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Title: Leeward Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076863/00213
 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: VID00213
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 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
    Antigua - Ordinance, No. 2 of 1954: Minerals (Vesting) (Amendment) Ordinance, 1954
        Page A 1
        Page A 2
    Antigua - Ordinance, No. 3 of 1954: Denominational School Teachers Pension (Amendment) Ordinance, 1954
        Page B 1
        Page B 2
    Antigua - Ordinance, No. 4 of 1954: Cinematographs (General legislature competency) (Revocation of Declaration and Repeal) Ordinance, 1954
        Page C 1
        Page C 2
    Antigua - Ordinance, No. 5 of 1954: Petroleum (Amendment) Ordinance, 1954
        Page D 1
        Page D 2
        Page D 3
        Page D 4
        Page D 5
    Virgin Islands - Ordinance, No. 7 of 1954: Virgin Islands Constitution and Elections Ordinance, 1954
        Page E 1
        Page E 2
        Page E 3
        Page E 4
        Page E 5
        Page E 6
        Page E 7
        Page E 8
        Page E 9
        Page E 10
        Page E 11
        Page E 12
        Page E 13
        Page E 14
        Page E 15
        Page E 16
        Page E 17
        Page E 18
        Page E 19
        Page E 20
        Page E 21
        Page E 22
        Page E 23
        Page E 24
        Page E 25
        Page E 26
        Page E 27
        Page E 28
        Page E 29
        Page E 30
        Page E 31
        Page E 32
        Page E 33
        Page E 34
        Page E 35
        Page E 36
        Page E 37
        Page E 38
        Page E 39
        Page E 40
        Page E 41
        Page E 42
        Page E 43
        Page E 44
        Page E 45
        Page E 46
        Page E 47
        Page E 48
        Page E 49
        Page E 50
        Page E 51
        Page E 52
        Page E 53
        Page E 54
        Page E 55
        Page E 56
        Page E 57
        Page E 58
        Page E 59
        Page E 60
        Page E 61
        Page E 62
        Page E 63
        Page E 64
        Page E 65
        Page E 66
        Page E 67
        Page E 68
        Page E 69
        Page E 70
        Page E 71
        Page E 72
        Page E 73
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        Page E 76
        Page E 77
        Page E 78
        Page E 79
        Page E 80
        Page E 81
    Montserrat - Statutory Rules and Orders, No. 4 of 1954: Importation of Swine (Prohibition) Order, 1954
        Page F 1
Full Text








E LEEWARD ISLANDS


GAZETTE.


utblUisteb bT Autbority.

LXXXII. THURSDAY, 5TH AUGUST, 1954. No.


Notices.


Her Majesty the Queen entrusted
the Seals of the Colonial Department
to the Right Honouroble ALAN
TINDAL LINOX-BOYD, P.C., M.P., on
the 30th July, 1954.
The Secretariat,
at Antigua.
31th July, 1954.
Ref. No. 13/000137.

Consequent upon the death of the
Honourable W. E. L. WALWYN, the
Governor has appointed the Honoura-
ble P. E. RYAN to be a nominated
member of the General Legislative
Council of the Leeward Islands, until
the 7th September, 1954.

The Secretariat,
Antigua,
28th- July, 1954.

The Commissioner of the Virgin
Islands has appointed, under section 3
of the Midwives Ordinance, 1953
(No. 11 of 1953), the following
persons to be members of the Mid-
wives Board:
The Medical Officer in Administra-
tive Charge (Chairman)
Nurse P. ABBOTT
Mrs. J. R. O'NEAL
Miss ANGELICA SCATLIFFE
Hon. J. 0. GEORGEs, M.B.E.

The Secretariat,
Antigua.
31st July, 1954.

No. 72.
The following Ordinances and Stat-
utory'Rule and Order are circulated
with this Gazette and form part
thereof:-
ORDINANCES.
Antigua.


No. 2
(Vesting)
1954."


of 1954, "The Minerals
(Amendment) Ordinance,
2 pp. Price 4 cents.


No. 3 of 1954, "The Denomina-
tional School Teachers Pension
(Amendment) Ordinance, 1954."
2 pp. Price 4 cents.




.L9 7


No. 4 of 1954. The Cinemato-
graphs (General Legislature Compe-
tency) (Revocation of Declaration and
Repeal) Ordinance, 1954."
2 pp. Price 4 cents.
No. 5 of 1954, The Petroleum
(Amendment) Ordinance, 1954."
5 pp. Price 7 cents.
Virgin Islands.
No. 7 of 1954, The Virgin lands
Constitution and Elections Ordinance,
1954." 81. pp. Price 90 cents.

STATUTORY RULE & ORDER.
Mlontserrat.
No. 4 of 1954, The Importation
of Swine (Prohibition) Order, 1954."
1 pp. Price 3 cents.

TRADE MARKS OFFICE,
ANTIGUA, 27th July, 1954.
CARREARS LIMITED of Arcadia
Works, Hampstead Road, London,
N. W., England, have applied for
Registration of two Trade Marks
consisting of the following:-

(1)




CRAVEN




CARRERAS UNITED LONDON. ENGLAND.

(2)








in Class 42 that is to say:-
Tobacco whether manufactured or
unmanufactured.
The Applicants claim that they have
used the said Trade Mark in respect
of the said goods for thirty & four
years respectively before the date of
their said Application.


Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade Mark.

J. D. B. RENWICK,
Ag. Registrar of Trade Marks.

TRAD1) MARKS OFFICE.
ANTIGUA, 19th July, 1954.
CATEHRPILLA R TRACTOR CO.,
of 800 Davis Street, San Leandro,
State of California, United States of
America, have applied for Registra-
tion of one Trade Mark consisting of
the following:-

CAT
in Classes 6 and 7, that is to say:
Class 6, -Machinery of all kinds,
and parts of machinery, except
agricultural and horticult ural
machines and their parts.
Class 7 -Agricultural and horti-
cultural machinery, and parts of
such machinery.
The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for four and
one and a half years respectively
before the date of their said
Application.
Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.
J. D. B. RENWICK,
Ag. Registrar of Trade Marks.

TRADE MARKS OFFICE,
ANTIGUA, 19th July, 1954.
CUSSONS, SONS & COMPANY
LIMITED, of Kersal Vale Works,
Moor Lane, Kersal, Manchester,
England, have applied for Registra-
tion of one Trade Mark consisting of
the following:-

IMPERIAL LEATHER

in class 48 that is to say:-Perfumery
(including toilet articles, preparations
for the teeth and hair and perfumed
soap).


37.


~









THE LEEWARD ISLANDS GAZETTE.


[5 August, 1954.


The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for 12 years
before the date of their said
Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at the Trade
Marks Office, Antigua, of opposition
to registration of the said Trade
Mark.

J. D. B. RENWICK,
Acting Registrar of Trade Marks.


Applications are invited from quali-
fied persons (men or women) for
appointment as Administative Assist-
ants (Cadet) in the Administative
Service of the Government of Jamiaca.

The post is non-pensionable and
carries a salary of 500 a year.
Successful candidates, provided they
pass the prescribed medical examina-
tion, will be appointed on probation
for a period of three yearsand if their
service is satisfactory will be eligible
for appointment to the pensionable
post of Administrative Assistant
(620-25-770-920): promotion to the
post of Administrative Assistant will
normally take place at the end of the
probationary period, but cadets show-
ing Administrative ability may be
considered for such promotion before
the end of this period.

Cadets will normally be attached on
appointment either to the Colonial
Secretary's Office or to one of the
Ministries, and will be liable to
transfer between one Ministry and
another in order to gain experience.
Cadets may be required to take a
course of training in the United King-
dom after serving for about a year; this
training will usually take the form of
the Overseas Training Course A at
Oxford or Cambridge; free passages to
and from the United Kingdom will
be provided and subsistence allowance
paid.

Candidates should possess a recog-
nised University degree and should not
be less than 21 years of age or older
than 26 years of age at the date of
application. Applications in writing
should be forwarded to reach the
Colonial Secretary's Office (Establish-
ments Branch), Kingston, Jamaica,
not later than the 30th of September,
1954.
J. W. H. O'REGAN,
Aoting Colonial Secretary,
Jamaica.


Vacant Post of Assistant
Director of Land
Settlement (Agricultural).
Applications are invited from suit-
ably qualified candidates wishing to
secure appointment to the vacant post
of Assistant Director of Land Settle-
ment (Agricultural), British Guiana.

2. The post carries a fixed pension-
able salary of 1,100 ($5,280) per
annum (scale A 12) plus a temporary
cost-of-living allowance at the rate of
62. 10s. ($300) per annum, but the
emoluments offered may be increased
as a result of the general revision of
salaries.

3. The Assistant Director of Land
Settlement (Agricultural) will be
required to assist the Director of the
newly established Land Settlement
Department in the implementation of,
and in the management and supervi-
sion of the land settlement schemes in
the Colony. The main initial duty of
the Department would be to study
and frame definite policies for adop-
tion by the Government with respect
of land settlement and tenure.

The officer will be required to
undertake the general supervision of
agricultural activities of settlers. He
should posssess a recognized qualifica-
tion in Agriculture. Experience in
peasant agriculture with special
referenece to land settlements would
be an advantage.

4. The appointment would nor-
mally be pensionable, subject to the
candidate's medical fitness and, where
necessary, to satisfactory service dur-
ing a probationary period of three
years, but the candidate could, if he
so preferred, be appointed on a three
year contract which might be renewed
for a further period or periods. Un-
der present terms on the satisfactory
completion of his contract service, he
would be paid a gratuity calculated
at the rate 22/% of basic salary for
each completed period of three
months' service, including approved
leave.

5. The person selected for the
appointment will be subject to the
Colonial Regulations and to local Gen-
eral Orders and instructions in force
for the time being in so far as they
are applicable. An officer placed on
the pensionable Establishment will be
eligible for vacation leave at the rate
of five days for each completed month
of resident service up to a maximum
of six months, subject to the com-
pletion of a minimum tour of service
of two years. If married, a pension-


able officer would also be eligible for
the grant of assisted leave passages for
himself and his wife when granted
vacation leave, subject to the provi-
sion of funds annually by the Legis-
lature and to the requirements of
the Public Officers (Leave) Passages
Regulations, 1952.

6. In the case of an officer selected
from overseas, free passages to the
'Colony will be furnished for himself
and his wife and children (if any) not
exceeding five persons in all provided
they either accompany him to British
Guiana or proceed to join him within
twelve months after the date of his
departure for the Colony. If he is
serving on contract, the officer and his
family, up to a limit of five persons,
will also be provided at the Colony's
expense with passages back to the
country from which he was recruited
on the satisfactory conclusion of his
contract. He will also earn vacation
leave on the same basis as is laid down
in paragraph 5 above for an officer on
the Pensionable Establishment.

7. All applications must be ad-
dressed to the Chief Establishment
Officer, Central Secretariat, British
Guiana, and should reach him not
later than the 15th of August, 1954.
Copies and not originals of testi-
monials and certificates should be
submitted.

8. It should be noted that the
appointment of any person to this post
is subject to the approval of the
Secretary of State for the Colonies,
who may decide to select some other
candidate.

9. Applicants already in the em-
ployment of Government should sub-
mit their applications through the
normal official channels.

Establishment Department,
Central Seoretariat.

July, 1954.
(M. P. C. 57/30/2).


RAINFALL FIGURES.

