newspaper
circulating in the Presidency, a
notice setting out the nature of
such contract, and his interest or
the interest of 'such firm or
company, therein.

Tenure of 12. (1) Subject to the provisions of this
ofe of mem Ordinance every nominated member of the Council
shah hold his seat in the Council during His
Majesty's pleasure.

(2) Every nominated or elected member of
the Council shall in any case cease to be a member
at the next dissolution of the Council after his
appointment or election, or previously thereto if
his seat shall become vacant under the provisions
of this Ordinance.

(3) The seat of a nominated or elected mem-
ber of the Council shall become vacant-

(a) upon his death;

(b) if, without the leave of the Commis-
sioner previously obtained, he shall be absent








No. 1 of 1952. Montserrat Constitution and Elections. 9

from 'three consecutive meetings of the
Council;

(r) if he shall cease to be a British
subject, or shall take any oath, or make
any declaration or ackndioledgment of allegi-
ance, obedience or adherence to any foreign
Power or State; or do, concur in or adopt any
act done with the intention that he shall
become a subject or citizen of any foreign
Power or State;

(d) if he shall be adjudged or otherwise
declared bankrupt under any law in force
in any part of His Majesty's dominions;

(e) if he shall be sentenced by a court in
any part of His Majesty's dominions to death
or imprisonment (by whatever name called)
for a term exceeding twelve months;

(f) (i) if, being a nominated member, he
shall be appointed permanently
to any public office; or

(ii) if, being an elected member, he
shall be appointed to, or to act in,
any public office;

(q) if he shall become 'subject to any of
the disqualifications specified in paragraph (c),
(f) or (y) of section 11 of this Ordinance;

(h) if he shall become a party to any
contract with the Government of the Presi-
dency or of the Colony for or on account of
the public service or if any firm in which he is
a partner, or any company of which he is a
director or manager, shall become a party to
anv such contract, or if he shall become a
partner in a firm, or a director or manager of
a company, which is a party to any such
contract:
Provided that, if in the circumstances it
shall, appear to him or them to be just so to
do, the Commissioner may exempt any nomi-
nated member and the Council may exempt


MONTSERRAT.








MONTSERRAT. 10 Montserrat Constituttun and Elections. No. 1 of 1952.
any elected member from vacating his seat
under the provisions of this paragraph, if such
member shall, before becoming a party to such
contract as aforesaid, or before, or as soon as
practicable after becoming otherwise interested
in such contract (whether as partner in a firm
or director or manager of a company) disclose
to the Commissioner or to the Council, as the
case may be, the nature of such contract and
his interest or the interest of any such firm or
company therein.
(4) A nominated or elected member of the
Council may by writing under his hand addressed
to the Commissioner resign his seat on the Council.
The seat of any such nominated member shall
become vacant upon the acceptance of his resigna-
tion by the Commissioner, and the seat of an elected
member shall become vacant upon the receipt of
his resignation by the Commissioner.
(5) If any nominated member of the Council
shall be appointed temporarily to, or to act in, any
public office, he shall not sit or vote in the Council
by virtue of his appointment as a nominated mem-
ber so long as he continues to hold, or to act in,
that office.
(6) Any person whose seat in the Council
has become vacant may, if qualified, again be
appointed or elected as a member of the Council
from time to time.

Vacancies 13. The Council shall not be disqualified for
not to prevent the transaction of business by reason of any
transaction of
business. vacancy or vacancies among the members, and any
proceedings therein shall be valid notwithstanding
that some person, who was not entitled to do so, sat
or voted in the Council or otherwise took part in
the proceedings.

Decision of 14. (1) All questions which may arise as
question to to the right of any person to be or remain
a nominated member of the Council shall he
referred to and be determined by tire Governor.
(2) All questions which may arise as to the
right of any person to be or remain an elected
member of the Council shall be referred to and








No. 1 of 1952. Montserrat Constitution and Elections. 11 MONTBERIAT.
determined by the Supreme Court in accordance
with the provisions of any law in force in the
Presidency.
15. (1) Whenever the seat of a nominated Filling of
member of the Council becomes vacant the vacan.les.
vacancy shall be filled by appointment by the
Governor in accordance with the provisions of
this Ordinance.

(2) Whenever the seat of an elected member
of the Council becomes vacant the vacancy shall
be filled by election in accordance with the
provisions of this Ordinance.

16. (1) Whenever there shall be a vacancy Temporary
in the number of persons sitting as ex-officio members.
or nominated members of the Council by reason
of the fact that-

(a) an ex-oficio member is discharging
the functions of Commissioner; or

(b) one person is lawfully discharging
the functions of both the officers referred
to in section 5 of this Ordinance; or

(c) no person is lawfully discharging
the functions of either of those officers; or
(d) an ex-officio member is declared by
the Governor by Instrument under the
Public Seal of the Presidency to be incapa-
ble of acting as a member of the Council; or

(e) a nominated member is suspended,
as provided in section 17 of this Ordinance,
from the exercise of his functions as a
member; or

(f) a nominated member is declared to
be incapable, by reason of illness, as provided
in section 17 of this Ordinance, of discharg-
ing his functions as a member; or

(g) an ex-oficio or nominated member
is absent from the Presidency; or








MONTBERRAT. 12 Montserrat Conntitution and Elections. No. 1 of 1952.
(h) a nominated member is appointed
temporarily to, or to act in, any public office,
the Governor may by Instrument under the
Public Seal of the Presidency appoint a person
to be a temporary member for the period of such
vacancy.
(2) If the vacancy is in the number of
persons sitting in the Council as ex-officio mem-
bers, the person appointed shall be a person
holding an office in the public service; and if the
vacancy is in the number of persons sitting in
the Council as nominated members, the person
appointed shall be a person qualified for appoint-
ment as a nominated member.
(3) (a) For the purposes of this Ordinance,
but subject to the provisions of this section,
a person appointed under the provisions of
this section to fill a vacancy in the number
of persons sitting in the Council as ex-officio
members shall, while his appointment sub-
sists, be deemed to be an ev-officio member of
the Council and, subject as aforesaid, the
provisions of this Ordinance shall have effect
accordingly.
(b) Every such person shall hold his
appointment during His Majesty's pleasure.
(c) The provisions of section 14 of this
Ordinance shall apply in relation to any such
person as they apply in relation to a nominated
member of the Council.
(4) For the purposes of this Ordinance, but
subject to the provisions of this section, a person
appointed under this section to fill a vacancy in
the number of' persons sitting in the Council as
nominated members shall, while his appointment
subsists, be deemed to be a nominated member
of the Council and, subject as aforesaid, the
provisions of this Ordinance shall have effect
accordingly.
(5) The Governor shall forthwith report
every appointment, made under this section to
His Majesty through a Secretary of State, and







No. 1 of 1952. Montse'rrat onsiihluion and Elections. 13


such appointment may (without prejudice to
anything done by virtue thereof) be revoked by
the Governor by Instrument under the Public
Sral of the Presidency.
(6) An appointment made under this section
shall cease to have effect on notification by the
Commissioner to the person appointed of its
revocation by the Governor, or on supersession
of the appointment by the definitive appointment
of a person to fill the vacancy, or when the
vacancy shall otherwise cease to exist.

17. (1) The Governor may, by Instrument Suspension
under the Public Seal of the Presidency, suspend nated mei-
any nominated member from the exercise of his bars.
functions as a member of the Council. Every such
suspension shall be forthwith reported by the Gover-
nor to His Majesty through a Secretary of State and
shall remain in force unless and until either it shall be
removed by the Governor by Instrument under the
said Seal or it shall be disallowed by His Majesty
through a Secretary of State and such removal or
disallowance shall be published in the Gazette, or
until the person suspended ceases to be a member
of the Council.

(2) The Governor may, by Instrument under
the Public Seal of the Presidency, declare any
nominated member of the Council to be, by reason
of illness, temporarily incapable of discharging his
functions as a member of the Council, and there-
upon such member shall not sit or vote in the Coun-
cil until he is declared, in manner aforesaid, again to
be capable of discharging his said functions.
18. The sessions of the Council shall be held Sessions of the
at such times and places as the Commissioner shall council.
from time to time by proclamation appoint.
There shall be at least one session of the Council in
every year, so that there shall not be an interval of
twelve months between the last sitting in one ses-
sion and the first sitting in the next session.
19. (1) The Council shall- Daputy Presi-
dent.
(a) at its first sitting after the coming
into operation of this Ordinance;


MONTSERRAT








MONTSERBAT. 14 Montserrat Con8titution and Elections. No. 1 of 1952.
(6) at its first sitting After any dissolu-
tion of the Council;
(c) at its first sitting after the occur-
rence of a vacancy in the office of Deputy
President from any cause other than a
dissolution of the Council,
or as soon thereafter as may be convenient,
elect a member from among the elected and
nominated members to be Deputy President of
the Council.
(2) Such person shall vacate the office of
Deputy President-
(a) upon a dissolution of the Council; or
(6) upon his ceasing to be a member
of the Council for any reason other than
a dissolution of the Council.
(3) A person shall, if qualified, be eligible
for re-election to the office of Deputy President
from time to time.
(4) The Deputy President may by writing
under his hand addressed to the Commissioner
resign his office; and, upon receipt of such
resignation by the Commissioner, the office of
Deputy President shall become vacant.
Presiding in 20. The Commissioner, if present, shall
th Council. preside at meetings of the Council, and in his
absence the Deputy President or, in the
absence of the Deputy President or if there be
no Deputy President, the ex-officio member pre-
sent who stands first in order of precedence
shall preside.
Governor's 21. The Governor shall have the right of
right esoun- addressing the Council at any time when he shall
cil. think fit.
Oath of 22. Except for the purpose of enabling this
ALegianoe. section to be complied with, no member of the
Council shall sit or vote therein until he shall have
taken and subscribed the following oath before the
Commissioner or some person authorised by the
Commissioner to administer such oath;-







No. 1 of 1952. Montserrat Constitution and Elections. 15


I, A.B., do swear that I will be faith-
ful and bear true allegiance to His Majesty
King George the Sixth, His Heirs and
Successors according to law. So help me
God !"

Provided that any person authorised by law to
make an affirmation instead of taking an oath may
make such affirmation in like terms instead of
taking the said oath.

23. No business except that-of adjournment Quorum,
shall be transacted if objection is taken by any
member present that there are less than five mem-
bers present besides the Commissioner or other
member presiding.

24. Subject to the provisions of this Ordi- Voting
nance all questions proposed for decision in the
Council 'hall be determined by a majority of votes
of those present and voting. The Commissioner or
other member presiding shall not have an original
vote on any question, but shall have a casting vote
if the votes shall be equally divided.

25. (1) The Governor may at any time, by Prorogation
proclamation, summon, prorogue or dissolve the adtion.lu
Council.
(2) The Governor shall dissolve the Council
at the expiration of three years from the date of
the return of the first writ at the last preceding
general election, if it shall not have been sooner
dissolved.

26. There shall be a general election at such General elec-
time, within four weeks of the coming into tons.
operation of this Ordinance, and thereafter within
two months after every dissolution of the Council,
as the Commissioner shall by proclamation appoint.

27. Subject to the provisions of this Ordi- Introduction
nance and the Standing Orders of the Council, any of Bills, etc.
member may introduce any Bill or propose any
motion for debate in, or may present any petition
to, the Council and the same shall be debated and
disposed of according to the Standing Orders:


7MONTHERRAT.







MnTS ukrAT. 16 Montserrat Constitution and Elections. No. 1 of 1952.

Provided that, except with the recommenda-
tion or consent of the Commissioner signified
thereto, the Council shall not proceed upon any Bill,
amendment, motion or petition which, in the
opinion of the Commissioner or other presiding
member, would-
(a) dispose of or charge any public
revenue or public funds of the Presidency or
revoke or alter any disposition thereof or
charge thereon, or impose, alter or repeal any
rate, tax or duty; or
(b) suspend the Standing Orders of the
Council or any of them.
Power to 28. Subject to the provisions of this Ordi-
ke laws. nance, it shall be lawful for the Governor, with the
advice of the Council, to make laws for the peace,
order and good government of the Presidency.
Standing 29. (1) Subject to the provisions of this
orders. Ordinance and of any Instructions under His
Majesty's Sign Manual and Signet, the Council
may from time to time make, amend and revoke
Standing Orders for the regulation and orderly
conduct of its own proceedings and the despatch of
business, and for the passing and intituling of Bills
and for the presentation thereof to the Governor
for assent; but no such Standing Orders or amend-
ment or revocation thereof shall have effect unless
and until they shall have been approved by the
Governor.
(2) Until other provision is made the Stand-
s. R. &0. 8s40. ing Rules and Orders of the Legislative Council in
force immediately before the coming into operation
of this Ordinance shall, with necessary adaptations
and modifications, be the Standing Orders of the
Council; and the said Standing Rules and Orders
may be amended or revoked by Standing Orders
made under subsection (1) of this section.
Penalty for 30. (1) Any person who-
unqualified
person sitting (a) having been elected or appointed a
or voting. member of the Council, but not having been
at the time of such election or appointment
qualified to be so elected or appointed, shall sit
or vote in the Council; or







No. 1 of 1952. Montser'at Constitution and Elections. 17 MONTSaRRAT.

(b). shall sit or vote in the Council after
his seat therein has become vacant or he has
become disqualified from sitting or voting
therein,

knowing, or having reasonable grounds for know-
ing, that he was not so qualified, or that his seat
has become vacant or that he has become disquali-
fied, as the case may be, shall be liable to a penalty
of ninety-six dollars for every day upon which he
so sits or votes. I

(2) The said penalty shall be recoverable by
action in the Supreme Court at the suit of the
Attorney General.

31. (1) If the Governor shall consider that Powers of
it is expedient- Governor.
(a) in the interests of public order, public
faith or of good government (which expres-
sions shall, without prejudice to their general-
itv, include the responsibility of the Presidency
as a territory within the British Commonwealth
of Nations and all matters pertaining to the
creation or abolition of any public office or to
the appointment, salary or other conditions of
service of any public officer); or
(b) in order to secure detailed control of
the finances of the Presidency during such time
as, by virtue of the receipt of financial assist-
ance by the Presidency from His Majesty's
Exchequer for the purpose of balancing the
annual budget or otherwise, such control rests
with His Majesty's Government,
that any Bill introduced, or any motion proposed, in
the Council should have effect, then, if the Council
shall fail to pass such Bill or motion within such
time and in such form as the Governor may think
reasonable and expedient, the Governor, at any
time in his discretion, may, notwithstanding any
provisions of this Ordinance, or of any other law
in force in the Presidency or of any Standing
Orders of the Council, declare that such Bill or
motion shall have effect as if it had been passed by
the Council, either in the form in which it was so








MONTSERRAT. 18 Montserrat Constilution and Eleotions. No. 1 of 1952.

introduced or proposed or with such amendments
as the Governor shall think fit which have been
moved or proposed in the Council or any Com-
mittee thereof; and thereupon the said Bill or
motion shall have effect as if it had been so passed,
and in the case of any such Bill, the provisions of
this Ordinance relating to assent to Bills and
disallowance of laws shall have effect accordingly.

(2) The Governor shall forthwith report to a
Secretary of State every case in which he shall
make any such declaration and the reasons therefore.

(3) If any member of the Council objects to
any declaration made under subsection (1) of this
section, he may, within seven days of the making
thereof, submit to the Governor a statement in
writing of his reasons for so objecting, and a copy
of such statement shall, if furnished by such mem-
ber, be forwarded by the Governor as soon as
practicable to a Secretary of State.

(4) Any such declaration relating to a motion
may be revoked by a Secretary of State, and the
Governor shall cause notice of such revocation to
be published in the Gazette; and from the date of
such publication any motion which shall have had
effect by virtue of the declaration revoked, shall
cease to have effect; and the provisions of subsection
6/1898. (4) of section 6 of the Interpretation of Laws
Ordinance, 1898, shall apply to such revocation as
they apply to the repeal of an Ordinance.


32. Subject to the provisions of this Ordi-
nance the Governor and the Council shall, in the
transaction of business and making of. laws,
conform :as nearly as may be to the directions in
that behalf from time to time conveyed to the
Governor in any Instructions under His Majesty's
Sign Manual and Signet.

33. (1) No Bill shall become a law until
either the Governor shall have assented thereto in
His Majesty's name and on His Majrsty's behalf
and the Bill shall have been sig!ecd by the Goveriior
or by the Commissioner in token of the Governor's


Royal Instruc-
tions.






AssRit to Bills.







No. 1 of 1952. fontserrat Constitution and Elections. 19
assent, or His Majesty shall have given his assent
thereto through a Secretary of State .

(2) When a Bill is presented to the Governor
for his assent, he shall, according to his discretion,
but subject to the provisions of this Ordinance
and of any Instructions addressed to him
under His Majesty's Sign Manual and Signet or
through a Secretary of State, declare that he
assents or refuses his assent, thereto, or that he
reserves the Bill for the signification of His
Majesty's pleasure.

(3) A law assented to by the Governor shall
come into operation on the date on which such
assent shall be given, unless it shall be enacted,
either in such law or in some other enactment
that it shall come into operation on some other
date, in which case it shall come into operation on
that date.

(4) A Bill reserved for the signification
of His Majesty's pleasure shall become a law so
soon as His Majesty has given His assent there-
to, through a Secretary of State, and such assent
has been signified by proclamation. Every
such law shall come into operation on the
date of such proclamation, unless it shall be
enacted either in such law or in some other
enactment that it shall come into operation on
some other date, in which case it shall come
into operation on that date.

84. (1) Any law to which the Governor
shall have given his assent may be disallowed by
His Majesty through a Secretary of State.

(2) Whenever any law has been disallowed by
His Majesty, the Governor shall, as soon as prac-
ticable, cause notice of such disallowance to be
published in the Gazette.

(.3) Every law so disallowed shall cease to
have effect from the date of publication of such
notice; a-cd thereupon any enactment repealed or


Reserved Bills











Disallowance
of Ordinances.







MONTRanrAT. 20 Montserrat Constitution and Elections. No. 1 of 1952.

amended by, or in pursuance of, the law disallowed
shall have effect as if such law had not been made,
and, subject thereto, the provisions. of subsection
6/1898. (4) of section 6 of the rIterpretaition of Laws
Ordinance, 189S, shall apply to such disallowance
as they apply to the repeal of an Ordinance.
PART III.
ELECTORAL DISTRICTS AND REGISTRATION OF
VOTERS.
Appointment 35. The Commissioner shall appoint a
ptie of" Supervisor of Elections who shall-
Supervisor of
Elections. (a) exercise general direction and super-
vision over the administrative conduct of
elections and enforce on the part of all election
officers fairness, impartiality and compliance
with the provisions of this Ordinance;
(b) issue to election officers such instruc-
tions as from time to time he may deem
necessary to ensure effective execution of the
provisions of this Ordinance;
(c) execute and perform all other powers
and duties which by this Ordinance are con-
ferred and imposed upon him.
Electoral 36. For the purposes of the election of
districts, members of the Council, the Presilency shall be
divided into four electoral districts as defined in
the First Schedule.
Representa- 37. (1) The Southern Electoral District
ion on Coun- shall be represented on the Council by two elected
members;
(2) The three other electoral districts shall
each be represented on the council by one elected
member.
Appointment 38. (1) The Supervisor of Elections shall
of registering
offers etc. appoint a person to be the registering officer for
each electoral district.
(2) The Supervisor of Elections may ap-
point persons as assistant registering officers to
assist registering officers in the per'! numance of
their duties under this Ordinance.








No. 1 of 1952. Montserrat Constitution and Elections. 21 MoNTBaRRAT.
(3) Subject to the authority, directions and
control of the registering officer, an assistant
registering officer shall have all the powers and
may perform any of the duties of a registering
officer under this Ordinance except the exam-
ination of claims.
(4) The Supervisor of Elections may at any
time revoke any appointment made by him under
this section and make another appointment in
place thereof.
(5) A registering officer shall have such
powers and be charged with such duties as here-
inafter appearing.
(6) Every registering officer shall, before
entering on his duties as such, take and subscribe
an oath in the form set out as Form 12 in the Form No. 12.
Second Schedule and shall transmit such oath to
the Supervisor of Elections.'
39. (1) The Commissioner may on the Appointment
recommendation of the Supervisor of Elections of rurning
appoint a fit and proper person to be the
returning officer for each electoral district.
(2) The Commissioner may at any time
revoke any appointment made by him under
this section and make another appointment in
place thereof.
(3) Forthwith upon his appointment each
returning 'officer shall take and subscribe an
oath in the form set out as Form No. 12A. in FormNo. 12A.
the Second Schedule and shall transmit such
oath to the Supervisor of Elections.
40. (1) Every election officer and every Taking f
person who is required by Part III or Part IV of oathb.
this Ordinance to take any oath may take such
oath either before a Magistrate, a Justice of the
Peace, the Supervisor of Elections or before any
returning officer or presiding officer or poll clerk
appointed in accordance with the provisions of
this Ordinance and every such Magistrate,
Justice of the Peace, returning officer, presiding
officer, poll clerk and the Supervisor of Elections
is hereby authlrised and empowered to adminis-
ter any oath required by the said Part III or
Part IV of this Ordinance to be made or taken
by any election officer or other person.







MONTSERRAT. 22 Montserrat Costitution and Elections. No. 1 of 1952.
(2) Every person who is required to take
an oath in pursuance of any of the provisions
of Part III or Part IV of this Ordinance may
elect to make a solemn affirmation instead of
taking such oath.
Remuneration 41. There shall be paid to the Supervisor
of officers. of Elections, each registering officer, assistant
registering officer,, returning officer, revising
officer and to any other officers appointed under
this Ordinance such remuneration for their
services and such allowances in respect of
travelling and other expenses incurred by them
as the Governor in Council may. prescribe.
Qualification 42. (1) Subject to the provisions of sub-
of voters. section (2) of this section, every person who-

(a) has attained the age of twenty-one
years; and
(b) is not a lunatic so found under any
law in force in the Presidency; and
(c) is a British subject; alnd
(d) has resided in the Presidency for
twelve months immediately preceding the
date of registration as a voter or is domi-
ciled in the Presidency and is resident
therein at the date of such registration; and
(e) is not disqualified under the pro-
visions of this Ordinance from being reg-
istered as a voter,
shall be entitled to be registered as a voter and,
when registered, to vote at an election.
(2) No person shall be registered as a voter
or be entitled to vote at an election who has
been sentenced by any court in His Majesty's
dominions or in any territory under His Majes-
ty's protection to death, penal servitude, or im-
prisonment for a term exceeding twelve months,
and has not either suffered the punishment to
which he was sentenced or such other punish-
ment as by competent authority may have been
substituted for the same or received a free
pardon from His Majesty.







No. 1 of 1952. Montserrat Constitution and Elections. 23 MoNTSEBnRA.
43. (1) Subject as hereinafter in this Notice to per-
section provided, the Supervisor of Elections to otited
shall in such month in such years as the Commis-
sioner by proclamation may appoint and in no
case being more than three years after the date
of the return of the first writ at the last
preceding general election publish a notice, in
the form set out as Form No. 1 in the Second Form No. 1.
Schedule, in the Gazette and in one or more
newspapers published in the Presidency requir-
ing within twenty-one days after the first
publication of the said notice every person
who claims to be entitled to vote at an
election to deliver to the registering officer of
the electoral district in which such person
resides notice of his claim to be registered
as a voter.
(2) Within the said twenty-one days every Notice of
person who desires and is entitled to be registered claim to vote.
as a voter shall deliver or cause to be delivered to
such registering officer a notice of his claim to be
registered as a voter in the form set out as Form
No. 2 in the Second Schedule, and shall produce Form No. 2.
such evidence as may be necessary to establish his
claim to be so registered:
Provided that no person shall register in
more than one electoral district:
Provided further that no person whose name
is upon the Register of Voters shall be required
thereafter to make any such claim as aforesaid so
long as he is entitled to be registered as a voter.
(3) Every claimant to he registered as
a voter shall, if he is able so to do, with his own
hand subscribe his name and the date of such
subscription to the notice of his claim to be
registered as a voter.
(4) If any such claimant is unable by
reason of illiteracy, blindness or any other
physical cause to perform the subscription
mentioned in subsection (3) of this section,such
subscription shall be performed on his behalf by
the registering officer, who shall witness the
same by subscribing his own signature to the
notice of claim of such claimant.








MONTSERRAT. 24 Montserrat Cons/itution and Elections. No. 1 of 1952.
Examination (5) The registering officer shall examine the
of claims by qualifications in respect of which a claim to be
registering
officer. registered as a voter is made and shall receive such
evidence as may be necessary' to prove to his satis-
faction that the claimant possesses the qualifications
in respect of which he claims to be registered as
a voter.
Registration (6) In all cases where the registering officer
of claimant, is satisfied that the claimant possesses the necessary
qualifications, he shall register the claimant in the
manner hereinafter provided, otherwise he shall
disallow such claim.
Examination (7) The registering officer shall within the
of Register. twenty-one days mentioned in subsections (1) and
(2) of this section ascertain whether any of the
persons registered as voters in the Register of
Voters for the relevant electoral district have
ceased to retain the qualifications in respect of
which they were registered, or whether any of
them are dead; and he shall in the next
list of voters to be made up by him in accord-
ance with the provisions of section 44 of this
Ordinance write the words Objected to" against
the name of every person who, he has cause to
believe, has ceased to retain the qualifications in
respect of which he was registered, and shall
write the word "Dead" against the name of
every person who, he has cause to believe, is
dead.

List of voters, 44. (1) The registering officer shall within
the space of twenty-one days from the last day upon
which any notice of claim as provided in subsec-
tion (2) of section 43 of this Ordinance is allowed
to be made, make out an alphabetical list, in
Form No 3. the form set out as Form No. 3 in the Second
Schedule, of all persons residing in the electoral
district for which he is appointed who in his
opinion are entitled to be registered as voters, and
shall cause a copy of such list (hereinafter in this
Ordinance referred to as the first list of voters "),
dated and signed by him, to be posted on the outer
doors of any Court House, police station, church,
chapel, schoolhouse or other building in such
electoral district which in his opinion will give
publicity to such list.








No. 1 of 1952. Moitserrat Constitution and Elections. 25 MONTSBRRAT.
(2) The first list of voters shall during the
hours of business in each day for a period of ten
days after the posting thereof be open to inspection
of the public free of charge at every police station
in the electoral district to which such list applies
and at the Court House in the town of Plymouth.
45. (1) Every person whose name has been Prooedure as
omitted from or wrongly stated in the first list of to omisson6
and objections.
voters and who claims to have his name inserted
therein or the mistake rectified, as the case may be,
shall within ten days after the posting of such list
give notice in writing to the registering officer of
the electoral district in which he resides in the
forni set out as Form No. 4 in the Second FormnNo.4.
Schedule.
(2) Every person whose name appears in any
such list may object to any other person whose
name also appears therein as not being entitled to
have his name therein, and shall within ten days
after the posting of such list give notice in the forms
set out as Form No. 5 (1) and Form No. 5 (2) Forms No. 5
in the Second Schedule to the registering officer (1) and (2).
of the electoral district in which lie resides and to
the person objected to by delivering the same to
him personally or by leaving the same at his usual
place of abode.
(3) Within ten days after the expiration of
the ten days mentioned in subsection (2) of this
section each registering officer shall prepare a list
of all such claims and objections and the names of
the persons who have -made the same, and such
list shall be open to the inspection of the public
free of charge during the hours of business in
each day for a period of ten days after the prepara-
tion of such list at every police station in
the electoral district to which such list applies
and at the Court House in the town of Plymouth.
46. (1) An open court shall be held Court torevise
in one or more places in each electoral district by lit.
and before a revising officer for the purpose of
revising the first list of voters.
(2) The said court shall be held on such
day as may be fixed by the revising officer being
within four weeks after the posting of the list







MONTSRRBAT. 26 Montserrat Constitution and Elections. No. 1 of 1952.

of claims and objections, and six days notice
Form No. 6. in the form set out as Form No. 6 in the Second
Schedule of the holding of such court and of the
place at which the same is to be held shall be given
in the (tazetle, in one or more of the newspapers
published in the Presidency and by posting such
notice on the outer doors of the Court House,
Treasury, and police stations in the Presidency.