Central Experiment Station,
Antigua.


Jan.
Feb,
Mar.
Apr.
May
June
July


1951.
3.60
1.88
1.09
2.16
10.54
2.74
3.28


1952.
2:41
1.60
1.62
3.14
3.07
5.74
8.38


1954.
3.04
2.45
1.08
.49
3.83
3.32
3.47


17.52 25.29 25.96 16.62 17.68


146








THE LEEWARD ISLANDS GAZETTE.


SIJ1 THE SUPREME COUR i OF THE WINDWARD ISLANDS AND
LEEWARD ISLANDS.
(ANTIGUA CIRCUIT)
Suit No. 16 of 1951.
Between:-
JOSEPH MERCHANT Plaintiff.
and
SYDNEY THEOPHILUS CHRISTIAN Defendant.
Suit No. 20 of 1951.
Between:-
SYDNEY THEOPHILUS CHRISTIAN Plaintiff.
and
JOSEPH MERCHANT Defendant.
Before: DATE, J.
J. R. HI:NRY for Merchant
E. E. HARNEY for Christian
JUDGMENT.
These two actions, which are being tried together with the consent of the parties, arise out of a
collision which occurred at the intersection of Long and Market Streets in the City of St. John on 7th
April, 1951, between motor truck A. G. 151, owned by Joseph Merchant, and motor car A. G. 171,
owned and driven by Sydney Theophilus Christian. Merchant's truck was being driven by his son and
was travelling westwards along Long Street; Christian's car was going from north to south long
Market Street. The damage sustained by the car was much greater than that sustained by the truck.
Each party claims that the collision was caused by the negligence of the driver of the other vehicle. In
suit No. 16 of 1951 (Merchant r. Christian) the negligence alleged against Christian is that he-
(a) did not stop as he is required to do ";
(6) did not slow down or keep a proper look out.
In suit No. 20 of 1951 (Christian v Merchant) the negligence alleged against the driver of
Merchant's truck is that he-
(a) failed to blow his horn or give other warning or signal of his approach;
(6) drove the truck at an excessive rate of speed while approaching the corner of Long
and Market Streets;
(c) failed to keep any proper look out for cars travelling along Market Street;
(d) failed to keep his proper side of the street when approaching the Corner of Market
and Long Streets;
(e) failed to keep his truck under proper control;
(f) failed to stop his truck or so to manipulate it as to pass Christian's car then at a
standstill without colliding with it.
Apart from denying the allegations of negligence levelled against him, each party has, in his
defence, pleaded contributory negligence, Merchant stating, in addition to the negligence alleged by him
in Suit No. 16 of 1951, that Christian "without any warning, drove from Market Street into the
intersection of the said Long Street and Market Street, blocked his right of way and thereby caused the
accident."
It is admitted by Christian that he neither blew his horn nor stopped his car on reaching the
junction of Long and Market Streets. His estimate of the speed at which Merchant's truck was coming
down Long Street is, perhaps, on the high side, and I am satisfied that the horn of the truck was
sounded just before the accident; in all other respects, however, I regard the account of the accident
given by Christian as accurate and reliable. In his examination in chief he said: "I was driving at less
than 10 miles per hour-at about 5, 6 or 7 miles per hour. On reaching the corner of Long Street I
looked right and saw nothing coming up. I continued going. I then looked left and there was truck
151 coming down Long Street at about 40 miles per hour. It was a little beyond the corner of Corn
Alley when I first saw it. It never occurred to me it would pass Market Street at that speed; but seeing
it approaching I stopped my car-about midway across Long Street. The truck struck my left front
wheel-and fender, driving my car to the right, some distance down Long Street. My recollection is that
my car was not in gear; I had taken it out of gear automatically on stopping. I had to put on my
brakes to stop my car after it was struck. The truck swerved slightly to the left after the collision,
heading to the telephone post at the south-western corner of Market and Long Streets and ending up
with its bumper against the electric light post........ have never seen a copy of Exhibit D before today.
Never seen it published in the Gazette or any newspaper. When I saw the truck it was to the right of
the centre of Long Street. There were vehicles parked on both sides of the street." Under cross-
examination he said: The truck did not slow down at all. One thought entered my mind: I may get
killed......I do not consider I have a duty to stop at the corner of Market and Long Streets. I have a
duty to proceed with care and slowly......to slow down and look in both directions to see whether there


4 5 August, 1954_]







THE LEEWARD ISLANDS GAZETTE.


is any traffic approaching. I did that. When I looked left the front part of my car was partly in the
intersection of Long and Market Streets. When I saw the speed of the truck which was then in front
of Viera's rum shop, I apprehended danger. I then put on my brakes. Had he been travelling at
normal speed he would have been able to stop.... I stopped in the middle-right where I was-in the
hope that he would have stopped. Had I gone on he would have hit me right alongside......... I do not
recollect hearing truck's horn-but I saw the truck. I did not blow my horn; 1 was travelling very
slowly."
While the speed at which Merchant's truck was travelling before the accident may not have
been as high as 40 miles per hour it is apparent from the evidence as a whole (including the tyre marks
on the road after the accident-and not ignoring the weight of the truck) that it was being driven at a
speed of not less than 25 miles per hour and that it was not slowed down before reaching the corner.
There was no road signal or traffic line at any part of the junction of the two streets in
question. The driver of the truck said he signalled that he was going straight through, down Long
Street, but I am not persuaded that either driver gave any signal.
Exhibit D-to which Christian referred in his examination in chief, and about which so much
has been heard in this case-is an undated notice purporting to be issued by J.R1.A. Branch, Traffic
Commissioner. It reads thus:-
TRAFFIC NOTICE
In the City of Saint John's all streets running North and South (except East Street) are
STOP STREETS and all streets running East and West will have right of way except at
their junctions with East Street when proceeding East.
This means that drivers of all vehicles when travelling along streets running North and
South MUST STOP at all intersections with streets running East and West and satisfy
themselves that the passage is all clear.
It is not possible to mark every corner, but drivers must observe this rule of the road at
all intersections whether marked or not.
This should greatly reduce and should entirely stop the unneccessary blowing of horns at
every corner in the City and eliminate collisions.
At nights when headlights are on it is unnecessary to blow horns.
The speed in the City is-
For Motor Care ... 20 miles per hour.
For Omnibuses and Trucks ... 15 miles per hour.
J. R. A. BRANCH,
Traffic Commissioner,
According to Corporal Osborne of the Traffic Department, Police Force, the notice was
published in the local newspapers and, in 1948, copies were given to drivers upon being issued with
licences. A copy of The Antigua Star bearing date 30th October, 1948, which was put in evidence,
includes a notice (also purporting to be be made by J. R. A. Branch, Traffic Commissioner,) which
contains the first four paragraphs of Exhibit D. But, as in the case of Exhibit D, the authority under
which the newspaper notice was issued is not stated; and it would seem that some drivers respect and
obey these notices while others do not.
Only a few months ago the Court of Appeal for the Windward Islands and Leeward Islands
held, in CAMACHO v BYRON (Leeward Islands Gazette, 31st December 1953), that the Traffic
Commissioner was not vested with proper authority to erect any road signal; furthermore, the notices
produced in the present case would appear to be at variance with and repugnant to regulation 19 (7) of
the Vehicles and Road Traffic Regulations, 1946, which provides that every driver "shall, when
approaching turnings and cross roads.......slow down and make the appropriate traffic signal "-drivers
on the streets running east and west in the C'ity 'f St. John not being excepted.
For the purposes of this case it is unnecessary to say any more about these Traffic Notices ":
the question to be decided here is not simply whether any regulations or directions, statutory or non-
statutory, have been infringed by either party or his agent, out-" Whose negligence was it that
substantially caused the injury?" And on looking at the matter in that way, I have not the slightest
doubt that whether or not Christian did the right thing in not stopping at the junction, or in beginning
to cross Long Street before looking to left as well is to right, or in not blowing his horn, or in stopping
his car when he did," the real, direct and effective cause of this accident was the negligence of the
driver of Merchant's truck: he approached the intersection of the two streets at a grossly excessive
speed, all things considered, and failed to keep a proper look out for traffic along Market Street, or to
keep his truck under proper control. That was the efficient, the proximate, the decisive cause "
of the collision; I do not think it can properly be said to have been caused by the negligence of both
parties substantially.
In suit No. 16 of 1951 judgment will be entered for the defendant with costs. In suit
No. 20 of 1951 judgment will be entered for the plaintiff for $760 (which includes $40 for additional
expenditure incurred by the plaintiff through having to hire cars) and costs.
W. A. DATE,
28th July, 1954. PuIsine Judge.


[5 Nlugust, 1954 '-






5 August, 1954.] THE LEEWARD ISLANDS GAZETTE. 119
IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS
(ANTIGUA CIRCUIT)
Suit No. 27 of 1953
Between:
BINDON MARSH Plaintiff
and
CARDIGAN MCARTHUR STEVE1NS Defendant.
Before: DATE, J.
S. T. Christian, and C. E. Francis for Plaintiff
A. F. Louisy (Acting Crown Attorney) for Defendant.
JUDGMENT.
The plaintiff was the owner of the sloop ''Lady Marsh." On 28th January, 195.3, the sloop
was seized under section 13A of the Smuggling Act, 1895, by Vernon George Edwards, a sergeant
of the Leeward Islands l'olice Force, on the ground that it, being a vessel of less than thirty tons
burthen, was within the territorial water of this Presidency and had on board a quantity of spirits
and tobacco. In accordance with general practice, Sergeant Edwards delivered the sloop, spirits
and tobacco to the defendant, who was then acting as Treasurer and Collector of Customs, Antigua.
Section 13 A of the Smuggling Act, 1895, as added by section 3 of the Smuggling (Amendment)
Ordinance, 1950, reads thus:-
13 A. Any vessel of less than thirty tons burthen save and except as hereinbefore
provided, having on board any spirits or tobacco and arriving at or anchoring or lying to
or being within the territorial waters of this Presidency or departing therefrom shall
together with the cargo on hoard thereof, and the furniture, tackle, apparel and boats be-
longing thereto, be forfeited.
Provided always that the provisions of this section shall not apply where the master
of the vessel satisfies the Treasurer that the vessel has arrived, anchored, lain to or was as
aforesaid through stress of weather or other good and sufficient cause.
Section 47 of the Trade and Revenue Ordinance, 1900, is also relevant and provides as
follows:-
47. All goods and all vessels, boats, conveyances and animals liable to forfeiture un-
der this Ordinance or any other law relating to the revenue may at any time be seized by
the Treasurer or any Treasury officer or any person acting under the direction or control
of the Treasurer, or by any member of the Police Force or rural constable, or by any offi-
cer or person employed for the protection of the revenue or the prevention of smuggling.
Then there is section 15 of the Smuggling Act, 1895, which says that, "Any vessel for-
feited by virture of any of the Revenue Laws may be seized as forfeited by any officer or person
having authority to board vessels...ad ....may be sold by the Treasurer at auction to the highest
bidder, and the proceeds of the sale of the same shall be applied in the manner hereinafter provided
with reference to fines, forfeitures and penalties."
The sloop and its cargo were put up for sale at auction by the defendant. Its sails, mast,
rope fittings and dinghy were sold, as also a small portion of its cargo; the rest of the cargo was
destroyed. The sloop itself was withdrawn from sale, the highest bid received being less than half
the reserve price fixed. It is still in the possession of the defendant, who is now Treasurer of the
Presidency.
On 24th July, 19!)3, the plaintiff's solicitor wrote to the defendant demanding the return
of the sloop and stating that the plaintiff and a crew would call upon the defendant on 27th July,
1953, in order to take over the vessel. When they and their solicitor called on the
defendant on 27th July he refused to deliver the sloop, informing them that the matter was one
which would have to be dealt with by "the Executive;" the defendant apparently had in mind the
provisions of section 21 of the Smuggling Act, 1895, which enables the Governor to remit the
whole or any part of any "fine, penalty or forfeiture;" it was not suggested by anyone that the pro-
viso to section 13 A of the Act could be invoked.
Later that same day (27th July) the writ in this action was filed and served on the de-
fendant-claiming the return of the sloop, or alternatively its value 450, and damages for its de-
tention.