Procedure of
oourt revising
list.























Cap. 61.


47. (1) Upon the production in court by
the registering officer of an electoral district of the
list of claims and objections received by such
registering officer the revising officer shall go
through the same and shall insert in the first list
of voters the name of every person who is
proved to his satisfaction to be entitled to'have
his name inserted therein, rectify any mistake in
such list of which he is satisfied, and strike
out of such list the name of every person
who, upon the application of the objector, is
proved to the satisfaction of the revising officer
to be disentitled to have his name retained in
the list.
(2) If the objector appears neither in person,
nor by counsel, nor by some voter duly author-
ised by him in that behalf, the objection shall be
overruled, and the name of the person objected to
shall be retained in the list of voters for that
electoral district.
(3) Every revising officer holding a court
under this Ordinance shall have power to adjourn
the same to such time and as often as may be
necessary and shall have the same powers for the
keeping of order in his court as are given to a
magistrate under the Magistrate's Code of Pro-
cedure Act.
(4) The revising officer shall in open court
determine all claims or objections, and shall write
his initials against any name struck out of the
first list of voters or inserted therein, and against
any mistake or omission corrected, and shall sign his
name to every page of the first list of voters, when
the same is finally settled.
(5) If the revising officer is of the opinion
that the claim or objection of any person is with-
out foundation or is frivolous, he may order such







No. 1 of 1952. Montserrat Constitution and Elections. 27 MONTSERRAT.
person to pay the actual costs of the inquiry
including the costs of witnesses, and such costs
shall be recoverable by an action before any court
of competent jurisdiction.
(6) Any person aggrieved by a decision of
the revising officer may appeal to a Judge in accord-
ance with the provisions of the Magistrate's Code Cap. 61.
of Procedure Act.
48. (i) On completion of the revision of Revised list to
the first lists of voters of each electoral district, eeed aRegi
the revising officer shall after signing such lists ter of Voters.
cause them to be printed and bound separately
in respect of each electoral district.
(2) The revising officer shall certify such
bound lists and shall thereupon transmit one copy
thereof to the returning officer for the electoral
district to which it relates and one copy to the
Supervisor of Elections.
(3;) The copy of the lists transmitted to the
Supervisor of Elections shall be deemed to be the
Register of Voters for that electoral district and
shall remain in force until the next lists of voters
have been revised and certified in accordance with
Sthe provisions of this Ordinance.
(4) If as the result of an appeal from a deci-
sion of the revising officer, or for other sufficient
cause, the insertion of any name in the Register of
Voters or the deletion of any name therefrom shall
be necessary, such insertion or deletion shall be
made by the Supervisor of Elections who shall
number any name inserted with the same number
as the preceding name followed by a letter or
letters.
49. (1) The lists of voters d signated by Register of
the Commissioner as the Register of Voters in Voters forfirst
accordance with the provisions of subsection (1) oflection
section 1.5 of the Legislative Council (Hegistration s/1951.
of Voters) Ordinance, 1951, shall, for the purposes
of the first general election to be held under the
provisions of this Ordinance, be the Rlegister of
Voters for the said general election and for any by-
election or general election which may be held
before the transmission to the Supervisor of
EL actions of the first Register of Voters under
section 48 of this Ordinance.








MONTSrMBRT. 28 Monlserrat Ootisfitution and Elections. No. 1 of 1952.
(2) For the purpose of giving effect to sub-
section (1) of this section-
(a) The lists of voters for Registration
Unit I and Registration Unit II shall be-
(i) construed as if the reference to
Registration Unit I and Regis-
tration Unit II were deleted
therefrom and
(ii) put together to form one list of
voters for the southern Elec-
toral District which list shall be
captioned accordingly and re-
numbered by distinguishing
with the letter A" each
number in one of the said lists
to which there is a corres-
ponding number in the other list.
(b) The lists of voters for the three other
Registration Units shall be construed as if
for the reference therein to Registration
Unit Ill," Registration Unit IV and
Registration V respectively, there were sub-
stitutea Windward Electoral District"
"Central Electoral District" :nd Northern
Electoral District ".
PART IV.
ARRANGEMENTS FOR ELECTIONS.
Issue of writ 50. (1) For the purpose of every general
for holding
elections., election of members of the Council, and for the
purpose of the election of members to supply
vacancies caused by death, resignation or other-
wise, the Commissioner shall issue writs under the
Public Seal of the Presidency, addressed to the
returning officers of the respective electoral districts
for which members are to be returned. Such writs
shall be forwarded to the Supervisor of Eh actions
for transmission to the several returning officers.
(2) Every such writ shall be in the form set
Form No. 7. out as Form No. 7 in the Second Schedule, and
shall specify the day and place of nomination of
candidates, tle day on which, if necessary, the
poll sliall be taken, being not less than seven days
after the day of such nomination, and the day
on which such writ shall be returnable to. the
Commissioner.







No. 1 of 1952. Montserrat Constitutif n and Elections. 29 MONTWRERRAT


(3) Upon receipt of such writ every returning
officer shall proceed to hold the election in the
manner hereinafter provided.
51. (1) On receiving such writ, every
returning officer shall publish in the Gazette
and in one or more newspapers published in the
Presidency a notice in the form set out as Form
No. 8 in the Second Schedule of the day and
place fixed for the nomination of candidates.
(2) Such notice shall be published at least
seven clear days before the day fixed for such
nomination and the returning officer shall give
further notice of the issue of such writ and of
the time and place fixed for the nomination of
candidates by causing notices in the said Form
No. 8 to be posted on the outer doors of any Court
House, police station, church, chapel, school-house
or other building in the electoral district as he
may deem necessary.
(3) Nomination papers shall be provided by
the returning officer and shall be in the form set
out as Form No. 9 in the Second Schedule.
(4) On the day and at the place so fixed for
the nomination of candidates every returning officer
shall attend between the hours of ten o'clock in
the forenoon and one o'clock in the afternoon and
between the hours of two o'clock and four o'clock
in the afternoon and receive the nomination of any
duly qualified candidate for the seat to be filled.
(5) Every candidate for election shall be
nominated on one nomination paper by at least
two registered voters of the electoral district for
which such candidate seeks election and his con-
sent to nomination shall be given in writing on
such nomination paper and attested by one
witness:
Provided that no candidate shall be deemed
not to have been validly nominated by reason
only of the fact that subsequent to nomination
day any person by whom his nomination paper
was signed is struck off the first list of voters
or the Register of Voters for the relevant elec-
toral district,


Notice of plaoe
and time of
nomination.

Form No. 8.


Form No. 9.
Nomination of
Candidates.








MOTSERRAT. 30 Montserrat Constitution and Elections. No. 1 of 1952.

Eeconstted (6) If at four o'clock in the afternoon at an
election in an electoral district for which one mem-
ber is to be returned only one candidate has been
nominated for the seat to be tilled, and at an elec-
tion in an electoral district for which two members
are to be returned only two candidates have been
nominated for the seats to be filled, the returning
.Officer should declare that candidates or those
candidates elected and shall immediately thereafter
certify by endorsement on the writ the return of
such candidate or candidates, as the case may be, in
Form No. 10. the form set out as Form No. 10 in the Second
Schedule and shall return the writ so endorsed
to the Supervisor of Elections for transmission to
the Commissioner within the time specified for
that purpose therein.
Withdrawalof (7) Any candidate duly nominated may,
Candidature. not less than three clear days before the day
fixed for taking the poll, withdraw from his
candidature by giving notice to the effect,
signed by him, to the returning officer, provided
that on such withdrawal there remain not less
than two duly nominated candidates in an electoral
district for which one member is to be returned and
not less than three duly nominated candidates in
an electoral district for which two inembers are to
Le returned.
(8) If any such candidate withdraws from his
candidature in accordance with subsection (7) of this
section, or dies before the day fixed for the taking of
the poll, the returning officer shall in the manner
mentioned in subsection (9) of this section forth-
with give public notice of such withdrawal or death;
and all proceedings with reference to the election shall
be commenced afresh in all respects as if the writ had
been received on the day of such withdrawal or
death, as the case may be, and the provisions of the
preceding subsections of this section shall have
effect accordingly.
Provided that no fresh nomination shall be
necessary in the case of any candidate who has
been validly nominated in accordance with subsec-
tion (5) of this section.
(9) Publication of the notice mentioned in
subsection (8) of this section shall be effected by
the returning officer by causing notices of such







No. 1 of 1952. Mohtserrat Constitution and Elections. 31 Mos'rsARFuT.
withdrawal to he posted on the outer doors of
the Court House, Treasury and police stations in
the Presidency, and may also, if practicable, be
effected by causing such notice to be published
in the Gazette and in one or more newspapers
published in the Presidency.
52. (1) A candidate for election, or someone Deposit,
on his behalf, shall deposit with the returning
officer, on or before the day of his nomination, the
sum of ninety-six dollars, and, if he fails to do so,
the nomination of such candidate shall be deemed
to be withdrawn.
(2) The deposit may be made in any legal
tender, or, with the consent of the returning officer,
in any other manner.
(3) The full amount of every deposit made
under subsection (1) of this section shall forth-
with after its receipt be transmitted by the
returning officer to the Treasurer of the Presidency.
(4) If after the deposit is made the candi-
dature is withdrawn in accordance with the pro-
visions of subsection (7) of section 51 of this
Ordinance, the deposit shall be returned by the
Treasurer of the Presidency to the person by
whom it was made; and if the candidate dies
after the deposit is made and before the taking"
of the poll, the deposit, if made by him', shall
be returned to his legal personal representative,
or, if not made by him, shall be returned to the
person by whom it was made.
53. (1) If a candidate who has made such When deposit
deposit is not elected, and the number of votes ftrted, or
polled by him does not exceed one-eighth of the-
total number of votes polled, the amount deposited
shall be forfeited to the Crown; in any other case
the deposit shall be returned by the Treasurer of
the Presidency, as soon as practicable after the
result of the election is declared, to the candidate,
his legal personal representative, or the person by
whom the deposit was made, as the case may be.
(2) For the purposes of this section the num-
ber of votes polled shall be deemed to be the number
of the ballot papers (other than rejected ballot
papers) counted.







MoNTSanRRAT. 32 Montserrat Coinsfitut andlect ncE ions. No. 1 Of 1952.
Contested 54. (1) If in an electoral district there
eiletionofdpue shall be more candidates duly nominated than
and place &c. there are seats to be filled, a poll shall be taken,
and in such case the returning' olicer shall adjourn
the election to the' day specified in the writ, and
the poll shall be taken on such day in the manner
hereinafter provided.
(2) The returning officer shall, as soon as
practicable after adjourning the election, give
Form No. 11. notice, in the form set out as Form No. 11 in
the Second Schedule, by publication in one or
more newspapers published in the Presidency,
of the day and time on which and the addresses
of the polling stations in the electoral district
at which the poll will be taken and of the names
of the candidates nominated for election and of
the place where and the day and time when the
number of votes given to the several candidates
for such electoral district will be counted.
Power to (3) Where the proceedings at any polling
adjourn poll. station are interrupted or obstructed by riot, or
open violence, or by the. occurrence of any earth-
quake, hurricane, flood, fire, outbreak of pestilence
or outbreak of infectious disease or other calamity
whether similar to the foregoing or not, the presid-
ing officer may adjourn the proceedings till the
following day and thereafter from, day to day as
maybe necessary and shall forthwith give notice to
the returning officer.
(4) Where the poll is adjourned at any pol-
ling station,
(a) the hours of polling on the day to
which it is adjourned shall be the same as for
the original day; and
(b) references in this Ordinance to the
close of the poll shall be construed accordingly.
Polling 55. (1) On the day named in the notice
published under the provisions of subsection (2)
of section 54 of this Ordinance for the taking
of the poll the returning officer shall cause to be
opened in the electoral district to which lie is
appointed such number of polling stations as the
Supervisor of Elections shall determine.
(2) The returning officer shall provide each
polling station with such number of compart








No. 1 of 1952. Monlserrat Constitution and Elections. 33 MOSTSBURA.,
ments as he may consider necessary to enable
voters to record their votes screened from ob-
servation.
(3) Unless the writ otherwise directs polling
stations shall be opened at seven o'clock in the
forenoon and shall be closed at six o'clock in the
afternoon.
56. Where. more than one polling station Division of
is established for any electoral district, the return- List.
ing officer shall divide the list of voters for the
electoral district into as many separate lists as
there are polling stations in the electoral district.
57. (1) The Supervisor of Elections shall, Presiding
subject to the approval of the Commissioner, oiers.
appoint a presiding officer to attend at each polling
station to receive the votes, but lie shall not so
appoint any person who has been employed
by or on behalf of a candidate in or about the
election. The Supervisor of Elections may him-
self. if lie thinks fit, preside atany polling station.
(2) Forthwith upon his appointment every
presiding officer shall take and subscribe an
oath in the form set out as Form No. 13 in the Form No.
Second Schedule and shall transmit such oath to
the Supervisor of Elections.
58. (1) The Supervisor of Elections shall, Pollclerks.
subject to the approval of the Commissioner,
appoint a poll clerk for every polling station in
an electoral district.
(2) Forthwith upon his appointment every.
poll clerk shall take and subscribe an oath in the
form set out as Form No. 14 in the Second Form No. 14
Schedule and shall transmit such oath to the
Supervisor of Elections.
(3) If any presiding officer dies or becomes
incapable of performing his duties during the
taking of the poll, the poll clerk shall forthwith
assume the office of presiding officer and shall
appoint some other person to act as poll clerk.
(4) If any poll clerk (lies or becomes
incapable of performing his duties during the
taking of the poll, the presiding officer shall
forthwith appoint some other person to act as
poll clerk.