THE LEEWARD ISLANDS GAZETTE.


With this briei outline of the salient facts I will proceed to the crux of the case, which is
whether a declaration or adjudication of forfeiture by a court of law is a condition sine quo non to
any forfeiture under section 13 A of the Smuggling Act, 1895; it is common ground that no such
declaration or adjudication was obtained in this instance.
The only case cited by learned counsel for the plaintiff in this connection was Attorney
General v. Hunter, (1949) 2 K.B. 113, in which the Attorney General of England applied for and
was granted a declaration for forfeiture of a ship under the Customs Consolidation Act, 1876. In
considering that case, however, it is important to hear in mind section 218 of the English Act,
which provides. that, "All duties, penalties, and forfeitures incurred under or imposed by the Cus-
toms Acts, and the liability to forfeiture of any goods seized under the authority thereof, may be
sued for prosecuted determined and recovered by action information or other appropriate proceeding
in the High Court of Justice in England." Our relevant enactments contain no such provision;
sections 50 to 33 of our Trade and Revenue Ordinance, 1900, which apply also to seizures and for-
feitures under the Smuggling Act, clearly contemplate that where anything is liable to forfeiture it
may forthwith be seized as forfeited; then, if anyone claims the thing, "the Treasurer within seven
days after such claim or, in case of his default, the claimant shall cause a complaint to be preferred
for the adjudication of such forfeiture before a Magistrate, and if it is made to appear by the claimant
to the satisfaction of the Magistrate that such thing was not liable to forfeiture the Magistrate
shall adjudge such thing to be restored, hut if the Magistrate is not satisfied, or if the claimant fails
to prove that such thing was not liable to forfeiture, the Magistrate shall confirm the seizure, and
thereupon the same shall be sold as hereinbefore directed............"No such complaint was pre-
ferred by the plaintiff.
Attention was also asked to section 54 of the Trade and Revenue Ordinance, 1900, which
provides that "All penalties under this Ordinance shall be recoverable before a Magistrate under
the provisions of the Magistrate's Code of Procedure Act, 1891"; and it was urged that a forfeiture
is in the nature of a penalty and its validity or otherwise cannot be left to be dealt with a a side
issue in an action of this kind. Section 54 of the Trade and Revenue Ordinance, it wilT be ob-
served, does not apply to the Smuggling Act, 1895; but apart altogether from that, it would appear,
on reading the whole of the 1895 Act ana the 1900 Ordinance, that wherever the Legislature intended
to refer to forfeitures it has expressly done so. It is also observed that where, as in the case of the
Aliens Land Holding Regulation Act, Cap. 76, it was intended that a declaration of a
court should be obtained for the purposes of establishing a forfeiture, the Legislature has so pro-
vided.
For all of these reasons, I have reached the conclusion that it was not incumbent on the
defendant to initiate proceedings for a declaration or adjudication of forfeiture. I am satisfied that
the "Lady Marsh" was seized in the manner stated by Sgt. Edwards in circumstances which pro-
vided all requisites for a forfeiture under section 13 A of the Smuggling Act, and that there has
been no unlawful detention of the vessel. Judgment will accordingly be entered for the defendant
with costs.
W. A. DATE,
Puisne Judge.
28th July, 1954.


















ANTIGUA.
Printed at the Government Printing Office, Leeward Islands, by E M. BLACKMAN, E.D.
Government Printer.-By Authority,
1954
[Price $1-20]'


150


[EAug:ust, 1951.])








Minerals ( Vesiny) (A- nnitl/). No. 2 of 1954. A NTIGUA.,

[L.S.j
I A ss:\"r,
K. W. BLACKBURNE,
Governor.
15th July, 1954.


[1st August, 19531




ANTIGUA.

No. 2 of 1954.

An Ordinance to amend further the Minerals
(Vesting) Ordinance, 1948.
BE IT ORDAINED by the Governor and
Legislative Council of A ntigua as follows:-

1. This Ordinance may be cited as the Short title.
Minerals (Vesting) (Amendi ent) Oirdinance, 1954, ,
and shall be read as one with the Minerals (Vest-
ing) Ordinance, 194,, as amended, hereinafter
called the Principal Ordinance.

2. Section 2 of the Princilpal Ordinance is Ai men'mcnt of
hereby amended )b tlhe insertion of thl following .e' ionp2
definition between the detinitions ,o the expressions Ordinan.ce.
" to mine d a I Tresurer":-

""to prospect with its grammatical
variations and cognate expressions nmeans to
search for minerals and includes such working
as is reasonably necessary to enable the pros-
pector to test the mineral-bearing qualities of
the land; ".
3. Section 4 of the Principal Ordinance is Amend lent 2f
section 4 of
hereby amended as follows:- the Prinipai
Ordinance.
(a) by the insertion of the words p!'s-
pecting and between the words of nnd
mining in the marginal note thereto;









ANTIGUTA. 2 linr ai (V, ) (A mwndmein) No. 2 of 1954.
(h) \by the insertion of the word, pros-
pect for or between the words shall and
"mine in sub-section (1) thereof;

(c) by the substitution of a full-stop for
the- colon at the end of subsection (1) thereof;
and
(d) by the substitutions of the words
prospecting for or mining of any for the
words mining for in subsection (3) there-
of.


Substitution
of section 5 of
the Principal
Ordinance.


"Payment of
royalties un-
dr miinng
licence.


Amendment of
Fect ion 8 of
thl Principal
Ordinance.


4. The following section is hereby substi'
tuted for section 5 of the Principal Ordinance:-


5. Where a licence to mine is granted
under section 4 of this Ordinance there shall
be paid to the (Gov'rnment of the Presidency
by the licensee in respect of minerals mined
by virtue of that licence such royalties as'may
be prescribed, and different royalties may be
prescribed for different minerals."


5. Section 8 of the Principal Ordinance is
herebv amended by the substitution of the words
"the forms of licence to prospect for minerals
and for the words a form of licence, appearing
therein.


Commenoe- 6. This Ordinance shall be deemed to have
m ent. had effect as from the *st day of A 1ust, 1953.


R. S'l. J. 0. \VAYNE,
President.

Passed the Legislative Council this 22nd day
of May, 1954.

J. L. RolINrsoN,
Clerk of the Council.




ANTIGUA
Prill t-d L t the ;uov- i Lum nt Printirni Olltice. Ieiiau d Isituldi.,
,y E. BLACKMAN Govermnmeln Prilter. By Anuthlrity
1954.


P/4rio' 4 es.,


.-19t0-- 6,54.








Nn i of 194 I 10111 el Sc1hool TraechT


[L.S.-I
I ASSENT.
K. W. BLACKBURNE,
Governor.
15th July, 1954.


[15th Jluy, 1954]





ANTIGUA.

No. 3 of 1954.

An Ordinance to amend further the Denominational
School Teachers Pension Ordinance, 1931.

BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-

1. This Ordinance may be cited as the Denom-
inational School Teachers Pension (Amendment)
Ordinance, 1954, and shall he read as one with the
Denominational School Teachers Pension Ordinance,
1931, as amended, hereinafter called the Principal
Ordinance,

2. Section 2 of the Principal Ordinance is
hereby amended by the substitution for the definition
of the expression Governor in Council of the
following definition:-
"Governor in Council" means, in the case
of a teacher whose services were wholly
under the Government of the Presidency,
the Governor with the advice of the
Executive Council of the Presidency, and
in all other cases the Governor with the
advice of the Executive Council of the
Colony;"

3. Section 20 and 22 of the Princinal
Ordinance Ire herely amended by the deletion of
the word Federal appearing therein.


Short title.
7/1931
I1 1931t
17/1947
11/ 19 i9,


Amendment
of Section 2 of
the Principal
Ordinance.










Amendrrent
of sections 20
and 22 of the
Principal
Ordinance.


N 3 of 19,54.


ANTIGUA.








ANTIGA. 2 1)Den no aioi7ai School T'rartlic) No. 3 of 195-1.
Penlsion (A Amtndiment)

Amendment 4. Section 23 of the Principal Ordinance
of scion shall have effect and shall be deemed always to
of the Princi-
pal Ordinance. have had effect as if-
(a) a colon were substituted for the
full-stop at the end thereof; and

(b) the following proviso were inserted
immediately thereafter-

"Provided further that when the
name of any school is added to the
Schedule such addition shall take effect
as if the name of such school had been
inserted in the Schedule at the commence-
ment of this Ordinance.".

R. ST. J. O. WAYNE,
President.

Passed the Legislative Council this 22nd day
of May, 1D54.

J. L. RoBIINSON,
Clerk of the Council.





















ANTIUGA.
Printed at the (tovterilnl lt Printing Office. Le.ward [SlanllF ,
hy E. M. BLAcUlAsN. Go5-rn cnLt Prittr.- -By Autharity.
1951.


Price 5 cent6.


-47,5-8.34,







No. 4 of 1954. Onematograplhs (General Legislature ANTIGUA.
Competency) (Revocation of Declara-
tion and IRepeal).
[L.S.]
I ASSENT,
K. W. BLACKBURNE,
Governor.
15th July, 1954.


[15th July, 1954]




ANTIGUA.

No. 4 of 1954.
An Ordinance to revoke the declaration embodied
in the Cinematographs (General Legislature
Competency) Ordinance, 1931 and to repeal
the said Ordinance.
WHEREAS pursuant to the provisions of Preamble.
paragraph (r) of subsection (1) of section 10 of
the Leeward Islands the Acts, 1871 to 1950, the
Legislature of the Presidency by the Cinemato-
graphs (General Legislature Competency) Ordi-
nance, 1931, declared that it shall be within the
competency of the General Legislature to make
laws for the Colony or any part thereof
controlling the use, housing, censorship and
licensing of all cinematographs or cinematography
exhibitions or persons carrying on the business of
exhibiting films, or any other matter or thing in
connection with the use and control of cinemato-
graphs:
AND WHEREAS it is now considered
desirable to revoke the said declaration and to
repeal the Cinematograplhs (General Legislature
Competency) Ordinance, 1931:
BE IT THElEFOIK ONI)AINED by the
Governor and Legislative Council of Antigua as
follows:-
1. This (h')rnince nmay be citel as the Short title.
C'inemat.ogralphs (General Legislature C(ompeteny)








ANTIGUA. 2 CiO n ll/oi ri, (ti'n r'u Legis/.l/'' N ol 1954
Comlpetenc'y) (lBro/',c 1i/ i f JD)eclat'-


(Revocation of Declaration and Repeal) Ordinance,
1954.
Revocation 2. The declaration embodied in section 2 of
and elation the Cinematographs (General Legislature Coim-
6t/ 31. jptelnc3) Ordinance, 1931, is hereby revoked and
the said Ordinance is hereby repealed.
Repeal. 3. The Cinematographs (General Legisla-
i/ln'2. ture Competency) (Repeal) Ordinance, 1952 is
hereby repealed.