MONTSBRBA 34 Montserrat Constitution and Elections. No. 1 of 1952.

(5) Every appointment made under sub-
section (3) or subsection (1) of this section shall
be immediately reported to the Supervisor of
Elections by Ihe 1)erson making the appointment.
Ballot Boxes. 59. (1) The Supervisor of Elections shall
supply to each returning officer a number of
ballot boxes equal to the number of polling
stations in his electoral district.
(2) Every ballot box shall be made of some
durable material, with one lock and key and
a slit or narrow opening in the top and so
constructed that the ballot papers may be
introduced therein but cannot be withdrawn
therefrom unless the box is unlocked.

Supplies of 60. (1) The returning officer shall pro-
election vide each presiding officer with such number of
material. 0
ballot boxes and ballot papers as in the opinion
of the returning officer may be necessary.
(2) The returning officer shall provide each
polling station with-
(a) a statement showing the number
of ballot papers so provided, with their
serial numbers;
(b) the necessary materials to enable
voters to mark the ballot papers:
(c) the necessary materials for putting
the official mark on the ballot papers;
(d) at least two copies, which he shall
certify, of the list of voters relating to the
electoral district to which he is appointed
or such part thereof as contains the names
of the voters allocated to such polling
station (hereinafter called "the official list
of voters ");
(r) at least three copies of the
directions for the guidance of voters in the
Foii No. 15. form set out as Form No. 15 in the Second
Schedule;
(f) a blank poll book;
(!/) the several forms of oaths to he
administered to voters or other persons;
(h) such other things as man be neces-
sary for conducting tlih election in the
manner provided by this Ordinance.







No. 1 of 1952. Montserrat Constitution and Elections. 35 MOxTSeBAIT,

61. (1) Each candidate may, before the Polling and
commencement of the poll, appoint one polling counting
agent to attend at a polling station and one
counting agent to attend at the counting of the
votes.

(2) An agent may be appointed on behalf
of more than one candidate.

(3) Every appointment of an agent shall
be in wiiting and shall state the name and
address of the person appointed and shall be
given, duly signed by the candidate, to the
presiding officer or the returning officer as the
case may be.

62. (1) The poll shall be taken in each Taking of poll
electoral district by secret ballot in accordance and the ballot.
with the provisions of sections 69, 70 and 71 of
this Ordinance.

(2) The ballot of each voter shall be
a printed paper in the form set out as Form No. Form No. 17,
17 in the Second Schedule (in this Ordinance
called a ballot paper) in which the names,
descriptions and residences of the candidates
alphabetically arranged in the order of their sur-
names and numbered accordingly shall be printed
exactly as they are set out in the nomination
paper. Each ballot paper shall have a number
printed on the back and shall have attached to
it a counterfoil with the same number printed
on the face and there shall be a. line of perfo-
rations between the ballot paper and the
counterfoil.
63. Each presiding officer shall, on or Inspection of
before the day fixed for taking the poll, visit his polling station.
polling station and see that it is provided with
proper conveniences as aforesaid for taking the
poll.
64. (1) Subject to the provisions of sec- Where voter
tions 65 and 66 of this Ordinance, no person shall vote.
shall be entitled to vote in any electoral district
unless his name appears on the iist of voters
in respect of that electoral district.







MONTSBERAT. 36 Montserrat Constitution and Elections. No. 1 of 1952.
(2) Every person whose name appears
upon the official list of voters for any polling
station shall be entitled to vote in the electoral
district in which that polling station is situated
notwithstanding that he is not resident in that
electoral district upon polling day:

Provided however that no person shall vote
in more than one electoral district or at more
than one polling station in the same electoral
district or more than once in the same electoral
district on the same day.

(3) Any person contravening any of the
provisions of the preceding subsections shall be
liable on summary conviction to imprisonment
for six months.-

Transfer of 65. (1) Where any person whose name
special ci appears upon the official list of voters for any
polling station is appointed as presiding officer
or poll clerk for some other polling station in an
electoral district, the returning officer shall
transfer the name of the presiding officer or poll
clerk, as the case may be, to the official list of
voters for the polling station of which- such
person is appointed the presiding officer or poll
cle k.

(2) The returning officer shall give notice
in writing to every candidate in his electoral
district of any transfer made under subsection
(1) of this section and to the presiding officer of
the polling station at which the person whose
name is so transferred would have been entitled
to vote but for the provisions of section 67 of
this Ordinance.

Where trans- 66. (1) Every person whose name is
ferred voter
may vote. transferred in accordance with the. provisions of
section 66 of this Ordinance from any official
list of voters to another official list of voters shall
vote. if he votes at all, in the polling station of
which he is appointed presiding officer or poll
cleik, as the case may be.







No. 1 of 1952. Montserrat Constitution and Elections. 37 MONTSERRAT.
(2) Every presiding officer who issues to
any person whose name has been transferred
from any official list of voters to any other
official list of voters any ballot paper at any
rolling station other than the polling station of
the electoral district to which such person's name
has been transferred shall be liable, on summary
Conviction, to a fine of twenty-five dollars or to
imprisonment for one month.
67. (1) At the hour fixed for opening Proceedings
the poll the presiding officer and the poll clerk at poll.
shall, in the presence of the candidates, their
agents, and such of the voters as are present,
open the ballot box and ascertain that there are
no ballot papers or other papers therein, after
which the box shall be locked, and the presiding
officer shall keep the key thereof; the box shall
be placed on a table in full view of all present
and shall be maintained there until the close of
the poll.
(2) Immediately after the ballot box is so
locked, the presiding officer shall call on the
voters to vote.
(3) The presiding officer shall secure the
admittance of every voter in the polling station
and shall see that they are not impeded or
molested at or about the polling station.
(4) Every voter, upon entering the polling
station, shall declare his name, residence and occupa-
tion. The poll clerk shall then ascertain if the
name of the voter appears on the official list of
voters used at the polling station. When it has
been ascertained that the applicant voter is qualified
to vote at the polling station, his name, address and
occupation shall be entered in the poll book to be
kept by the poll clerk in the form set out as Form
No. 16 in the Second Schedule, a number cor- Form No. 16.
responding to the consecutive number allotted to
the voter on the official list of voters being prefixed
to the voter's name in the appropriate column of
the poll book, and the voter shall be immediately
allowed to vote, unless an election officer or any
agent of a candidate present at the polling station
desires that he be first sworn.








MONTSERRAT. 38 Montserrat Conslilution and Elections. No. 1 of 1952.


(5) The poll clerk shall-
(a) make such entries in the poll book
opposite the name of each voter as the pre-
siding officer pursuant to the provisions of
this Ordinance directs; and
(b) enter in the poll book opposite the
name of each voter as soon as the voter's
ballot paper has been deposited in the ballot
box, the word voted "; and
(c) enter in the poll book the word
Sworn or Affirmed opposite the name
of each voter, to whom any oath or affirma-
tion has been administered indicating the
nature of the oath or affirmation; and
(d) enter in the poll book the words
Refused to be sworn" or Refused to
affirm or Refused to answer opposite the
name of each voter who has refused to take an
oath or affirm, when he has been legally
required so to do, or has refused to answer
questions which he has been legally required
to answer.
68. (1) The presiding officer shall keep
order at his polling station and shall regulate the
number of voters to be admitted at a time, and
shall exclude all other persons except the Supervisor
of Elections, the returning officer of the electoral
district, the polling clerk, the candidates, one agent
for each candidate appointed by such candidate in
accordance with the provisions of section 61 of this
Ordinance and the police officers on duty.
(2) The agents af resaid shall be posted in
such a place that they can see each person who
presents himself as a voter and hear his name as
given in by him, but so that they cannot see how
any voter votes. They shall not interfere in the
proceedings save in so far as they may be allowed
by this Ordinance.


Preservation (3) If any person persists, after being warned,
of oider. in disobeying the directions of the presiding officer
or in acting in contravention of this section, it shall
be lawful for the presiding officer to cause him to
be removed from the polling station.


Who are to be
admitted
within polling
stations.






Agents how to
be placed.







T) 1. 1 of 1952. Montserrat Constitution and Elections. 39 MONTSERRAT.

69. (1) Each voter shall receive from General mode
the presiding officer a ballot paper on which oftaking
such officer has previously 1put his initials so
placed as indicated in the form set out as Form
No 17 in tie Second Schedule that when the Form Yo. 17.
ballot paper is folded the said initials can he
seen without opening it, and on the counterfoil
of which he has placed a number corresponding
to the consecutive number on the official list of
voters and entered in the poll book opposite the
name of such voter.
(2) The presiding officer shall instruct the
voter how to make his mark, and shall properly
fold the voter's ballot paper, directing him to
return it, when marked, folded as shown, but
without inquiring or seeing for whom the voter
intends to vote, except when the voter is unable
to vote in the manner prescribed by this Ordi-
nance on account of illiteracy, blindness or
other physical incapacity.
(3) The voter on receiving the ballot paper
shall forthwith enter one of the polling com-
partments in the polling station and there mark
his ballot paper by marking with a black lead
pencil and not otherwise a cross within the
space opposite the name of the candidate for
whom he intends to vote, and he shall then fold
the ballot paper as directed so that the initials
and the numbers on the counterfoil can be seen
without opening it. aand hnd the paper to the
presiding officer who shall, without unfolding
it, ascertain by examination of the initials and
numbers appearing thereon that it is the same
paper as that delivered to the voter and, if the
same, he shall in full view of the voter and of
all others present remove the counterfoil and
deposit the ballot in the ballot box.
(4) A voter who has inadvertently so dealt
with the ballot paper delivered to him that it
cannot conveniently be used shall restore it to
the presiding officer who shall cancel it by
writing the word Spoiled across the face of
the same. The presiding officer shall then
deliver another ballot paper to the voter.







MONTSERRAT. 40 Montserrat Constitution and Elections. No. 1 of 1952.

(5) Every voter shall vote without undue
delay and shall leave the polling station as soon
as his ballot paper has been put into the ballot
box.
(6) If at the closing of the poll there are any
voters inside the polling station who are qualified to
vote and have not been able to do so since their
arrival at the pollitig station, the poll shall be kept
open a sufficient time to enable them to vote, but
no one not actually present within the polling
station at the hour of closing shall be allowed to
vote.
Questions 70. (1) The presiding officer may, and shall
put to am ter if requested by a candidate or his agent, put to the
voter the following questions-
(a) Are you the same person whose
name appears as A.B." on the list of voters
now in force for this polling division?
(b) Have you already voted at this elec-
tion either here or elsewhere?
(2) If any person refuses to answer any ques-
tion put to him as in this section provided, the
presiding officer shall refuse to give him a ballot
paper.
(3) If any person makes a false answer to
any such question he shall be liable, on summary
conviction, to imprisonment for Eix months.
Modeoftak- 71. (1) Subject to all other provisions of
ncl calse. this Ordinance -as to proof of qualification as a
voter, and as to the administration of oaths, if a
person representing himself to be a particular voter
applies for a ballot paper after another person has
voted as such person, he shall be entitled to receive
a ballot paper and to vote after taking the oath of
Form No. is identity, in the form set out as Form No. 18 in
the Second Schedule, and otherwise establishing
his identity to the satisfaction of the presiding
officer.
(2) In such case, the presiding officer shall
put on the ballot paper his initials together with a
number corresponding to the number allotted to







No. 1 of 1952. Montserrat Constitution and Elections. 41 MONTSERRAT.

the voter on the list of voters and entered in the
poll book opposite the name of such voter, and
the poll clerk shall enter in the poll book-

(a) the name of such voter;

(b) a note of his having voted on a
second ballot paper issued under the same
name;

(c) the fact of the oath of identity hav-
ing been required and taken, and the fact of
any other oaths being so required and taken;
and
(d) any objections made on behalf of
any, and of which, of the candidates.

(3) The presiding officer, on the application
of any voter who is incapacitated from any physi-
cal cause other than blindness or by reason of
illiteracy from voting in the manner prescribed by
this Ordinance, shall require the voter making such
application to make oath in the form set out as
Form No. 19 in the Second Schedule of his incapa- Form No. 19.
city to vote without assistance, and shall there-
after assist such voter by marking his ballot paper
in the manner directed by such voter in the
presence of the poll clerk and of the sworn agents
of the candidates and of no other person, and shall
place such ballot in the ballot box.

(4) The presiding officer shall either deal
with a blind voter and a voter who is unable to
mark his ballot paper by reason of illiteracy in the
same manner as with an otherwise incapacitated
voter, or, at the request of any blind voter
or a voter who is unable to mark his ballot
paper by reason of illiteracy and who has taken the
oath in the form set out as Form No. 20 in the Form No. 20.
Second Schedule, and is accompanied by a friend
who is a voter in the electoral district, shall permit
such friend to accompany the blind or illiterate
voter, as the case may be, into the voting compart-
ment and mark the voter's ballot paper for him.
No person shall at any election be allowed to act as
such friend to more than one voter.







MONTBEREAT. 42 Montserrat Constitution and Elections. No. 1 of 1952.
(5) Any friend who in accordance with the
provisions of subsection (4) of this section is per-
mitted to mark the ballot paper of a blind voter or
a voter who is unable to mark his ballot paper by
reason of illiteracy shall first be required to take an
Form No. 21. oath in the form set out as Form No. 21 in the
Second Schedule that he will keep secret the name
of the candidate for whom the ballot of such voter
is marked by him, and that he has not "already
acted as the friend of any other voter for the pur-
pose of marking his ballot -paper at the pending
election.
(6) Whenever any voter has had his ballot
paper marked as provided in subsection (3) or sub-
section (4) of this section, the poll clerk shall enter
in the poll book opposite the voter's name, in
addition to.any other requisite entry, the reason
why such ballot paper was so marked.
Who may vote. 72. (1) Where there is contained in the
list of voters a name, address and occupation
which correspond so closely with the name, address
and occupation of a person by whom a ballot paper
is demanded as to suggest that the entry in such
list of voters was intended to refer to him,
such person shall, upon taking the oath in the
Form No. 22. form set out as Form No. 22 in the Second Sched-
ule and complying in all other respects with the
provisions of this Ordinance, be entitled to receive
a ballot paper and to vote. In any such case
the name, address and occupation shall be correctly
entered in the poll book and the fact that the oath
has been taken shall be entered in the proper
column of the poll book.