R. ST. J. O. WAYNE,
lPresident.


Passed the
of May, 1954.


Legislative Council this 22nd day


.1. L. RomINSo.N,
Clerk of the Council.
























ANTIGUA.
Printed at the Government Printing- Office. Leewarl Islands,
by E. M. BLACKMAN, (iuverint1nlt Printer.- By Authority.
1954.


-475-8S.54.


I'rice 4 cents,








Petroleum (.1 amendment .


[L.S.]
[ ASSENT,
K. W. BLACKBURNE,
Governor.
15th July, 1954.


[15th July, 1954]




ANTIGUA.

No. 5 of 1954.

An Ordinance to amend the Petroleum Ordinance,
1919.
BE IT ORDAINED by the Governor and
Legislative Council of Antigua as follows:-
1. This Ordinance may be cited as the Short Title.
Petroleum (Amendmeint) Ordinance, 1954, andll "94
shall be read as one with the Petroleum Ordinance,
1949, hereinafter called the Principal Ordinance.
2. Section 17 of the Principal Ordinance is Amendment
of section 17
hereby amended by tlhe insertion between the of Prinoipl
words Ordinance and shall in the second Ordinance,
line thereof of the words "for which no special
penalty is provided ".
3. The Principal Ordinance is hereby Insertion of
new sections
amended by the insertion of the following ew in Principa
sections numblered 12A and 121 respectively Ordinance,
between sections 12 and 13-

12 A. (1) \Whenever any accident which Nutice to bf
S ",' given of acci-
(occasions loss ,f life or personal injury occurs dents con-
hlv explosion or fire in or about or in connec- nectod with
volatile
:ion with any Governnment petroleum ware- petroleiin,
house, licensed petroleum warehouse, specially
licelse(d tank], suply pump, g, rage. service
station or mulk sAtorage installation, the occu-
pier or person in charge of such premises
shall, if the explosion or fire involved volatile


ANTIGUA.


No. 5 of 1954.








A.'etrleumn (Amendment). No. 5 of 19)51


petroleum, forthwith send or cause to be sent
to the Labour Commissioner of the Pre.-idency
notice of the accident and of the loss of life or
personal injury.

(2) Where, in, about, or in connection
with any ship or vehicle on which volatile
petroleum is being conveyed or loaded or from
which petroleum is being unloaded, any accident
which occasions loss of life or personal injury
occurs by explosion or by fire, the owner or
person in charge or master of the ship or
vehicle shall, if the explosion or fire involved
volatile petroleum, forthwith send or cause to
be sent to the Labour Commissioner of the
Presidency notice of the accident and of the
loss of life or personal injury, but this provi-
sion shall not apply where the volatile petro-
leum conveyed or loaded on, or unloaded
from the ship or vehicle or in any case in
which such notice as aforesaid is otherwise
required by law to be sent to some Govern-
ment officer or department.
(3) Every such occupier, owner, person
in charge or master as aforesaid who fails to
comply with any of the provisions of this sec-
tion shall be liable on summary conviction to
a fine not exceeding one hundred dollars.
Enquiry into 1.21. (1) The Governor in Council
accidouts
connected imay, when he considers it expedient to do so,
with volatile direct a formal investigation to be held into
petroleum. n I I I
etroleu. any accident of which notice is required by
this Ordinance to be given to the Labbour
Commissioner of the Presidency, and into its
causes and circumstances, and wi respect to
any such investigation the following provi-
sions shall have effect-
(a) the Governor may appoint a com-
petent person to hold the investigation, and
may appoint any person possessing legal or
special knowledge to act as assessor in holding
the investigation;
(h) the person or persons so appointed
(hereafter in thi., section referred to as the


A NT'TIGUA. 2








o. of 19, I / -! b (iW ) A v

court") shall hold the inve.-ti itin in open
court ill such manner and 11Iunder such condi-
tions as the court t may think most, l eflctial
for ascertaining- the causes and circunista:ni s
of the accident stand for enabling the court to
make the report in this section mentioned;
(,') thin- cnrt shall have for the purposes
of tle i(iv,- 'iii;iioin all thei powers of a
Magistrate's Colurt whlien exercising' criminal
jurisdiction :"11d, inl additionl, power-

(i) to enltr an id inspect any place or
building the entry or inspection
whereof appears to the c 'urt rejqui-
site for the said purposes;
(ii) b)y sullnnions signed Iby the court to
r'iluire the attendance of all such
persons as it, thinks fit to call before
it and] examine for the said purpoos(-s,
andi to reqliirie answers or retullrns to
suchl enl(uiries as it thinks fit to
make;
(iii) to require the production of all books,
pa('prs, and documents which it
considers relevant;
(iv) to administer alln (athi and require an
person examined to mllake andl sign
a declaration of the truth of the
statements made by him in his
examination;
(d) persons attending as witnesses before
the c'uirt shall be allowed such allowances.
travellillg expense.. and fee s s would he
allowed to witnesses sunimnoned to attend the
Circuit Couirl oil a criminal trial and in case
of dispute as to tie amount to be allowed,
the dispute shall be referred by the court to
the LReistr, r, who, on request signed by the
court, shall alscertain and certify the proper
ainounr of sulc allowances travellingl expenses
and fees;

(e) the court shall make a report to tlhe
Goern'or in Council stating tlhe causes and








ANTIGUA, 4 Pcl'rola0! n (Amendment). No. 5 of 1954.

circumstances of the accident and adding any
observations which the court thinks right to
make;

( /') the court mai require the expenses
incurred in and about an investigation under
this section (including the remuneration of
any persons appointed to act as assessors)
to be paid in whole or part by any person
summoned before it who appears to the court
to be, by reason of any act or default on his
part or on the part of any servant or agent of
his, responsible in any degree for the occur-
1rence of the accident, lbut any such expenses
i.ot rcluiired to be so paid shall be paid out of
the general revenues of the Presidency;

( n) any person who without reasonable
(xcuse (proof whereof shall lie on him) either
fails, after having hal the allowances, travel-
ling expenses and fees (if any) to which he is
entitled tendered to him, to comply with Iany
summ nois or requisition of the court, or pre-
vents or impedes the court in the execution of
its duty, shall be guilty of an offence, and
shall he liable on stilnium ry conviction to 'a
fine not excee(ling fifty dollars or to imprisoln-
mInrit fori a term not exceeding three mo nths,
l11d, in the case of a failure to comply with
the re, luisi;ion for making ainy return r piro-
(uciing ;l documenCl t, if thil failure in r-spct
of which a person was so convicted is con-
tinued after th. conviction, he shall be guilt\
of a further offence and shall he liable on
summary conviction to a line of twenty-five
dollars for every day on which the failure was
so continued.

( T) Thl Governor iIi ('ounnil mayI c(use the
lr porl : 1f il- miri to e na( e Il pulii at W : cilif tii < W
uin'd in suclh aliiii r as hin thiInks lit,"


U. ST. ,1. I. \V\AYXI;I
Il ''(',' iil(' ii ,








No. 5 of 1954.


Petroleum (Amendment).


Passed the Legislative Council the 22nd day
of May, 1954.


J. L. ROBINson,
Clerk of the Council.










































ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACXKAN. Government Printer. -By Authority.
193.4.


5 ANTIGUA.


-490-8.5.,


Price 7 cents.







'No. 7 of 1954. Virgin Islands Constitution VIRGIN
and Elections. ISLANDS.

ASSENT by the Governor,
18th June, 1954.
Signed in token of such Assent.
H. A. C. HOWARD,
Commissioner.
18th June, 1954.

VIRGIN ISLANDS.

No. 7 of 1954.
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 the Virgin Islands as
follows:-
PART I.
PRELIMINARY.
1. This Ordinance may be cited as the Short Title.
Virgin Islands Constitution and Elections Ordi-
nance, 1954.
2. (1) In this Ordinance, unless the context Interpretation.
otherwise requires-
"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
accordance with the provisions of section
19;






VIRGIN 2 Firyin Islands Constitution No. 7 of 19,54,
ISLANDS. and Elections,

"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 registering officer,
returning officer, every presiding officer,
poll clerk or other person having any
duty to perform pursuant to this Ordi-
nance,- to the faithful performance of
which duty he may be sworn;

"electoral district" means an electoral district
as constituted under section 36;
"Governor means the Governor and Com-
mander in Chief for the time being of the
Leeward Islands and includes every per-
son 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;
"meeting means any sitting or sittings of
the Council commencing when the Coun-
cil 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
congregation for religious worship;
Form No. 16 poll book means the book in the form 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 such applicant
is allowed to vote;






No. 7 of 1951. Jirgin Islands Constitution 3 'VIGIN
and Elections. ISLANDS,

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 pro.
visions of section 37;
S"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 (4) of this section,
any office of emolument in the public
service or any office of emolument under
a municipal corporation within the Presi-
dency;
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;
"revising officer means the person appointed
under section 47 for the purpose of
revising and settling the list of voters
mentioned in section 43;






VIRGIN 4 Virgin Islands (Oonstitution No. 7 of 1944,
ISLANDS. and Elections.

Schedule" means Schedule to this Ordi-
nance;

"Section" means section of this Ordinance;

session means the meetings of the Coun-
cil commencing when the Council first
meets after being constituted under this
Ordinance, or after its prorogation or
dissolution 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 Com-
mittee;

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;

"the appointed day means the day appointed
by the Commissioner under paragraph
(a) of subsection (3) of section 44;

"the preliminary list" means the list of
voters mentioned in subsection (1) of
section 43;

"voter" means any person who votes or is
entitled tc vote at an election;


" Writ means the writ for an election.







No. 7 of 1954. Virgin Islands Constitution 5 VIRGIN
and Elections. ISLANDS.

(2) Where in this Ordinance-- Mode of
publication.
(a) any notice, list or any other instru-
ment is required to be published ", then,
unless the contrary intention appears in any
section, the publication thereof shall be made
by posting the same on the door of any Court
House, Church, Chapel, School-house or other
building in the Presidency which in the
opinion of the Commissioner will give pub-
licity to such instrument. And in places where
there is no such building as aforesaid, such
instrument may be affixed to a board and
fastened up in a conspicuous place; and

(6) any paper, list or report is required Mode of
to be printed under the provisions of this printing.
Ordinance such paper, list or report may,
instead of being so printed be represented or
reproduced by means of a typewriter, roneo,
cyclostyle or other similar apparatus or by
any other method by which words, figures or
signs may be represented or reproduced in
visible form.

(3) References in this Ordinance to Her
Majesty's dominions shall have effect as if they
included references to all British protectorates and
British protected states and to all territories
administered by the Government of any part of
Her Majesty's dominions under the trusteeship
system of the United Nations.

(4) For the purposes of this Ordinance a per-
S son shall not be considered to hold a public office
if lh is on leave of absence pending relinquishment
of such office or 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 he a public office for all or any
of the purposes of this Ordinance, this Ordinance
shall have efcct accordingly as if such law were
enacted herein.








VIRGIN
ISLANDS.


12, 13 & 14,
Geo. 4 c. 92.




11 & 12 Geo. 6
c. 56.

12 & 13 Geo. 6
c. 41


A brogation
of existing
Council and
constitution of
new Legisla-
tive Council.


6 Virgin Islands Constitution No. 7 of 195 t.
and Elections.

(5) Where in this Ordinance reference is
made to any officer by the term designating his
office, such reference shall be construed as refer-
ence to the officer for the time being lawfully
discharging the function of that office.
(6) This Ordinance shall be construed-
(a) as if subsection (1) of section 1 of
the India (Consequential Provision) Act,
1949, applied to it in the same way vs that
subsection 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, ETC.
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.


Composition 4. The Council shall consist of the Commis-
of Council. .
sioner, two official members, two nominated
members and six elected members.

Official 5. (1) The official members of the Council
Members. shall be such persons holding office in the pul,lic
service as may be appointed by office or by inme
Sby the Governor by Instrument under the Public
Seal of the Presidency.
(2) The Governor shall forthwith report to
Her M:ijesty through a Secretary of State every
appointment made under this section.








No. 7 of 1954. I'irin' Islands Constitution 7 VIRGIN
and Elections. ISLANDS.

6. '(1) Subject to the provisions of section Nominated
11 the nominated members of the Council shall be Members.
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.
(2) The Governor shall forthwith report to
Her 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 Elected
be persons qualified for election in accordance with Members.
the provisions of, and elected in the manner pro-
vided by, this Ordinance.

8. After the Commissioner the members of Precedenee
the Council shall take precedence as Her Majesty of enbers.
may specially assign and in default thereof as
follows:-
First, the official members according to
the priority of the Instruments appointing
them to be members or, if appointed by the
same Instrument, according to the order in
which they are named therein;

secondly, persons temporarily appointed
under Section 16 to fill vacancies in the
number of persons sitting in the Council as
official members in such order as the Governor
may assign;
thirdly, the nominated and elected mem-
bers according to the respective dates of the
Instruments appointing them or upon which
they were declared elected, as the case may be.

If as regards two or more members other
than official members such dates coincide, the
members shall take precedence-

(a) in the case of two nominated
members appointed by the same Instru-
ment, in the order in which they are
named therein;







\IRGIN 8 Virgin Isla ids Constitution No. 7 of 1954.
ISLANDS. and Elections.
(6) in the case of two elected mem-
bers, in a two-member constituency not
having obtained the same number of
votes, according to the number of votes
obtained by each;
(c) in any other case according to
the alphabetical order of their names.
Power to 9. (1) The Commissioner may summon to
ucoicer the Council any public officer, notwithstanding
to attend that such officer may not be a member of the
Ctigs of Council, when in the opinion of the Commissioner
the business 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 wassummoned but shall not thereby become a
member of the Council and shall not have the
right to vote in the Council.
Qualifications 10. Subject to the provisions of section 11,
for elected ay person who-
membership. e
(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 pre-
ceding the date of his nomination for election,
or is domiciled in the Presidency and is resi-
dent therein at the date aforesaid,
shall be qualified to be elected as an elected member
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.

Disqualifica- 11. No person shall be qualified to be
tions for appointed as a nominated member or elected as an
nominated
or electel elected member of the Council who-
membershil,
(a) is, by virtue of his own act, under
any acknowledgement of allegiance, obedi-
ence or adherence to a foreign Power or
State;







No. 7 of 1954. Virgin Islands Constitution 9 VIRGIN
and Elections. ISLANDS.

(b) (i) in the case of a nominated
member, 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, hav-
ing been adjudged or otherwise declared
bankrupt under any law in force in any
part of Her Majesty's dominions;

(c) has been sentenced by a court in
any part of Her 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 substituted therefore,
or received a free pardon;

(f) is disqualified for membership of
the Council under the provisions of this
Ordinance;
(/) is a lunatic so found under any
law in force in the Presidency;

(A) (i) in the case of a nominated
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
governmentt of the Presidency or of tiho
Colony, for or on account of the public
service, and has not disclosed to the Coim-
missioner the nature of such contract and
his iriterest, or the interest of such firm or
company therein; or
(ii) in the case of an elected metm-
her, is a party to, or a partner in a
firm, or a director or manager of a
company, which is a party to, any con
tract with the Government of the








VIRGIN 10 Virgtn Islands constitutionn No. 7 of 1954.
ISLANDS. and Elections.

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 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
ominated Ordinance every official member of the Council
and elected appointed by name and every nominated mem-
members. her of the Council shall hold his seat in the
Council during Her Majesty's pleasure.

(2) Every official member of the Council
appointed by name and every nominated or
elected member of the Council shall in any case
cease to he a member at the next dissolution of
the Council after his appointment or election, or
previously thereto if his seat 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
from three consecutive meetings of the
Council;

(c) if he shall cease to be a British sub-
ject, or shall take any oath, or make any
declqaration or acknowledgement of allegiance,
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 Her Majesty's dominions;








No. 7 of 1954. Virgin Islands Constitution 11 VIRGIN
and Elections. ISLANDS.

(e) if he shall be sentenced by a court in
any part of Her 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 (g) of section 11;
(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
any 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 nlomi-
nated member and the Council may exempt
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 tirm or director or manager of a company)
dlisclo(ae to the Commissioner or to the Coun-
cil, 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 member of the Council
may by writing under his hand addressed to the
Governor and an elected member of the Council
may by writing under his hand addressed to the








VIRGIN 12- Virgin Islands Constitution No. 7 of 1954.
ISLANDS. and Elections.
Commissioner resign his seat on the Council. The
seat of any such nominated member shall become
vacant upon the acceptance of his resignation by
the Governor, and the seat of an elected member
shall become vacant upon the receipt of his resigna-
tion 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 not 13. The Council shall not be disqualified for
to prevent the transaction of business by reason of any
transaction of .
business. vactacies in the membership of the said Council,
including any vacancies not filled when the Council
is first constituted or is reconstructed at any time;
and any proceedings therein shall be valid notwith-
standing 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 to
question as to the right of any person to 'be or remain a nomina-
ted member of the Council shall be referred to and
be determined by the 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
determined by the Supreme Court in accordance
with the provisions of any law in force in the
Presidency.

Filling of 16. (1) Whenever the seat of a nominated
vacancies, member of the Council becomes vacant the vacancy
shall be filled by appointment by the Governor in
accordance with the provisions of this Ordinance,






SNo. 7 of 1954. lirqgi Iilandl Constitution 13 VIRGIN
Wid Ele twns.8 ISLANDS,

(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 official or nomi- MembeTr.
nated members of the Council by reason of the fact
that-
(a) an official member is discharging the
functions of Commissioner; or
(b) an official member appointed by
reference to his office is lawfully discharging
the functions of another official member; or
(c) an official member is appointed by
reference to his office and no person is law-
fully discharging the functions of that office;
or
(d) an official or nominated member is
suspended, as provided in section 17, from the
exercise of his functions as a member; or
(e) an official or nominated member is
declared to be incapable, by reason of illness,
as provided in section 17, of discharging his
functions as a member; or

(f) an official or a nominated member is
absent from the Presidency; or
(y) 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 official members, 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 appointment as a nominated
member.







VI GIN 1- Virgin Islands Constitution No. 7 of 1954;
ISLANDS, and Elections,

(3) (a) For the purposes of this Ordinance,
but subject to the provisions of this section, a
person appointed under the provisions of this sec-
tion to fill a vacancy in the number of persons
sitting in the Council as official members shall,
while his appointment subsists be deemed to be an
official 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 Her Majesty's pleasure.
(c) The provisions of section 14 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 nomi-
nated members shall, while his appointment
subsists, be deemed to be a nominated member
of the Council and, subject as aforesaid, the provis-
ions of this Ordinance shall have effect accordingly.
(5) The Governor shall forthwith report
every appointment made under this section to Her
Majesty through a Secretary of State, and such
appointment may (without prejudice to anything
done by virtue thereof) be revoked by the Gover-
nor by Instrument under the Public Seal 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 revo-
cation 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.
Suspension etc 17. (1) The Governor may, by Instrument
membc.te under the Public Seal of the Presidency, suspend
any official or nominated member from the exercise
of his functions as a member of the Council,







NNo. 7 of 1954. Virgin Islands Constituticn 15 VIRGII N
and Elections. ISLANDS.

Every such suspension shall be forthwith reported
by the Governor to Her Majesty through a Secre-
tary 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 Her 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
official or nominated member of the Council to be,
by reason of illness, temporarily incapable of
discharging his functions as a member of the
Council, and thereupon such member shall not sit
or vote in the Council until he is declared, in
manner aforesaid, again to be capable of discharg-
ing his said functions.
18. The sessions of the Council shall be sessions of
held at such times and places as the Commissioner the Councl.
shall 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
.session and the first sitting in the next session.
19. (1) The Council shall- Deputy
President.
(a) at its first sitting after the, coming
into operation of this Ordinance;
(b) at its first sitting after any dissolu-
tion of the Council;
(c) at its first sitting after the occurrence
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






VIRGIN 16 Virgin Islands Constitution No. 7 of 1954,
ISLANDS, and Elections,

(b) 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 resigna-
tion by the Commissioner, the office of Deputy
President shall become vacant.
Presiding in 20. The Commissioner, if present, shall
the 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 official member present who stands
first in order of precedence shall preside.
Governor's 21. The Governor shall have the right of
address addressing the Council at any time when he
Council. shall think fit.
Oath of 22. Except for the purpose of enabling
Alegiance. this'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:-
I, A. B., do swear that I will be faith-
ful and bear true allegiance to Her
Majesty Queen Elizabeth the Second,
Her 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.
Quorum. 23. No business except that of adjourn-
ment shall be transacted if objection is taken
by any member present that there are less than
five members present besides the Commissioner
or other member presiding.







'N o. 7 of 1954. Virgin Islands Constitution 17 VIRGTN
and Elections. ISLANDS.

24. Subject to the provisions of section Voting.
31 all questions proposed for decision in the
Council shall be determined by a majority of
votes of those present and voting. The Commis.
sioner or the Deputy President or other member
when 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, Prorogation
by proclamation, summon, prorogue or dissolve & dissolution.
the 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 preced-
ing general election, if it shall not have been
sooner dissolved.
26. There shall be a general election at General
such time, within four weeks of the coming into election".
operation of this Ordinance, and thereafter
within two months after every dissolution of the
Council, as the Commissioner shall by proclama-
tion appoint.
27. Subject to the provisions of this Introduction
Ordinance and the Standing Orders of the Coun- of Bills, etc.
cil, any 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:
Provided that, except with the recommen-
dation 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 the Deputy
President 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
(6) suspend the Standing Orders of the
Council or any of them.







VIRGIN 18 firlin Islands Constitution No. 7 of 1954.
ISLANDS, and Elections,
Power to 28. Subject to the provisions of this Ordi-
make laws, nance, it shall be lawful for the Governor, with
the advice of 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 her
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; hut no such Standing
Orders or amendment or revocation thereof
shall have effect unless and until they shall have
been approved by the Governor.
(2) Until other provision is made the
Standing 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 sub-
section (1) of this section.
Penalty for 80. (1) Any person who-
unqualified
pirsonuiittin* (a) having been elected or appointed
or voting. a member of the Council, but not having
been at the time of such election or appoint-
ment qualified to be so elected or appointed,
shall sit or vote in the Council; or
(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
disqualified, 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.