(2) A voter, if required by the presiding
officer, the poll clerk, one of the candidates or an
agent of a candidate, or by a voter present, shall
before receiving his ballot paper take an oath in the
Form No. 23. form set out as Form No. 23 in the Second Sched-
ule and, if he refuse to take such oath, erasing
lines shall be drawn through his name on the
official list of voters and in the poll book, if such
name has been entered in the said book, and the
words Refused to be sworn" shall be written
thereafter.







No. I of 1952. Muntserrat Constitution and Elections. 43 MONTSERRAT.

73. (1) In addition to the presiding officer Who may be
and the poll clerk, the candidates and one agent for present.
each candidate in each polling station, the police
officers on duty, and no others, shall be permitted
to remain in the polling station during the time the
poll remains open:
Provided that no. candidate and his agent
shall be in the same polling station at the same
time for more than five consecutive minutes.
(2) The agent of each candidate, on being
admitted to the polling station, shall take an oath
in the form set out as Form No. 24 in the Second Form No. 24.
Schedule to keep secret the name of the candidate
for whom any of the voters has marked his ballot
paper in his presence.
(3) Agents of candidates may, with the per-
mission of the presiding officer, absent themselves
from and return to the polling station at any time
before one hour prior to the close of the poll.
74. (1) Forthwith upon the close of the Proceedings.
poll the presiding officer shall in the following after poll.
order-
(a) seal the ballot boxes;
(b) count the number of voters whose
names appear in the poll book as having voted
and make an entry thereof on the line
immediately below the name of the voter, who
voted last, thus: The number of voters who
voted at this election in this polling station is
.... .................." (stating the number), and
sign his name'thereto;
(c) count the spoiled ballot papers, if
any, place them in the special envelope
sul plied for that purpose and indicate
thereou the number of such spoiled ballot
papers and seal it up;
(d) count the unused ballot papers,
place them with all the stubs of all used
ballot papers in the special envelope sup-
plied for that purpose and indicate thereon
the number of such unused ballot papers;
and







MorrSeNBAT. 44 Montserrat Constitution and Elections. No. 1 of 1952.
(e) check the number of ballot papers
supplied by the returning officer against
the number of spoiled ballot papers, if any,
the number of unused ballot papers and the
number of voters whose names appear in
the poll book as having voted, in order to
ascertain that all ballot papers are account-
ed for.
(2) The ballot boxes, poll book, envelopes
containing the spoiled and unused ballot papers,
official list of voters and other documents used
at the poll shall be transmitted to the place
notified for the counting of the votes or delivered
to the returning officer. The returning officer
may special-y appoint one or more persons for
the purpose of collecting the ballot boxes and
papers aforesaid from a given number of polling
stations, and such person or persons shall, on
delivering the ballot boxes and papers to the
returning officer, take the oath in the form set
Form No. 2s. out as Form No. 25 in the Second Schedule.

(3) The presiding officer shall, with the
ballot boxes and papers atoresaid, transmit or
deliver to the returning officer, in the envelope
provided for that purpose, the keys of such
ballot boxes.
The ount. 75. (1) Each returning officer, upon re-
ceipt by him of each of the ballot boxes, shall
take every precaution for its safe keeping and
for preventing any person other than himself
from having access thereto, sealing it under his
own seal so that it cannot be opened without
the seal being broken but without effacing or
covering any other seals thereto affixed.
(2) After all the ballot boxes have been re-
ceived they shall be opened for the count of
votes and in the presence of such of the candi-
dates or their agents, and if the candidates or
any of them. are absent, their in the presence of
such as are present, and of at least two voters
if none of the candidates is represented, by the
returning officer, and the returning officer
shall-







No. 1 of 1952. Montserrat Constitution and Elections. 45 ,MONTSSRRAT.

(a) record and count the number of
votes given to each candidate (allowing the
candidates and their agents full opportunity
to see such votes but not the official number
on the back of the ballot paper). A poll
clerk and not less than two witnesses shall
be supplied with tally sheets upon which
they may keep their own score as each vote
is called out by the returning officer;
(b) reject all ballot papers-
(i) which have not been marked for
any candidate;
(ii) on which votes have been given
for more candidates than there are
seats to be filled;
(iii) upon which there is any writing
or mark by which the voter could
be identified, but no ballot paper
shall be rejected on account of
any writing, number or mark
placed thereon by any presiding
officer.
(3) If in the course of counting the votes
any ballot paper is found with the counterfoil
still attached thereto, the returning officer shall
(carefully concealing the numbers thereon from
all persons present and without examining them
himself) remove such counterfoil. He shall not
reject the ballot paper merely by reason of the
failure of the presiding officer to remove the
counterfoil.

(4) If in the course of counting the votes
the returning officer discovers that the presiding
officer has omitted to affix his initials to any
ballot paper as provided by subsection (1) of
section 69 of this Ordinance, he shall, in the
presence of a poll clerk and such of the candi-
dates or their counting agents, affix his initials
to such ballot paper and shall count such ballot
paper as if it had been initialled by the presiding
officer in the first place, provided that he is
satisfied that the ballot paper is one that has
be en supplied by the presiding officer, and also







MONTs~rAT. 46 Montserrat Constitution and Elections. No. 1 of 1952.

that every ballot paper supplied to such pre-
siding officer has been accounted for as provided
by paragraph (e) ol subsection (1) o' suecionl 74
of this Ordinance.
(5) The returning officer shall keep a
record on the special form printed in the poll
book of every objection, made by any candidate
or his counting agent or any voter present, to
any ballot paper found in a ballot box, and shall
decide every question arising out or the objec-
tion. The decision of the returning officer shall
be final, subject to reversal on petition question-
ing the election or return; and -every such
objection shall be numbered, and a correspond-
ing number placed on the back of the ballot
paper and initialled by the returning officer.
(6) All the ballot papers not rejected by the
returning officer shall be counted and a list shall
be kept of the number of votes given to each can-
didate and of the number of rejected ballot papers.
The ballot papers which respectively indicate the
votes given for each candidate shall be put into
separate envelopes; all rejected ballot papers shall
be put into a special envelope and all si:ch en-
velopes shall be sealed by the returning officer and
by such agents or witnesses present as may desire
to seal them or to sign their names thereon in
addition or instead.
Declaration of (7) The candidate who on the completion of
the poll. the count is found to have the largest number of
votes shall then be declared hb the returning
officer to be elected as the member for the electoral
district.
Equality of (8) Whenever there is an equality of votes
votes, between two or more candidates and the addition
of a vote would entitle one of such candidates to be
declared elected, then-
(a) the returning officer, if he is a regis-
tered voter of the electoral district for which
the election is held, may give such additional
vote, but the returning officer shall not in
any other case be entitled to vote at an elec-
tion for which he is the returning officer;







No. 1 of 1952. Montserrat Constitution and Elections. 47 MONTSERRAT.

(b) if the returning officer is not a reg-
istered voter as aforesaid, or if being such
registered voter he declines to vote, he shall
make a special return of the result of the
election and the Council shall have the right
by resolution to choose one of such candidates
to be the member for that electoral district.

76. (1) Subject to the provisions of sub- Maintenance
section (2) of this section, during the hours when pol1ingt
the poll is open upon polling day, no persons shall station.
assemble or congregate within one hundred yards
of any building in which is situate any polling
station.
(2) This section shall not apply-
(a) to any voters who are waiting to
poll their votes at such polling station and
who obey any instructions which may be
given by the presiding officer or poll clerk or
any police officer for the purpose of forming
a queue with other voters also so waiting; or
(b) to any person who may under the
provisions of this Ordinance lawfully enter or
remain in such polling station.
(3) Every person who contravenes or fails to
comply with any of the provisions of this section
shall be liable on summary conviction to a fine of
two hundred and forty dollars or to imprisonment
for six months.

77. (1) During the hours that the poll Influencing of
is open upon polling da~ no person shall upon voters to vote
S. for any candi.
any public road or in any public place within date.
one hundred yards of any building in which a
polling station is situate seek to influence any
voter to vote for any candidate or to ascertain
for what candidate any voter intends to vote or
has voted.
(2) Every person who contravenes any of
the provisions of subsection (1) of this section
shall be liable on summary conviction to a fine
of two hundred and forty dollars or to imprison-
ment for six months.







MoNTSrURAT. 48 Montserrat Constitution and Elections. No. 1 of 1952.
Election 78. (1) The returning officer within the
time specified for the. return of any writ shall
forward to the Supervisor of Elections-
(a) the writ with his return in the
Form No. 26, form set out as Form No. 26 in the Second
Schedule endorsed thereon that the candi-
date having the majority of votes has been
elected;
(b) a report of his proceedings show-
ing the number of votes cast for each
candidate at each polling station, and making
such observations as the returning officer
may think proper as to the state of the
election papers as received from the presi-
ding officer;
(c) the number of persons to whom, it
appears from the counterfoils, ballot papers
have been supplied in the electoral district;
(d) the reserve supply of undistributed
blank ballot papers;
(e) the poll book used at each polling
station, a packet containing the counte-foils
and unused ballot papers, packets contain-
ing the ballot papers cast for the several
candidates, a packet containing the spoiled
ballot papers, a packet containing the re-
jected ballot papers and a packet containing
the official lists of voters used at the polling
stations, and the written appointments of
candidates' agents; and

(f) all other documents used for the
election.

(2) The Supervisor of Elections shall, on
receiving the return of any member elected to
serve in the Council, cause it to be entered, in
the order in which such return is received by
him, in a book to be kept by him for such
purpose and thereupon immediately cause a
notice to be published in the (Ga;cte of the
name of the candidate so elected and in the
order in which it was received.







No. 1 of 1952, Montaerrat Constitution and Elections. 49 MO-Ot nar T,

(3) The Superv!sor of Elections shall, on
receiving the return of any member elected to
serve in the Legislative Council, transmit the
writ with the return endorsed thereon to the
Commissioner within the time specified in such
writ. The Commissioner shall within seven
days of the receipt of the said writ return the
same to the Supervisor of Elections for safe
custody in accordance with the provisions of
section 79 of this Ordinance.
(4) The Supervisor of Elections shall, im-
mediately after each general election, cause to
be printed a report giving, by electoral districts,
the number of votes polled for each candidate,
the number of rejected ballot papers, the number
of names on the lists of voters, together with
any other information that he may deem fit to
include; and shall also,'at the end of each year,
cause to. be printed a similar report on the
by-elections held during the year.
(5) If any returning officer wilfully delays,
neglects or refuses duly to return any person
who ought to be returned to serve in the Coun-
cil for any electoral district, and if it has been
determined on the hearing of an election
petition respecting the election for such electoral
district that such person was entitled to have
been returned, the returning officer who has so
wilfully delayed, neglected or refused duly to
make such return of his election shall forfeit to
the person aggrieved the sum of five hundred
dollars and costs in addition to all damages
sustained.
79. (1) The Supervisor of Elections shall Custody of
keep the election documents referred to in lecion doc
subsection (1) of section 78 of this Ordinance
in safe custody and shall allow no person to
have access to them:
Provided that, if an election petition has
been presented questioning the validity of any
election or return, the Supervisor of Elections
shall, on the order of a Judge of the Supreme
Court, deliver to the proper officer of that Court
the documents relating to the election that is in
dispute;







MONISERRAT. 50 Montserrat Constitution and Elections. No. 1 of 1952.
Provided also that after the expiration of
twelve months from the day of any election it
shall be lawful for the Supervisor of Elections
to cause the said documents used at such election
to be burnt.
(2) No such election documents in the
custody of the Supervisor of Elections shall be
inspected or produced except on the order of
a Judge of the Supreme Court; and an order
under this subsection may be made by any such
Judge upon his being satisfied by evidence on
oath that the inspection or production of such
election documents is required for the purpose
of instituting or maintaining a prosecution for
an offence in relation to an election or for the
purpose of a petition which has been filed
questioning'an election or return.
(3) Any such order for the inspection or
production of election documents may be made
subject to such conditions as to persons, time,
place and mode of inspection or production as
the Judge deems expedient.
Custody of 80. (1) Forthwith upon making the re-
ballot boxes. turn to the writ in accordance with the provi-
sions of'section 78 of this Ordinance, the return-
ing officer shall cause the ballot boxes used at
such election, with their locks and keys and the
screens and other appliances used in the polling
station to be deposited in the custody of the
police officer in charge of a police station in the
electoral district.
(2) Upon delivery to him of such ballot
boxes, locks, keys, screens and other appliances
the custodian 'shall issue his receipt and shall at
the next ensuing election, upon request, deliver
such ballot boxes, locks, keys, screens and other
appliances to the returning officer to whom the
writ is directed, taking such returning officer's
receipt.
PART V.
ELECTION PETITIONS.
Petitions 81. A petition complaining of an undue
against elc- return or undue election of a member of the Coun-
tions.
cil (in this Ordinance called an election petition)
may be presented to the Suoreme Court by any one
or more of the following .persons, that is to say-







No. 1 of 1952. Montserrat Constitution and Elections. 51 MONTSERRAT.

(a) some person who voted or had a
right to vote at the election to which the
petition relates;
(b) some person claiming to have had a
right to be returned at such election;
(c) some person alleging himself to have
been a candidate at such election.
82. (1) The following provisions shall Presentation
apply with respect to the presentation of an election of eetio
Ipetiton and
petition- security for
(a) the petition shall be presented within costs.
twenty-one days after the return made by the
returning officer of the member to whose elec-
tion the petition relates, unless it questions the
return or election upon an allegation of
corrupt practices and specifically alleges a pay-
ment of money or other reward to have been
made by any member, or on his account, or
with his privity, since the time of such return,
in 'pursuance or in furtherance of such corrupt
practices, in which case the petition may be
presented at any time within twenty-eight
days after the date of such payment;
(b) at the time of the presentation of
the petition, or within three days afterwards,
security for the payment of all costs, charges
and expenses that may become .payable by the
petitioner-
(i) to any person summoned as a witness
on his behalf, or
(ii) to the member whose election or
return is complained of, or to any
other person named as a respondent
in the petition,
shall be given on behalf of the petitioner;
(c) the security shall be to an amount of
twelve hundred dollars and shall be given by
recognizance to be entered into by any number
of sureties not exceeding four approved by the
Registrar of the Supreme Court, or by deposit
of money in the Supreme Court, or partly in
one way and partly in the other.







MONT'rRRAT. 52 Montserrat Constitution and Elections. No. 1 of 1952.
(2) Rules, not' inconsistent with the provi-
sions of this Ordinance, as to the deposit of security
and the practice and procedure for the service and
hearing of election petitions and matters incidental'
thereto may be made by the Chief Justice.
Avoidance of 83. If a candidate who has been elected
election of is certified bh the Judge who tried the ,election
candidate cer- Jd
tified guilty of petition questioning the return or election of
frlel orc- such candidate to have been personally guilty
twice. or guilty by his agents of any corrupt or illegal
practice his election shall be void.

Avoidance of 84. Where on an election petition it is
election for shown that corrupt or illegal practices or illegal
ruption, etc. payments or employment committed in reference
to the election for the purpose of promoting
or procuring the election of any person threat
have so extensively prevailed that they may be
reasonably supposed to have affected the result,
his election, if he has been elected, shall be
void and he shall be incapable of being elected
to fill the vacancy or any of the vacancies for
which the election was held.

Trial of elee- 85. Every election petition shall be tried in
tion petitions. the same manner as an action in the Supreme
Court by a Judge sitting alone. At the conclusion
of the'trial the Judge shall determine whether the
member of the Council whose return or election is
complained of or any, and what, other person was
duly returned and elected, or whether the election
was void, and shall certify such determination to the
Commissioner, and, upon his certificate being given,
such determination shall be final; and the return
shall be confirmed or altered, or a writ for a new
election issued, as the case may require, in accord-
ance wi-h such determination.

Powers of 86. At the trial of an election petition the
Judge. Judge shall, subject to the provisions of this
Ordinance, have the same powers, jurisdiction and
authority, and witnesses shall be subpoenaed and
sworn in the same manner, as nearly as circum-
stances admit, as in the trial of a civil action in the
Supreme Court, and such witnesses shall be subject
to the same penalties for perjury.







No. 1 of 1952. Montserrat Constitution and Elections. 53 MONTSERRA.

PART VI.
ELECTION OFFENCES.
87. (1) No intoxicating liquor shall be. Intoxicating
sold, offered for sale, or given away at any liquornot to
be sold or
premises situate in any electoral district in given on poll-
which an election is being held, to which a ing day.
licence issued under the Liquor Licence Ordi-
nance, 1896, applies, at any time between the 7/1896.
opening and the closing of the poll on polling day.
(2) Any person who contravenes the provi-
sions of this section shall be liable on summary
conviction to a fine of five hundred dollars or to
imprisonment for six months.
88. (1) Every employer shall, on polling Employers to
day, allow to every voter in his employ a reason- allow m-
ployees time,.
able period for voting, and no employer shall
make any deduction from the pay or other
remuneration of any such voter or impose
upon or exact from him any penalty by reason
of his absence during such period.
(2) Any employer who, directly or indi-
rectly, refuses, or by intimidation, undue influ-
ence, or in any other way, interferes with the
granting to any voter in his employ of such
period for voting, as in this section provided,
shall on summary conviction be liable to a fine
of five hundred dollars or to imprisonment for
six months.
89. Every election officer who- offences by
(a) makes, in any record, return or election
other document which he is required to officers.
keep or make under this Ordinance, any
entry which he knows or has reasonable
cause to believe to be false, or does not
believe to be true; or
(b) permits any person whom he knows
or has reasonable cause to believe not to be a
blind person, an illiterate person or an in-
capacitated person to vote in the manner pro-
vided for blind persons, illiterate persons or
incapacitated persons, as the case may be; or
(c) refuses to permit any person whom
he knows or has reasonable cause to believe
to ie a blind person, an illiterate person or








MONTSERRAT. 54 Montserrat Constitution and Elections. No. 1 of 1952.


an incapacitated person to vote in the
manner provided for blind persons, illiterate
persons or incapacitated persons, as the case
may be; or
(d) wilfully prevents any person from
voting at the polling station at which he
knows or has reasonable cause to believe
such person ;.s entitled to vote; or
(e) wilfully rejects or refuses to count
any ballot paper which he knows or has
reasonable cause to believe is validly cast for
any candidate in accordance with the provi-
sions of this Ordinance; or
( f) wilfully counts any ballot paper as
being cast for any candidate, which he
knows or has reasonable cause to believe
was not validly cast for such candidate,

shall be guilty of an offence against this section
and, on conviction on indictment, shall be liable
to be imprisoned for any term not exceeding two
years.

90. (1) No person shall furnish or supply
any loud speaker, hunting, ensign, banner,
standard or set of colors, or any other flag, to
any. person with itent that it shall be carried,
worn or used on motor cars, trucks oi other
vehicles, ns political propaganda, on polling day,
and no person shall, with any such intent, carry,
wear or use, on motor cars, trucks or other vehi-
cles, any such loud speaker, hunting, ensign,
banner, standard or set of colours, or any other
flag, on polling day.

(2) No person shall furnish or supply any
fl'g, ribbon, label or like favour to or for any
person with intent that it be worn or used by any
person within any electoral district on polling
lay as a party Iadge to distinguish the wearer
as the supporter of any candidate, or of the
political or other opinions entertained or supposed
to be entertained by such candidate, and no per-
son shall use or wear any flag, ribbon, label or
other favour, as such badge, within any electoral
district on polling day.


Loudspeakers,
ensigns, ban-
nerB, etc. pro-
hibited on
polling day.









Flags, ribbons
or favours not
to be fur-
nished or
worn.








No. 1 of 1952. Montserrat Constitution and Elections. 55

(3) Nothing contained in either subsection
(1) or subsection (2) of this section shall be
deemed to extend to the furnishing or supplying
of any banner bearing only the name of any
candidate or only such name preceded by the
words "Vote for" or of any rosette or to the
use of any such banner on any vehicle or of any
such rosette,
(4) Any person who contravenes any of the
provisions of this section shall be liable oii sum-
mary conviction to a fine of one thousand dollars
or to imprisonment for six months.
91. The following persons shall be deemed
guilty of bribery within the meaning of this
Ordinance-
(1) Every person who, directly or indirectly,
by himself or l)y any other person on
his behalf, gives, lends, or agrees to
give or lend, or offers, promises, or
promises to procure or to endeavour to
procure any money or valuable con-
sideration to or for any voter, or to or
for any person on behalf of any voter,
or to or for any other person in order to
induce any voter to vote or refrain
from voting, or corruptly does any
such act as aforesaid on account of any
voter having voted or refrained from
voting at any election.
(2) Every person who, directly or indirectly,
by himself or by any other person on his
behalf, gives or procures, or agrees to give
or to procure, or offers, promises, or prom-
ises to procure or to endeavour to
procure, any office, place or employment
to or for any voter, or to or for any
person on behalf of any voter, or to or for
any other person in order to induce such
voter to vote or refrain fr,)j v\oilng, or
corruptly does any such act as aforesaid
on account of any voter having voted
or refrained from voting at any election.
(3) Every person who, directly or indirectly,
by himself or by any other person on his
behalf, makes any such gift,. loan, offer,
promise, procurement or agreement as


MIONTSBRRAT.


Definition of
bribery.








MONTSrURAT. 56 Montserrat Constitution and Elections. No. 1 of 1952.


aforesaid to or for any person, in order to
induce such person to procure, or endeav-
our to procure, the return of any person
as an elected member of the Council, or
the vote of any voter at any election.

(4) Every person who, upon or in conse-
quence of any such gift, loan, offer,
promise, procurement or agreement,
procures or engages, promises or endeav-
ours to procure the return of any per-
son as an elected member of the Council
or the vote of any voter at any election.

(5) Every person who advances, or pays
or causes to be paid, any money to or to
the use of any other person with the
intent that such money, or any part
thereof, shall be expended in bribery at
any election, or who knowingly pays or
causes to be paid any money to any
person in discharge or repay ent of any
money wholly or in part expended in
bribery at any such election.

(6) Every voter who, before or during any
election, directly or indirectly, by him-
self or by any other person on his
behalf, receives, agrees, or contracts for
any money, gift, loan or valuable con-
sideration, office, place, or employment
for himself or for any other person, for
voting or agreeing to vote, or for refrain-,
ing or agreeing to refrain from voting
at any election.

(7) Every person who, after any election,
directly or indirectly, by himself or by
any other person on his behalf, receives
any money or valuable consideration on
account of any person having vdtcd or
refrained from voting, or having in-
duced any other person to vote or
refrain from voting at any such elec-
tion,







No. 1 of 1952. Montserrat Constitution and Elections. 57


(8) The foregoing provisions of this section
shall not extend or be construed to ex-
tend to any money paid or agreed to be
paid for or on account of any legal ex-
penses incurred in good faith at or con-
cerning an election.
(9) For the purpose of this section "legal
expenses includes-
(a) the payment of the agents,
clerks, canvassers and messengers
of candidates;
(b) payments made for the
purpose of hiring vehicles for the
conveyance of voters to or from
a polling station;
(c) payments made for the use
of any premises for a public meet-
ing in furtherance of the candida-
ture of any person or for the use
of any committee room or office
for the purpose of promoting or
procuring the election of a candi-
date;
(d) payments made in respect
of postage, stationery, printing,
advertising, the distribution of
advertising material and the use of
any public address system.
92. The following persons shall be deem- Definition of
ed guilty of treating within the meaning of this treating.
Ordinance:-
(1) Every person who corruptly, by himself
or by any other person, either before,
during or after an election, directly or
indirectly, gives, or provides or pays,
S wholly or in part, the expenses of giving
or providing any food, drink, entertain-
ment or provision to or for any person
for the purpose of corruptly influencing
that person, or any other person, to vote
or to refrain from voting at such elec-
tion, or on account of such person or
any other person having voted or re-
frained from voting at such election.


MONTSERRAT.








MONTBERRAT. 58 Montserrat Constitution and Elections. No. 1 of 1952.

(2) Every voter who corruptly accepts or
takes any such food, drink, entertain-
ment or provision.
Definition of 93. Every person who, directly or indi-
uldue in- rectly, by himself or by any other person on his
behalf, makes use of'or threatens to make use of
any force, violence, or restraint, or inflicts or
threatens to inflict, by himself or by any other
person, any temporal or spiritual injury, damage,
harm or loss upon or against any person, in
order to induce or compel such person to vote or
refrain from voting or on account of such person
having voted or refrained from voting at any
election, or who by abduction, duress or any
fraudulent contrivance, impedes or prevents the
free exercise of the franchise of any voter, or
thereby compels, induces or prevails upon any
voter either to give or refrain from giving his
vote at any election, shall he guilty of undue
influence within the meaning of this Ordinance.
Definition of -94. Every person who at an election
personation. applies for a ballot paper in the name of another
person, whether that name be the name of a
person living or dead, or of a fictitious person, or
who, having voted once at any election, applies
at the same election for a ballot paper in his own
name, shall be guilty of personation within the
meaning of this Ordinance.

Penalty for 95. Every person who is guilty of bribery,
riery reat- treating or undue influence under the provisions
influence, of this Ordinance -shall on summary conviction
thereof be liable to imprisonment for six months
or to a fine of four hundred and eighty dollars.

Penalty for 96. Every person who is guilty of person-
personation. nation, or of aiding, abetting, counselli:ig or,
procuring the commission of the offence of per-
sonation shall, on conviction thereof on indict-
ment, be liable to imprisonment for two years.

Disqualifioa- 97. Every person who is convicted of
tion for bribery, treating, undue influence or personation,
bribery &c. t
or of aiding, counselling or procuring the commis-
sion of the offence of personation shall (in addition








No. 1 of 1952. Mlontserrat Constitution and Elections. 59 MoNTsZRaA+.


to any other punishment) be incapable during a
period of seven years from the date of conviction-
(a) of being registered as a voter, or
voting at any election;
(b) of being elected a member of the
Council or, if elected before his conviction, of
retaining his seat as such member.

98. (1) Every person who-
(a) votes, or induces or procures any
person to vote, at any election, knowing that
he .or such other person is prohibited by this
Ordinance, or by any law in force in the
Presidency, from voting at such election;
(h) before' or during an election know-
ingly publishes a false statement of the with-
drawal of a candidate at such election for the
purpose of promoting or procuring the election
of another candidate;
(c) between the date of the publication
in the CGanette by the returning officer of
a notice in accordance with the provisions
of subsection (1) of section 51 of this Ordi-
nance and the day after polling at the election,
whether in a general election or in a by-elec-
tion, acts in a disorderly manner, with intent
to prevelit the transaction of the business of
ai public meeting culled for the purpose of
promoting the election of a candidate as a
member to serve in the Council,
shall be..guilly of an illegal practice, and shall, on
sumlmaryV conviction thereof, be liable to a fine of
four hundred and eighty dollars and be incapable,
during a period of five years from the date of con-
viction, of being registered as a voter or of-voting
at' any election.
(2) Every person who, between the date of the
publication in the (Gaette by the returning officer of
a notice in accordance with the provisions of sub-
section (1) of section 51 of .this Ordinance and
the day after polling at the election, whether in a
general election or in a by-electin, incites, combines
or conspires with others to act in a disorderly
manner with intent to prevent the transaction of the
business of a public meeting called for the purpose


Penalty for
certain illegal
practices at
elections.




