No. 7 of 1954. Pirgin Islands COonstitiwon 19 VIRGIN
fyad Electiions, ISLANDS.

(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 Powers of
that it is expedient- Governor,

((t) in the interests of public order,
public faith or of good government (which
expressions shall, without prejudice to their
generality, include the responsibility of the
Presidency as a territory within the British
Commonwealth of Nations and all inatters
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 assistance by the Presidency from
Her Majesty's Exchequer for the purpose
of balancing the annual budget or otherwise,
such control rests with Her Majesty's
Government,

that any Blill introduced, or any motion pro-
posed, 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 expedi-
ent, 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
SCouncil, 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
introduced or proposed or with such amendments
as the Governor shall think fit which have been
moved or proposed in the Council or any
Committee 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







VIRGIN 20 Firgin landss Constitution No. 7 of 1954,
ISLANDS, and Flections,
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 state-
ment in writing of his reasons for so objecting,
and a copy of such statement shall, if furnished
by such member, 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 (4) of section 6
li/I99. of the Interpretation of Laws Ordinance, 1.89S,
shall apply to such revocation as they apply to
the repeal of an Ordinance,

Royal nstruc- 32. Subject to the provisions of this
tiois. Ordinance the Governor and the Council shall,
in the transaction of business and making of
laws, conform as nearly as may be to the direc-
tions in that behalf from time to time conveyed
to the Governor in any instructions under Her
Majesty's Sign Manual and Signet.
Assent to 33. (1) No Bill shall become a law until
Bill. either the Governor shall have assented thereto in
Her Majesty's name and on Her Majesty's behalf
and the Bill shall have been signed by the Governor
or by the Commissioner in token of the Governor's
assent, or Her Majesty shall have given her assent
thereto through a Secretary of State.







No. 7 of 1954. irgoin Islands Constiittion 21 VIRGIN
and Elections. ISLANDS.

(2) When a Bill is presented to the Governor
for hin~ assent, lie shall, according to his discretion,
but subject to the provisions of this Ordinance and
(if any instructions addressed to) him under Her
Majesty's Sign Alanual and Signet or through a
Secretary of State, declare that he assents or refuses
Ilis assent, thereto, or that he reserves the Bill for
the signiication of Her Majesty's pleasure.

(3) A law assented to by the Governor shall
come into operation on the date on which such
assent shall hIe 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 Rcesred
Her Majesty's pleasure shall become a law so soon uills.
as Her Majesty has given Her assent thereto,
through a Secretary of State, and such assent has
been signified )by proch mnation. Every such law
.~lill come into operation on the date of such
proclamatioii, unless it sh:lll be enacted either in
such law or in some other enactment that it shall
comel into operation on some other date, in which
oase it shall come into operation on that date.

34. (1) Any law to which the Governor DiRmaowanoe
shall have given his assent nmay e disallowed by of or'inan.es.
Her MAajesty through a Secretiary of State.

(2) Whenever any law has been disallowed by
Her Majesty, the governor r shall. as (,ooi as practi-
cable, cause notice of such disallowanco to (b
publi"lhed in the 'aozeelic.

(3) Every law so disallowed shall cease to
have effect from the date of the publication of suclh
noticee; and therelupon any enactment repealed or
amenlled by, or in pursuance of, the law di":Iallowed
shall have effect as if such law had not been made,
and, subject thereto, the provisions of subsection
(4) of section G( of the Interpretation of Laws mset.
Ordinance, 1 i, shall apply to such disallowance
as they apply to the repeal of an Ordinance,







ViiiN 22 Virin? Is/ands C'onstlil tin No. 7 of I15..
ISLANDS. and Elections.

PART III.
ELECTORAL DISTRICTS AIN REGISTRATION
OF VOTERS.
Appointment. 35. The Conmissiolnr shall appoint a
"duteroand Supervisor of Elections who shall:-
Supervisor of
Elections. (() exercise general directive anid uliper-
vision over the Administrative conduct (,
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 instrui'-
tions as from time to time lie may deem
necessary to ensure effective execution of the
provisions of this Ordinance;
(c) execute and perform all other powxvrs
and duties which by this Ordinance are ciin-
ferred and imposed upon hiu.
electoral 36. (1) For the purposes of the election of
districts. inembhers of the Council, the Presidency shall he
divided into five electoral districts as detined inl the
First Schedule.
Representa- (2) The Second Electoral District sIhall I,
ti'o on represented on the Council by two elected member;
(3) The four other electoral districts shall
each be represented on the Council by one elected
member.
Polling 37. (1) Each Electoral district shall he a
dlhv'ions. polling division.

(2) Notwithstanding tih provisioii of sub-
section (1) of this section the Supervisor if'
Elections with t1e approval l (he Coitiinuiii nt r
may dlivill amnv electoral district 1111t so inoni,
pollinlg divisills and \\i'h s clwh :1(1tAn!'ir s ;ii
descriptioii, as he may by nloticn appoint. Et 'c'v
such notice shall be put)blshled.
(3) The Supervisor of Elections maiv in like
manliiEr fro(m time to time vary hi' ntumbnr, -
(i|ti ptin d boundaries of anv ,1ollig division, so
appoint ted.







No. 7 of 1954. Virgin Islands constitutionn 23 VTRGIN
and Elections. ISLANDS.

(4) In determining the boundaries of any
polling divisions, the Supervisor of Elections shall
have regard to geographical considerations and such
other factors as may affect the facility of communi-
cation between various places within the polling
division.

r 38. (1) The Supervisor of Elections shall Appointment
appoint a person to be the registering officer for "ffiers'in
each electoral district or for each polling division in
an electoral district as the circumstances may
require.
(2) The Supervisor of Elections may appoint
persons as assistant registering officers to assist
registering officers in the performance of their
duties under this Ordinance.

(3) Subject to the authority, directions and
control of the registering officer, an assistant regis-
tering officer shall have all the powers and may
perform any of the duties of a registering officer
under this Ordinance.

(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 herein-
after appearing.

(6) Every registering officer shall, before i'orm No. i
entering on his duties as such, take and subscribe
* an oath in the form se ot out in Form No. 11 in the
Second Schedule and shall transmit such oath to
the Supervisor of Elections.

39. (1) The Commissioner may on the Appointnent
recommendation of the Supervisor of Elections 0o ieurning
appoint a tit and proper l)rson to be the returning
officer for each electoral district.

(2) The Comnissioner may at any time revoke
any appointment inude by him under this section
and make another appointment in place thereof.







VIRGIN 24 7 Firgin Islands Constitution No. 7 of 1954.
ISLANDS. and Elections.
(3) Forthwith upon his appointment each
returning officer shall take and subscribe an oath in
Form No. 12. the form set out as Form No. 12 in the Second
Schedule and shall transmit such oath to the
Supervisor of Elections.
Taking of 40. (1) Every election officer and every
Oaths. person who is required by Part III or Part IV of
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 authorized
and empowered to administer 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.
(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.
Resmunera. 41. There shall be paid to the Supervisor of
tion of ofcers. Elections, each registering officer, assistant register-
ing officer, returning officer and to any other
election officer 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; and
(d) has resided in the Presidency for
twelve months immediately preceding the date
of registration as a voter or is domiciled in the








No. 7 of 1954. Virgin Islands Constitution 25
and Elections.

Presidency and is resident therein at the date
of such registration; and
(e) is not disqualified under the provi-
sions of this Ordinance from being registered
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 Her Majesty's dominions
or in any territory under Her Majesty's protection
to death, penal servitude, or imprisonment for a
term exceeding twelve months, and has not either
suffered the punishment to which he was sentenced
or such other punishment as by competent author-
ity may have been substituted for the same or
received a free pardon from Her Majesty.

48. (1) As soon as possible after the
corning into operation of this Ordinance and there-
after in such years as the Commissioner may by
proclamation appoint, in lro case being more than
three years after the date of the return of the first
writ at the last preceding general election, a list of
voters (hereinafter in this Ordinance referred to as
"the preliminary list") shall be compiled for each
electoral district of all persons entitled under the
provisions of this Ordinance to vote at the election
of a member of the Council for an electoral district.

(2) A preliminary list shall be compiled for
each polling division comprised within an electoral
district.
(3) If for any cause the registering officer
fails to compile the preliminary list for any polling
division so that by reason thereof the Register of
Voters (as described in subsection (3) of section
49) for the electoral district in which such polling
division is comprised cannot be brought into force,
the Register of Voters in force .when the new
Register of Voters should have come into force
shall continue in operation and be deemed to be the
Register of Voters for such electoral district.


VIRGIN
ISLNADS.


Compiling list
of voters.








VIRGIN 26 Virgin Is(tndds '"ons.ltution No. 7 of 1954.
ISLANDS and Elections.
Commence- 44. (1) It shall be the duty of every
eumrateon. registering officer to compile the preliminary list
for the electoral district or polling division, as the
case may be, to which lie is appointed.
(2) Each registering officer shall be qualified
as a voter in the electoral district or polling
division, as the case may be, for which he had been
appointed, and shall preferably be resident therein.
(3) Every registering officer shall-
(a) commencing on such day (hereinafter
called the appointed day ") as the Commis-
sioner may my proclamation appoint in respect
of an electoral district prepare in and for such
electoral district and pursuant to the provisions
of this Ordinance, a preliminary list of all
persons who are qualified as voters in the
polling division comprised therein;

(6) immediately after his appointment
affix on two public buildings in his polling
division, or if there be no public buildings in
the polling division, on two other buildings
having first obtained permission from the
occupants a copy of a registration notice in the
Form No. i. form set out as Form No. 1 in the Second
Schedule;
(c) on the appointed day proceed to
ascertain the name, address and occupation
of every person qualified to vote for the
election of a member of the Council in the
polling division for which he has been
appointed and shall obtain the information
lie may require by a house to house enquiry.

The names, addresses and occupations
of all voters who are included in the
enumeration in the preliminary list shall be
written down in the manner and form
specified in section 45 with the names of the
voters grouped according to the initial
letters of their surnames, and with the
surname, given names and occupation of
each being fully, stated;







No. 7 of 1954. Uirgin Islands Constitution 27 NTRGTN
and Elections. ISLANDS.

(d) exercise the utmost care in pre-
paring the preliminary list for the electoral
district or polling division for which he has
been appointed. He shall take all necessary
precautions to ensure that the list when
completed contains the name, address and
occupation of every qualified voter in the
said electoral district or polling division,
and that it does not contain the name of any
person who is not so qualified.

(4) Any registering officer who wilfully Penuity.
and without reasonable excuse-
(a) refuses to prepare the preliminary
list as provided in paragraph (a) of sub-
section (3) of this section; or
(b) omits from the preliminary list the
name of any person entitled to have his
name entered thereon; or
(,) enters on the preliminary list the
name of any person who is not entitled to
have his name entered thereon,
shall be liable on summary conviction to a
penalty of two hundred and forty dollars, and in
addition to forfeiture of the right to payment of
his services as a registering officer.