Offencn to
incite or con-
spire to dis-
rupt public
meetings of
candidates.







IONTSNBRAT. 60 Montserrat Constitution and Elections. No. 1 of 1952.

of promoting the election of a candidate as
a member to serve in the Council, shall be guilty
of an illegal practice and shall, on conviction on
indictment thereof, be liable to imprisonment for
two years, and be incapable, during a period of
five years from the date of conviction, of being
registered as a voter or of voting at any election.
Offence in 99. Every person who-
respect of
ballot papers (a) forges or counterfeits, or fraudulently
defaces or destroys, any ballot paper; or
(b) without due authority supplies a
ballot paper to any person; or
(c) fraudulently puts into any ballot box
any paper other than the ballot paper which
he is authorised by law to put in; or
(d) fraudulently takes out of the polling
station any ballot paper; or
(e) without due authority destroys, takes,
opens, or otherwise interferes with any ballot
box or packet of ballot papers then in use
for the purposes of any election; or
(f) not being duly registered as a voter,
votes at an election,
shall be liable on summary conviction, if he is
an election officer, to imprisonment for six months
or to a fine of four hundred and eighty dollars, and,
if he is any other person, to imprisonment for three
months or to a fine of two hundred and forty
dollars.
In any information or prosecution for an
offence in relation to the ballot boxes, ballot papers,
and other things in use at an election, the property
in such ballot boxes, ballot papers, or things may
be stated to be in the returning officer at such
election.

Infringement 100. (1) Every election officer and every
of secrecy. agent appointed under the provisions of section
61 of this Ordinance in attendance at a polling
station shall maintain and aid in maintaining the
secrecy of the voting in such station, and shall
not communicate except for some purpose
authorized by law, before the poll is closed, to
any person any information as to the name or
number on the list of voters of any voter








No. 1 of 1952. Montserrat Constitution and Elections. 61 MONTSERRAT.


who has or has not applied for a ballot paper or
voted at that polling station, and no person shall
interfere with or attempt to interfere with a
voter when marking his vote or otherwise
attempt to obtain in the polling station any
information as to the candidate for whom
any voter in such station is about to vote or has
voted.
(2) Every election officer and every such
agent in attendance at the counting of the
votes shall maintain and aid in maintaining the
secrecy of the voting and shall not attempt to
communicate any information obtained at such
counting as to the candidate for whom any
vote is given in any particular ballot paper.
(3) No person shall, directly or indirectly,
induce any voter to display his ballot paper
after he has marked it so as to make known to
any person the name of the candidate for
whom or against whose name he has so marked
his vote.
(4) Every person who acts in contravention
of any of the provisions of this section shall be
liable, on summary conviction, to imprisonment
for six.months or to a fine of two hundred and
forty dollars.
PART VII.

MISCELLANEOUS PROVISIONS.

101. No voter who has voted at any election
shall, in any legal proceedings to question the
election or return, be required tc state for whom he
voted.
102. At any election a person shall not be
entitled to vote unless his name is on the Register of
Voters for the electoral district in which he resides,
and every person whose name is on such Register
shall, subject to the provisions of this Ordinance,
be entitled to demand and receive a ballot paper
and to vote:
Provided that nothing in this section shall
entitle any person to vote who -is prohibited from
voting by any law in force in the Presidency, or
relieve such person from any penalties for which
he may be liable for voting.


No obligation
on voter to
disclose vote.


Conolusive-
ness of Regis-
ter of Voters.







h'ONTSEICAT. 62 Montserrat Constitution and Elections. No. 1 of 1952.
Power to make 103. (1) The Governor in Council may
remulatio ake regulations generally for giving effect to the
provisions of this Ordinance and without prejudice
to such general power may make regulations-
(a) with respect to tle incurring of
expenses and the making of payments by or on
behalf of a candidate, whether before, during
or after an election, on account or in respect
of the conduct of such election;
(b) requiring the appointment of an
election agent through or by. whom all such
expenses or payments as aforesiid shall be
incurred or made;
(c) fixing the maximum amount of
expenses and payments that m iy be incurred
or paid, whether before, during or after an
election, on account or in respect of the conduct
of such election;
(d) fixing the time within which all
election expenses shall be paid;
(e) requiring a return of election ex-
penses and payments and prescribing the form
in which the same shall be made and verified;
( f) prescribing the remuneration and
travelling allowances and other expenses
which may be paid to officers appointed
under this Ordinance;
(q) prescribing the duties of returning
officers and the procedure to be followed in the
performance of their duties;
(h) adding to, rescinding, varying or
amending any of the forms contained in the
Second Schedule; and
(i) prescribing penalties for the breach
of any regulations made hereunder.
(2) Any regulations made under the provi-
sions of subsection (1) of this section may, in
specifying any offence or offences, further specify
that any R-ih offence shall be deemed to be an
illegal practice,







No. 1 of 1952. Montseroat Constitution and Elections. (;3 MONTSEBRaT.

(3) An election petition may be presented in
respect of any illegal practice declared by such
regulations to Ie a ground for presenting such
petition, and the provisions of sections 81, 82, 85,
and 86 of this Ordinance shall, subject to such
regulations, apply to petitions presented in respect
S of illegal practices.

104. All expenses properly incurred by, and Expenses of
all remuneration and travelling allowances payable elections.
r to, officers under this Ordinance shall be defrayed
out of the general revenue of the Presidency.

105. (1) In reckoning time for the purposes Computation
of this Ordinance, Sunday shall be included but of time.
Christmas Day, Good Friday and any bank holiday
shall be excluded.

(2) Where anything required by this Ordinance
to be done on any day falls to be done on Sunday
or on any such excluded day, that thing may be
done on the next day, not being one of such
excluded days.

106. Save as otherwise provided in this Repeal.
Ordinance the Ordinances mentioned in the Third
Schedule to this Ordinance are hereby repealed.

CIIARLESWORTH ROSS,
President.
Passed the Legislative Council this 23rd day
of January, 1952.

SJ. E. T. ROBERTS,
Clerk of the Council.








MONTSrSRRT, 64 Montserrat Conslilution and Elections. No. 1 of 1952.

FIRST SCHEDULE.
Section 36.


Electoral Districts. Extent.
(1) Southern All that portion of the Island of Mont-
serrat bounded as follows:-

NORTH-by an imaginary line running

from the mouth of the Belham River

in a south-easterly direction along

Weekes River and Mile Gut to the

summit of Farrell's Mountain thence
in a south-easterly direction to Gut

Maframey on the sea: and

SOUTH, East and West by the sea.

(2) Windward All that portion of the Island of
Monteerrat bounded as follows:-

NORTH.-by an imaginary line from
the sea at Bottomless Gut running

in a south-westerly direction to

the northern point of Windy Hill

Ridge;

SOUTH--by an imaginary line from
the summit of Farrell's Mountain

running in, a south-easterly direc-

tion to Gut Maframey and on to the

sea: and

WEST-by an imaginary line from
the Centre Hills at the northern
point of Windy Hill Ridge along

the public road at Windy Hill Ridge

to the summit of Farrell's Moun-

tain,







No, 1 of 1952. Montserrat Constitution and Elections, 65 MONTSTERAT.

FIRST SCHEDULE (cont'd),
Section 86.

Electoral Districts. Extent.

(3) Central All that portion of the Island of
Montserrat bounded as follows:-

NORTH-by an imaginary line from
the mouth of Soldier Gut running
in a south-easterly direction to the
northern point of Windy Hill
Ridge;

SOUTH-by the northern boundary
of Southern Electoral District;
EAST-by the Western boundary of
the Windward Electoral District;
and

West-by the sea.

(4) Northern All that portion of the Island of
Montserrat bounded as follows:-

NORTH, EAST and WEST by the
sea; and
SOUTH--by an imaginary line from
the mouth of Soldier Gut running
in a south-easterly direction to the
northern point of Windy Hill
Ridge and thence in a north-
easterly direction to the mouth of
of Bottomless Gut.









MONTSERRAT. 66 Montserrat Constitution and Elections. No. 1 of 1952.

SECOND SCHEDULE.

Form No. 1. SECTION 43 (1)

NOTICE TO PERSONS ENTITLED TO VOTE.

Electoral District of...................................................

All persons qualified as voters for the election of a member of the
Legislative Council of Montserrat residing in the electoral district of
who desire to have their names inserted
in the list of voters for the said electoral district are hereby required
to deliver, or cause to be delivered, their claims in writing for that
purpose on or before the day of to the register-
ing officer of the said electoral district at.....................................

Every claimant to be registered as a voter shall, if he is able so to
do, with his own hand subscribe his name and the date of such sub-
scriptiopi to the notice of his claim to be registered as a voter.

If any such claimant is unable by reason of illiteracy, blindness or
any other physical cause to perform the subscription mentioned in the
preceding paragraph, such subscription shall be performed on his
behalf by the registering officer who shall witness the same by
subscribing his own signature to the notice of claim of such claimant.

Dated this day of 19

Supervisor of Elections.

Form No. 2. SECTION 43 (2)
NOTICE OF CLAIM TO BE REGISTERED AS A VOTER.

TAKE NOTICE that I.................................... ..............

of...... ................ ........ .. ... ..... ..................
(Place of residence)

(Occupation)
hereby claim to have my name inserted in the list of voters of the
electoral district of

In doing so I hereby declare that I-
(a) have attained the age of twenty-one years;
(b) am not a lunatic so found under any law in force in the
Presidency;
(c) am a British subject;
(d) (i) have resided in the Presidency for twelve months
immediately preceding this date; or
(ii) am domiciled in the Presidency and am resident
therein at this date;
(e) am not disqualified under the provisions of the Montserrat
Constitution and Elections Ordinance, 1952, from being registered
as a voter;
(f) have not claimed to have my name inserted in the list of
voters of any other electoral district.









No. 1 of 1952. Montserrat Constitution and Elections, 67 MQOTBSRRAT.

And I further declare that-

(i) I have not been sentenced by any Court in His Majesty's
Dominions or in any territory under His Majesty's pro-
tection to death, or penal servitude, or imprisonment for a
term exceeding twelve months, without having suffered
the punishment to which I was sentenced or such other
punishment as by competent authority may have been
substituted for the same or without having received a
free pardon from His Majesty.

(ii) I have with my own hand subscribed my name and the
(late to this claim and declaration; or I am incapacitated
by reason of illiteracy, blindness or.........................
from writing.


Dated this


day of


(Signed)


In the presence of:-


FORM No. 3.
LIST OF VOTERS.


SECTION 44. (1)


Electoral district of


Name of Voters.
(family name first)


FORM No. 4.


SECTION 45 (1).


NOTICE OF CLAIM.

To the registering officer of the electoral district of

TAKE NOTICE that I.......................................................

of...... .............. .............................................
(Place of residence)


(Occupation)


Location of
residence.








MONTSERRAT. 68 Montserrat Constitution and Elections. No. 1 of 1952.

am qualified for inclusion in the listt of voters for the electoral district
of
and that my name, address and occupation have been [omitted from]
[wrongly stated in] such list and that I hereby claim that such list he
amended fby the insertion of rmy name, address and occupation therein]
[by the correction of the particulars therein relating to my name,
address and occupation, as follows, ].

(Strike out bracketed words not applicable.) t
Dated this day of 19

Signature of Claimant.



Form No. 5 SECTION 45 (2)
(1) NOTICE OF OBJECTION.

To the registering officer of the electoral district of

TA E NOTICE that I.........................................................
(Name of Objector)
of.... ...... ................................... .... .........
(Place of Residence)

(Occupation)
am qualified for inclusion in the list of voters for the electoral district
of and am so included:

And that I object to the inclusion therein of
on the ground that such person is disqualified for inclusion therein by
reason of............*.................................................

Dated this. day of 19

Signature of Objector.



(2) NOTICE TO PERSON OBJECTED TO.
To 0. D. of

I, of
being a person whose name is included in the list of voters for the
electoral district of
hereby give you notice that I object to your name being retained
on the list of voters, for the electoral district abovementioned on the
grounds that..... ............ ............. ............... ... .... ................
and that you will be required to prove your qualification at the time
of the revising of the said list.

Dated this day t 19


Signature of Oblector.








No. 1 of 1952. Montserrat Constitution and Elections. 69 MoNTSERRAT


Form No. 6


SECTION 46 (2)


REVISION NOTICE.

TAKE NOTICE that the lists of voters for the electoral district
will be revised by me


the undersigned on the


Dated this


day of


day of


o'clock.


19


Revising Oficer


Form No. 7


SECTION 50.


WRIT OF ELECTION.

GEORGE THE SIXTH, by the Grace of God, of Great Britain,
Northern Ireland and the British Dominions beyond the
Seas, King, Defender of the Faith.


To the returning officer of the electoral district of

WHEREAS by subsection (1) of section 50 of the Montserrat
Constitution 'and Elections Ordinance, 1952, it is provided that for the
purpose of every general election of members of the Council, and for
the purpose of the election of members to supply vacancies caused by
death, resignation or otherwise, the Commissioner shall issue writs of
election under the Public Seal of the Presidency, addressed to the
returning officers of the respective electoral districts for which members
are to be returned:


*AND WHEREAS I think it expedient that writs should be issued
for the election of members to serve in the Council:


*To be included in a writ for a general election,








MONTSERRAT. 70 Montserrat Constitution and Elections. No. 1 of 1952.

tAND WHEREAS the seat of the elected member for the electoral
district of has become vacant in consequence of
*...... ,,......,............. ...........................................,, .....

NOW, THEREFORE, I,
Commissioner of the Presidency of Montserrat do hereby require that
you proceed to the nomination of candidates on
the day of 19 at and thereafter, if
necessary, you do on the day of 19 between
the hours of o'clock in the forenoon and o'clock in the after-
noon, cause election to be made according to law of a member to serve
in the Legislative Council of the Presidency for the said electoral
district and that you do cause the name of such member when so
elected to be certified to me not later than the day of
19
Given under my hand and the Public Seal of the Presidency
this day of 19 and in the
year of His Majesty's reign.

Commissioner.

t To be included in a writ for a by-election.



Form No. 8. SECTION 51 (1)
NOTICE OF NOMINATION.
The Commissioner having issued his Writ of Election for the
election of a member of the Legislative Council for the electoral
district of the returning officer for the said
district will on the day of 19
now next ensuing between the hours of ten o'clock in the forenoon and
one o'clock 'in the afternoon and between the hours of two o'clock
and four o'clock in the afternoon at proceed
to the nomination of a member for the electoral district of


Dated this day of 19

Returning Officer
for the electoral district of



Form No. 9. SECTION 51 (3)

NOMINATION PAPER.
We, the undersigned voters for the electoral district of
do hereby nominate the following person as a proper person
to serve asmember of the Legislative Council of Montserrat for the said
electoral district of and we certify that to the best
of our belief he is qualified for election as a member of the Legislative
Council.








No. 1 of 1952. Montserrat Constitution and Elections. 71 MONTSERrhAT


Surname. Other Name. Address. Occupation.








Signatures

I nominated in the
foregoing nomination paper hereby consent to such nomination as
candidate for election as a member of the Legislative Council for the
electoral district of

Witness my hand this day of 19

Signature of Candidate.
Signed by the said nominee in the presence of:-

Signature of Witness.


Form No. 10.


SECTION 51 (6).


RETURN OF UNCONTESTED ELECTION

I hereby certify that the member elected for the Electoral District

of..........................................in purstance of the within Writ is

....................................... .... .... .............................................


(Insert name, address and occupation of member elected as stated on the nomination
paper.)

no other candidate having been nominated.


Dated at


day of


Returning Officer.

Form No. 11. SECTION 54 (2).

NOTIFICATION OF ELECTION.

TAKE NOTICE that a poll will be taken for the election of a
\ member for the electoral district of
to serve in the Legislative Couhcil.









MONTSERRAT. 72 Montserrat Constitution and Elections. No. 1 of 1952.

The poll will be opened on the day of
19 at the hour of in the forenoon and kept open till
the hour of in the afternoon in the following polling
stations established in the said electoral district, that is to say:--

Address of Polling Stations: Voters allotted thereto:
.... ....d.....d...... o l.... .................... ...... o o
......... .................. ............
........................................ ....... .................
.............................. ....... ... .... .... .. ..........

The Candidates in the above electoral district are as follows:-


Candidates:--



The number
counted on the
o'clock in the
hereby required to

Dated this


............... .................................-.. o.. o, oo ...


of votes given to the several candidates will be
day of 19 at
noon at of which all persons are
take notice and govern themselves accordingly.

day of 19

Returning Ofier for the
electoral district of.........................


Form No. 12.


SECTION 38 (6).


OATH OF REGISTERING OFFICER.

I, do swear that I will
faithfully perform all the duties of registering officer of the electoral
district of in accordance with the provisions of
the Montserrat Constitution and Elections Ordinance, 1952, to the best
of my ability.


Sworn before me


Registering Officer.


Date................. .........


Form No. 12A.


SECTION 39 (3).


OATH OF RETURNING OFFICER.

I having
been appointed returning officer for the electoral
district do swear that I will faithfully perform all the duties of such








No. 1 of 1952. Montserrat Constitution and Elections. 73 MONTSERRAT.

returning officer in accordance with the provisions of the Montserrat
Constitution and Elections Ordinance, 1952, to the best of my ability.

Returning Officer.
Sworn before me

D ate............... ......................... ...... ... .. ........... ... .........


Form No. 13. SECTION 57 (2).

OATH OF PRESIDING OFFICER.

I,
the undersigned, appointed Presiding Officer for the Polling Station
at.................................. in the Electoral District of.................
swear that I will act faithfully in my said capacity of Presiding Officer,
according to law, without partiality, fear, favour or affection, and that
I will keep secret the names of the candidates for whom any of the
voters in the above-mentioned Polling Station marks his ballot paper in
my presence at this election.

SO HELP ME GOD.


Presiding Officer.

Sworn before me at this day
of 19



Form No. 14. SECTION 58 (2).

OATH OF POLL CLERK.
I,
the undersigned, appointed as Poll Clerk for the Polling Station
at............................... in the Electoral District of......................
swear that I will act faithfully in my capacity of Poll Clerk
and also in that of Presiding Officer if required to act as such, accord-
ing to law, without partiality, fear, favour or affection, and that I will
keep secret the names of the candidates for whom any of the voters in
the above-mentioned Polling Station marks his ballot paper in my
presence at this election.

SO HELP ME GOD.


Poll Clerk.

Sworn before me at this day of
19


I...I....... I......... ....,.......... ......I- ..........l








MONTSERRAT. 74 Montserrat Constitution and Elections. No. 1 of 1952.

Form No. 15. SECTION 60 (2)
DIRECTIONS FOR THE GUIDANCE OF VOTERSS.

1. Each voter may vote only at one polling station. In the
Southern Electoral District the voter may vote for two candidates but
may not give more than one vote to any candidate. In every other
electoral district the voter may vote for only one candidate.
2. The voters will go into one of the compartments and, with the
pencil provided in the compartment, place a cross on the right hand
side, opposite the name of the candidate for whom he votes, thus X.

For example:-Supposing John Jones and George Smith are the
candidates for election and the voter wishes to vote for Jones,
he must place a cross opposite Jones' name as follows:-

Jones, John
Parliament Street. X
Shopkeeper.


Smith, George
Chapel Street.
Carpenter.

In the Southern Electoral District the voter will place a cross
opposite the name of each of the two candidates for whom he votes.

3. The voter shall then fold the ballot paper so that the initials of
the presiding officer and the numbers on the counterfoil can be seen
and the counterfoil detached without opening the ballot paper; he
shall then return the ballot paper so folded to the presiding officer who
shall in full view of those present including the voter remove the
counterfoil and place the ballot paper in the ballot box. The voter
shall then forthwith quit the polling station.

4. If the voter inadvertently spoils a ballot paper, he can return
it to the presiding officer who will, if satisfied of such inadvertence,
give him another paper.
5. If the voter places any mark on the paper by which he may
afterwards be identified or if-
(i) at a general election in the Southern Electoral District he
votes for more than two candidates, or
(ii) in any other electoral district he votes for more than one
candidate; or
(iii) at a by-election he votes for more than the number of
candidates to be elected;

then his ballot paper will be void and will not be counted.
6. If the voter takes a ballot paper out of the polling station or
deposits in the ballot box any other paper than the one given him by
the presiding officer, he shall be liable on summary conviction to
imprisonment for three months or to a fine of two hundred and forty
dollars.
















Consecutive
number
given each
voter as he
applies for Name of
Ballot. Voter.


(a) If sworn inserb "sworn ", and nun
(b) When Ballot put into Ballot Box i


Form No. 16. SECTION 67 (4) 4

POLL BOOK.

Particulars of persons applying
Particulars of Voter, for Ballot Papers after another
person has voted as such person. Objec-
tions if
Form any made
Consecu- numbers (a)(b) Conseu-on behalf Remarks.
tiveNo. of Oaths tie No. Recordthat of any
of Voter if any Recd Record Name. of voter Oath sworn. Candi-
on list of voter is that ath that voter on list of dates.
sworn or ha$ voted. Voters.
Voters. required refused ha voted. Voters.
to swear.













s:

o



aber of the Oath; if refused insert "refused to be sworn."
insert voted."








MONTSERRAT. 76 Montserrat Constitution and Elections. No. 1 of 1952.

Form No. 17. SECTION 62 (2).
BALLOT PAPER.


No. 6700 GENERAL ELECTION.....................

No. 6700 .................................Electoral District.





Polling Day........... ............ Space for Initial of P.O.


Do not fold beyond this line.


1. JAMES, JOHN P.
Parliament Street,
Shopkeeper. '


2. ROBINSON, PETER F.
Chapel Street,
Carpenter.


3. SMITH, GEORGE R.
George Street,
Mechanic.



Form No. 18. SECTION 71 (1).
OATH OF' IDENTITY OF A VOTER RECEIVING A BALLOT PAPER
AFTER ANOTHER HAS VOTED IN HIS NAME.

You swear that you are.................................. ...............
(Name as on list of Voters)
of.................... ............... ....... .. ............................
(Address as on list of Voters)
whose name is entered on the list of Voters now shown you.

SO HELP YOU GOD.

Form No. 19. SECTION 71 (3)

OATH OF INCAPACITATED VOTER.

You swear that you are incapable of voting without assistance by
reason of physical incapacity.

SO HELP YOU GOD.








No. 1 of 1951. Montserrat Constitution and Elections. 77 MONTSEHRAT.

Form No. 20. SECTION 71 (4).

OATH OF BLIND OR ILLITERATE VOTER.

You of
swear that you are incapable of voting without assistance by reason of
your [inability to see] [illiteracy].

SO HELP YOU GOD.

Form No. 21. SECTION 71 (5).

OATH OF FRIEND OF BLIND OR ILLITERATE VOTER.

1. You swear that you will keep secret the name of the candi-
date for whom you mark the ballot paper of the blind/illiterate
voter on whose behalf you act.

2. That you have not already acted as the friend of a blind or illit-
erate voter for the purpose of marking his ballot paper at this election.

SO HELP YOU GOD.



Form No. 22. SECTION 72 (1).

OATH THAT THE VOTER IS THE PERSON INTENDED TO BE
REFERRED TO IN THE LIST OF VOTERS.
You swear that you are qualified to vote at this election of a mem-
ber to serve in the Legislative Council and are not disqualified from
voting threat and that you verily believe that you are the person
intended to be referred to by the entry in the List of Voters used 'at
this Polling Station, of the name................................ ...............
whose occupation is given as........................................ ...... and
whose address is given as............................................. ..........

SO HELP YOU GOD.



Form No. 23. SECTION 72 (2).

OATH OF QUALIFICATION.
You swear

1. That you are a British subject of the full age of twenty-one
years.

2. That you have resided in the Presidency for a period of at
least twelve months immediately prior to the date of your registration
as a voter.
3. That you are domiciled in the Presidency and were resident
in the Presidency at the date of your registration as a voter.









M oNTrSBRT, 78 Montserrat Constitution and Elections. No. 1 of 1952.

4. That you are not within any of the classes of persons who
lack qualification or are disqualified by reason of crime or mental
incapacity.
5.. That you are not disqualified under the provisions of the
Montserrat Constitution and Elections Ordinance, 1952.
6. That you are not the returning officer for this electoral district.
SO HELP YOU GOD.

Note:- Paragraph 3 is alternative to paragraph 2,


Form No. 24. SECTION 73 (2).

OATH OF AGENT OF A CANDIDATE.

I ..............................................................the undersigned,
agent for.................................................... one of the candidates
at the election of a member of the Legislative Council held on this day
in the...................................................... ........ electoral district
do swear that I will keep secret the names of the candidates for whom
any voter voting at this polling station marks his ballot paper in my
presence at this election.
0O HELP ME GOD.

Signature.

Sworn before me at.................................. this...........day of
..... ....................... 19 .......
.................................... 19......................................


Form No. 25. SECTION 74 (2).

OATH OF MESSENGER SENT TO COLLECT BALLOT BOXES.
I,
Messenger appointed by Returning
Officer for the Electoral District do
swear that the several boxes to the number of which
were used at the Polling Station at..........................of this Electoral
District on polling day now delivered by me to
were handed to me by
that they have not been opened by me or any other person and that
they are in the same state as they were in when they came into my
possession.

Signature.

.Sworn before me at this day of
,19


.. .. .. ... . .. . ......









No. 1 of 1952. Montserrat Constitution and Elections. 79 MONTSERRAT.

Form No 26. SECTION 78 (1).

RETURN AFTER POLL HAS BEEN TAKEN.

I hereby certify that the member elected for the

Electoral District in pursuance of the within Writ as having received

the majority of votes lawfully given is...................... .................


(name, address and occupation as stated in Nomination Paper.)


Returning Officer.



THIRD SCHEDULE.

REPEALED ENACTMENTS.
Section 106.

No. and Short title.
Year.


16/1936 The Montserrat Constitution Ordinance, 1936.

4/1950 The Legislative Council (Extension of Duration) Ordi-
nance, 1950.

8/1951 The Legislative Council (Registration of Voters) Ordi-
nance, 1951.

9/1951 The Legislative Council (Extension of Duration) Ordi-
nance, 1951'.













ANTIOUA.
Printed at the Government Printing Offre, Leeward Islands,
by E. M. BLACKMAN. Government Printer.-By Authority.
1942,
47/0010--455--1.52. LPrioe 81 auia.]










LEEWARD


ISLANDS.


ANTIGUA.


STATUTORY RULES AND ORDERS.
1952, No. 2.


THE POTS OF ENTRY (ENGLISH HARBOUR) (AMENDMENT)
ORDER, 1952, DATED JANUARY 29, 1952, MADE BY THE
GOVERNOR IN COUNCIL UNDER SECTION 5 OF THE TRADE
AND REVENUE ORDINANCE, 1900, (No. 8 OF 1900) AS
AMENDED.


1. Short Title. This Order may be cited as the Ports
of Entry (English .Harbour) (Amendment) Order, 1952, and.
shall be read and construed as one with the Ports of Entry
(English Harbour) Order, 1951, (S.-R. & 0. 1951, No. 1)
hereinafter called the Principal Order.


2. Amendment. The Principal
amended by the deletion of paragraph 4.

Made by the Governor in Council
January, 1952.


Order is hereby


the 2dth day of


G. A. THIBOU,
Clerk of the Council.










ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1952.


A 25/3-475-1.52.


Price 3 cents.




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