45. (1) A registering officer shall within Prelilmnary
the space of twenty-one days from the appointed list.
days write down in alphabetical order of their
surnames on the preliminary lis. in the form set
South as Form No. 2 in the Second Schedule, the Form No. 2.
names of all persons residing in the electoral
district or i dllini division, as the c)se may be,
for whicl lhe is appointed who are entitled to be
registered as voters, and shall cause a copy of
such list dated and signed by him to he
published.
(2) Every preliminary list shall during the
hours of business in each day for a period of ten
days after the publication thereof he open to
inspection of the public free of charge at such







VIRGIN 28 Virgin Isl/.i;ds Constitution No. 7 of 1954.
ISALNDS. and Elections.

places as the Commissioner may direct in the
electoral district to which such list applies and
at the Commissioner's Office in Roadtown.
Procedure as 46. (1) Every person whose name has
to m'tnisions been omitted from or wrongly stated in the
and o preliminary list and who claims to have his name
inserted therein or the mistake rectified, as the
case may be, shall within ten days after the
publication of such list give notice in writing to
the registering officer of the electoral district or
polling division, as the case may be, in which he
Form No. 3. resides in the form set out as Form No. 3 in the
Second Schedule.


Forms No. 4(1)
and No. 4(2).


Appointment
of revising'
officer and
revision nof
reliminiry
list.


(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 publication of such list
give notice in the forms set out as Form No. 4(1)
and Form No. 4(2) in the Second Schedule to
the registering Officer of the electoral district or
polling division, as the case may be, in which he
resides and to the person objected to by deliver-
ing 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.
Such list shall be published and 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 preparation of such list at such
places as the Commissioner may direct in the
electoral district to which such list applies and at
the Commissioner's Office in Roadtown.
47. (1) The Governor shall appoint a
revising officer for the purpose of revising and
settling the preliminary lists in the manner
hereinafter provided. Such .revising officer may
be paid such remuneration for ),is services and
such allowances in respect of travelling and







No. 7 of 1954, Firgin Islands Constitution 29
and Elections.


VlRGIN
ISLANDS.


other expenses incurred by him as the Governor
may award,

(2) An open court shall be held in one or
more places in each electoral district by and
before the revising officer for the purpose of
revising each preliminary list.

(3) The said court shall be held on such
day as may be afixed by the revising officer
being within four weeks after the publication of
the list of claims and objections, and six days
notice in the form set out as Form No. 5 in the Form No. ,
Second Schedule of the holding of such court
and of the place at which the same is to be held
shall be published,


48. (1) Upon the production in court by
the registering officer of an electoral district or
polling division, as the case may be, of the list of
claims and objections received by such register-
ing officer the revising officer shall go through
the same and shall insert in the preliminary list
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
preliminary list of which he is satisfied, and
strike out of the said 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 said 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 preliminary list for
that electoral district or polling district, as the
case may be.

(3) A 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


Procedure of
court revising
preliminary
list.







ViRGIN 30 Virgin Islands Constitution No,.7 of 1954'.
ISLANDS. and Elections

keeping of order in his court as are given to a
Cap. 61. Magistrate under the Magistrate's Code of
Procedure 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 preliminary list or inserted therein and
against any mistake or omission corrected, and
shall sign his name to every page of each
preliminary list when the same is finally settled.

(5) If the revising officer is of the opinion
that the claim or objection of any person is
without foundation or is frivolous, he may order
such 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
Cap. 61. accordance with the provisions of the Magistrate's
Code of Procedure Act,

Revised pre- 49. (1) On completion of the revision
ltm vliT of the preliminary list of each electoral district
and deemed or polling division, as the case may be, the
egs'er of revising officer shall after signing such lists
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 come into force on such date as the
Commissioner may by proclamation appoint and
shall remain in force until the next Register of
Voters is compiled and comes into force in
accordance with the provisions of this Ordinance.







'No. 7 of 1954. Virgin Isla(nds Consiitutii 31
and Elections

(4) If as the result of an appeal from a decision
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.
PART IV.

ARRANGEMENTS FOR ELECTIONS.

50. (1) 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 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 Elections for trans-
mission to the several returning officers. -


VIRGIN
ISLANDS.


Issue of writs
for holding
elections.


(2) Every such writ shall be in the form set
out as Form No. 6 in the Second Schedule, and Form No a.
shall specify the day and place of nomination of
candidates, the day on which, if necessary, the poll
shall 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.

(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 re-
turning officer shall publish a notice in the form
set out as Form No. 7 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.
(3) Nomination papers shall be provided by
the returning officer and shall be in the form set
out as Form No. 8 in the Second Schedule.


Notice of place
and time of
nomination.
Form No. 7.


Form No. 8.







VIRGIN 32 Virgin Islands Constitution No. 7 of 1954'
ISLANDS, and Elections,

(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 consent to
nomination shall be given in writing on such nomi-
nation 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 Register of Voters for the relevant
electoral district.

(6) If at four o'clock in the afternoon in an
electoral district for which one member is to be
returned only one candicate has been nominated
for the seat to be filled, and at an election 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 shall
declare that candidate or those candidates elected
and shall immediately thereafter certify by endorse-
ment on the writ the return of such candidate or
candidates, as the case may be, in the form set out
Form No. 9. as -Form No. 9 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.

Withdrawal of (7) Any candidate duly nominated may, not
oandidature, 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







No. 7 of 1954C. VJirin Islands '_monsittioion 33 VIRGIN
0aIt /'Ilections. ISLANDS.

candidates in in 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 members are to be 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 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 he commnenced afresh in all respects
:ia 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 sub-
section (5) of this section.
(9) The notice mentioned in subsection (8)
of this section shall be published.
52. (1) A candidate for election, or some- Deposit.
one 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 be 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 forthwith
after its receipt be transmitted by the returning
officer to the Treasurer of the Presidency.
(4) If after the deposit is made the candida-
ture is withdrawn in accordance with the provisions
of subsection (7) of section 51 hie 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







VIRGIN 34 Virgin Islands Constitution No. 7 of 195.-
ISLANDS. and .Elections,

taking of the poll, the deposit, if made by him,
shall be returned to his legal personal representa-
tive, or, if not made by him, shall be returned to
the person by whom it was made.
When deposit 53. (1) If a candidate who has made such
returned. deposit ie not elected and the number of votes
polled by him does not exceed one-sixteenth 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 practic'ible
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
number of votes polled shall be deemed to be the
number of the ballot papers (other than rejected
ballot papers) counted.
Contested 54. (1) If in an electoral district there
elections, shall be more candidates duly nominated than there
dateandplace, are sets to be tilled, a poll shall be taken, and in
etc. such case the returning officer 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 ns
practicable after adjourning the election, publish
Foorm No. i. a notice in the form set out as Form No. 10 in the
Second Schedule specifying the day and time on
which and the locations 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 occurence of any earth-
quake, hurricane, flood, fire, outbreak of pestilence
or outbreak of infectious disease or other calamity







No. 7 of 1954. Virgin Islands Constitution 35 VIRGIN
and Elections, ISLANDS,

whether similar to the foregoing or not, the
presiding officer may adjourn the Proceedings till
the following day and thereafter from day to day
as may be necessary and shall forthwith give
notice to the returning officer.
(4) Where the poll is adjourned at any
polling 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.
55. (1) On the day named in the notice Polling
published under the provisions of subsection (2) stations.
of section 54 for the taking of the poll the return-
ing officer hall cause to be opened in the electoral
district to which he 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 compartments
as he may consider necessary to enable voters to
record their votes screened from observation.
(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. (1) The Supervisor of Elections shall, Presiding
subject to the approval of the Commissioner, offers.
appoint a presiding officer to attend at each polling
station to receive the votes, but he 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 himself, if he
thinks fit, preside at any 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 Second Forn No. 13.
Schedule and shall transmit such oath to the
Supervisor of Elections.







VIRGIN 3(6 Viry;/' Isladls Constitution No. 7 of 19514,
ISLANDS. and Electwos
Poll clerks. 57. (1) The Supervisor of Elections shall,
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 No. 1. form set out as Form No. 14 in the Second
Schedule and shall transmit such oath to the
Supervisor of Elections,
(3) If any presiding officer dies or becomes
incapable of iperforminig 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 dies 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.
(5) Every appointment made under subsection
(3) or subsection (4) of this section shall be
immediately reported to the Supervisor of Elections
by the person making the appointment.
Ballot inxes. 58. (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 59. (1) The returning officer shall provide
eleti.u each presiding officer with such number of 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;







No. 7 of 1954. Iirgin Islands Constitution 37 VIRGIN
an1d Elecions. ISLANDS.

(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 Register of voters hereinafter
called the official list of voters relatinii to
the electoral district to which lie is appointed;
(e) at least three copies of the directions
for the guidance of voters in the form set out
as Form No. 15 in the Second Schedule; Foum No. 15.

(r') a blank poll book;
(/) the several forms of oaths to be
administered to voters or other persons;
(h) such other things as may be necessary
for conducting the election in the manner
provided by this Ordinance.
60. (1) Each candidate may, before the Polling and
commencement of the poll, appoint one polling Counting
agent to attend to a polling station and one
counitng agent to attend at the counting of the
vote,.

(2) An agent may be appointed on behalf of
more than one candidate.
(3) Every appointment of an agent shall be
in writing and sli ll state the name and address of
the person appointed anlld shall be given, duly
signed b)v tihe candidate, to the presiding officer or
the returning officer as the case nma be.
61. (1) The poll shall be taken in each Taking of
electoral district by secret ballot in accordance poll and the
ballot.
with the provisions of section, 69, 70 and 71.
(2) The ballot of each voter shall be a printed
paper in the formii set out as Form No. 17 in the Form No. 17.
Second Scheldule (in this Ordinainco caleii a ballot
paper) in which tiie :!ames, descril)ti(,ns and
residences of the candidates alphabetic:lly arranged
in thle order of their suruamcs and riunibered








VIRGIN 38 Virgin Islands Constitution No. 7 of 1954.
ISLANDS. and Elections.
accordingly shall be printed exactly as they are
set. out in the nomination paper. Each ballot
paper shall have a unmber 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 perforations between the ballot paper
and the counterfoil.
Inspection 62. Each presiding officer shall, on or
of ling before the day fixed for taking the poll, visit his
- polling station and see that it is provided with
proper conveniences as aforesaid for taking the poll.

Where voter 63. (1) Subject to the provisions of sections
hall vote. 65 and 66, no person shall be entitled to vote in
any polling division unless his name appears on the
official list of voters in respect of that polling
division.
(2) Every person whose name appears upon
the official list of voters for any polling division
shall be entitled to vote in the electoral district
in which that polling division is situated not.
withstanding- 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 oI the
provisions of the preceding subsections shall be
liable on summary conviction to imprisonment
for six months.
Restricting 64. No person shall vote for the election
on voting, of more candidates than there are seats to be
filled.
Transfer of 65. (1) Where any person whose name
Sotia raseis appears upon the official list of voters for any
polling division is appointed as presiding officer
or poll clerk for some other polling division in
an electoral district, the returning officer shall
transfer the name of the presiding officer or poll







No. 7 of 1954. Virgin Islands Constitution 39 VIRGIN
and Elections. ISLANDS.
clerk, as the case may be, to the official list of
voters for the polling division of which such
person is appointed the presiding officer or poll
clerk.

(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 provision of section 66.

66. (1) Every person whose name is Where tians-
transferred in accordance with the provisions of feared voters
section 65 from any official list of voters to
another official list of voters shall vote, if he
vote at all, in the polling division of which he is
appointed presiding officer or poll clerk, as the
case may be.

(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 polling
division other than the polling division 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 proceeding
the poll the presiding officer and the poll clerk at po1.
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.







VIRGIN 40 Virgin 1, nds s Constitution No. 7 of 1954.
ISLANDS. and Elections.
(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
occupation. The poll clerk shall then ascertain
if the name of the voter appears on the official
list of voters used at the polling station. AWhen
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
Form No. 16. the form set out as Form No. 10 in the Second
Schedule, a number corresponding to the con-
secutive number allttcd 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 aL the polling station desires
that he be first sworn.
(5) The poll clerk shall-
(a) make such entries in the poll book
opposite the name of each voter as the
presiding officer pursuant to the provisions
of this Ordirance 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 Ati rmled opposite the iname
of each voter, to whom any oath or affi'ma-
tion has been administered indicating lihe
nature of the oath or affirmation; and
(d) enter in the poll book the words
"Rlefused i,o be swo'n n" or Ielfuse to
affirm or Refused to answer" opposite
the name ol each voter whlo has refused to
take an oath or aftirm, when lie has been







No. 7 of 1954. Virgin Islands Constitution 41 VIRGIN
and Elections. ISLANDS.

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 Who re to
order at his polling station and shall regulate the be admitted
within polling
number of voters to be admitted al a time, and stations.
shall exclude all other persons except the Supervi-
sor of Elections, the returning officer of the electo-
ral district, the poll clerk, the candidates, one agent
for each candidate appointed by such candidate in
accordanice with the provisions of section 60 and
the police officers on duty.

(2) The agents aforesaid shall be posted in A,nts low
such a plhce that they can see each person who t be placed.
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 they may be allowed by
this Ordinance.

(3) If any person persists, after being warned, Preservation
in disobeying the directions of the presiding officer of order.
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.

69. (1) Each voter shall receive from the General mode
presiding officer a ballot paper on which such officer "f t"dking
has previously put his initials so placed as indicated
in the form set out as Form No. 17 in the Second'
Schedule that when the ballot paper is folded the
said initials can be seen without opening it, and on
the counterfoil of which lie has placed a number
corresponding to the consecutive number-on the
official list of voters aind entered in the poll Ibook.

(2,) The presiding officer shall instruct the
voter how to make his mark, and shall properly
fold the vote's ballot, paper, directing him to return
it, whein marked, folded as shown, but without
inquiring .,r seeing for whom the voter intends to
vote, except when thle voter is unable to vote in
the nainler prescribed by this Ordinance on account
cf illiteracy, ilindiiess or other physical incapacity.







VIRGIN 42 Fir,/in Is'7,ds Oonstitution No. 7 of 1954.
ISLANDS. and Elections.

(3) The voter on receiving the ballot paper
shall forthwith enter one of the polling compart-
ments 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, and hand
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 pre-
siding officer shall then deliver another ballot paper
to the voter.
(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 polling station, the poll shall be kept
open a sullicient 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
whih may beo if requested by a candidate or his agent, put to the
voter the followilIg questions--
(a) Are you tle same person whose
name appears as "A.B." on the official list of
voters now in force for this polling division?
(b) Have you already voted at thi, elec-
tion either here or elsewhere?







No. 7 of 1954. Frgin Islands Consititution 43 \VIGIN
and Elections. ISLANDS'

(2) If any person refuses to answer any
question 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 con-
viction, to imprisonment for six months.

71. (1) Subject to all other provisions of Modeof
this Ordinance as to proof of qualifications as a kig allot
voter, and as to the administration of oaths, if a cases.
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
identity in the form set out as Form No. 18 in the Form No. 18.
Second Schedule, and otherwise establishing his
identity to the satisfaction of the presiding officer.

(2) [n such case, the presiding officer shall put
on the ballot paper his initials together with a
number corresponding to the number allotted to
the voter on the official 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;
(h) a note of his having voted on a second
ballot paper issued under the same name;
(,) the fact of the oath of identity having
been required and taken, and the fact of any
other oaths being so required and taken; and
(a) 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 physical
cause other than blindness or by reason of illiteracy
from voting li the manner prescribed by this Ordi-
nance, shall req uire the voter making such applica-
tion to make oath in the form set out as Form Form No. 19.
No. 19 in the Second Schedule of his incapacity to
vote without assistance, and shall thereafter assist







VIRGIN 44 Vir/in Is/ ds (Constitution No. 7 of 1954.
ISLANDS. land Elections.
such voter by marking his ballot paper in the man-
ner 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 off 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 illit-
eracy and who has taken the oath in the form set
Form No. 20. out as Form No. 20 in the Second Schedule, and is
accompanied by a friend who is a voter in the elec-
toral district, shall permit such friend to accompany
the blind or illiterate voter, as the case may be, into
the voting compartment 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.
(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
Form No. 21. an oith 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 lie has not already acted
as the friend of any other voter for the purpose of
marking his ballot paper at the pending election.
(6) Whenever any voter has had his ballot
paper marked as provided in subscction (3) or sub-
section (4) of this section, the pull clerk shall enter
in the poll book opposite the voter's name in addi-
tionm to any other reqluisite entry, the reason why
such ballot paper \wa so marked.
Who may 72. (1) Where there is contained in the
vote. official list of voters a lname, address and occupation
which correspond so closely with the name, address
and occupation of a person by whomii a ballot paper
is demnanlded as to aiigest that the entry in :uch list
of voters was intended to refer to him, such person







'No. 7 of 1951. Virgin Is:'ads -'ons!ilulion 45 VIRGIN
"and Elections. ISLANDS.

shall, upon taking the oath in the form set
out as Form No. f2 in the Second Schedule and Form No. 22
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
set out as Form No. 23 in the Second Schedule and, Form No. 23.
it' 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.

78. (1) In addition to the presiding officer Who may le
0 and the poll clerk, the Supervisor of Elections, the present.
returning officer of the electoral district, the candi-
dates, one agent for each candidate in each polling
station, and the police officers on duty, 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 tne polling station, shall take an oath
in the form set out as Form No. 24 in the Second Form No. u*.
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.







VIRGIN 46 Virgin Tslands Constitution No. 7 of 1954,
ISLANDS. and Elections,

Procedings 74. (1) Forthwith upon the close of the
after poll, poll the presiding officer shall in the following
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 im-
mediately below the name of the voter, who
voted last, thus The number of voters who
voted 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 supplied for
that purpose and indicate thereon 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 pa-
pers in the special envelope supplied for that
purpose and indicate thereon the.number of A
such unused ballot papers; and

(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 num-
ber of voters whose names appear in the poll
book as having voted, in order to ascertain that
all ballot papers are accounted for.

(2) The ballot boxes, poll book, envelopes con-
taining 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 specially 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 per-
sons shall, on delivering the Iballot boxes and papers
to the returning officer, take the oath in the form
Form No. 25, set out as Form No, 25 in the Second Schedule







No, 7 of 19.54, 1ir In s/ands (uonitiltuion 47 VIRGIN
and Elections, ISLANDS.

(3) The presiding officer shall, with the ballot
boxes and papers aforesaid, transmit or deliver to
the returning officer, in the envelope provided for
that purpose, the keys of such ballot boxes.
75. (1) Each returning officer, upon receipt The count.
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 can.
not 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
received they shall be opened for the count of votes
and in the presence of such of the candidates or
their agents, and if the candidates or any of them
are absent, then in 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-
(a) record and count the number of votes
given to each candidate (allowing the candi-
dates 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, .num-
ber or mark placed thereon by any presid-
ing officer.







VIRNlx 48 Virqin Tslads Constitution No. 7 of 1954':
ISLANDS. and Elections.

(3) If in the course of counting the votes any
ballot paper is found with the counterfoil still
attached thereto, the returning officer shall (care-
fully concealing the numbers thereon from all
persons present and without examining them him-
self) 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, he shall,
in the presence of a poll clerk and such of the
candidates 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 been supplied
by the presiding officer, and also that every ballot
paper supplied to such presiding officer has been
accounted for as provided by paragraph (e) of sub-
section (1) of section 74.
(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 of the objection. The decision
of the returning officer shall be final, subject to
reversal on petition questioning the election or
return; and every such objection shall be numbered,
and a corresponding 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 candi-
date and of the number of rejected ballot papers.
The ballot papers which respectively indite 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 such envelopes







No. 7 of 1954. Virgin hstlnds Constitution 49 VIRGIN
and lE/rc/tons, ISLANDS,

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.
,(7) The candidate who on the completion of Declaration
the count is found to have the largest number of of the poll.
votes shall then be declared by the returning officer
to be elected as the member for the electoral district.
(8) Whenever there is an equality of votes Equality
between two or more candidates and the addition of votes.
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 election for
which he is the returning officer;
(b) if the returning officer is not a regis-
tered voter as aforesaid, or if being such regis-
tered 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 subsec- Maintenance
tion (2) of this section, during the hours when the of order at
poll is open upon polling day, no person 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 waiting; or
(b) to any person who may under the
provisions of this Ordinance lawfully enter or
remain in such polling station.







VIRGIN 50 Tirqin Islands constitution n No. 7 of 1954:'
ISLANDS, and Elections.

(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 or to both such fine and such
imprisonment.
Influencing 77. (1) During the hours that the poll
ote for anyo is open upon polling day no person shall upon any
candidate, public road or in any public place within one hun-
dred 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 imprisonment for
six months or to both such fine and imprisonment.
Election 78. (1) The returning officer within the
return time specified for the return of any writ shall
forward to the Supervisor of Elections-

(a) the writ with his return in the form
Form No. 26. set out as Form No. 26 in the Second Schedule
endorsed thereon that the candidate having
the majority of votes has been elected;
(b) a report of his proceedings showing
the number of votes cast for each candidate at
each polling station, and making such observa-
tions as the returning officer may think proper
as to the state of the election papers as received
from the presiding 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 counterfoils
and unused ballot papers, packets containing
the ballot papers cast for the several candi-







No. 7 of 1954. Virg in Islands onstit ution 51 VTRGTN
(?(d Elections. ISLANDS.

dates, a packet containing the spoiled ballot
papers, a packet containing the rejected ballot
papers and a packet containing the official lists
of voters used at the polling stations, and the
written appointments of candidate's agents; and
(/') 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 pub-
lished in the Gazette of the name of the candidate
so elected and in the order in which it was
received.
(3) The Supervisor of Elections shall, on
receiving the return of any member elected to
serve in the Council, transmit the writ with the
return endorsed thereon to the Commissioner with-
in the time specified in such writ. The Commis-
sioner 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,
(4) The Supervisor of Elections shall, imme-
diately after each general election, cause to be
printed a report giving, by polling divisions, the
number of votes polled for each candidate, the
number of rejected ballot papers, the number of
names on the official lists of voters, together with
a 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 Council 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







VIRGIN 52 jirgin Islands Constitudion No. 7 of 1951
ISLANDS. and Elections,

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 addi-
tion to all damages sustained,
custody 79. (1) The Supervisor of Elections shall
docents. keep the election documents referred to in sub-
section (1) of section 78 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:
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 cus-
tody 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 institu-
ting 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. Forthwith upon making the return to
ballot boxes. .
the writ in accordance with the provisions of
section 78, the returning officer shall cause the








No. 7 of 1954. Virq'in Islands Constitution 53 VITmo
and Elections. ISLANDS.

ballot boxes used at such election, with their lock
and keys and the screens and other appliances used
in the polling station to be transmitted or delivered
to the Supervisor of Elections.

PART V.
ELECTION PETITIONS.
81 A petition complaining of an undne Petitions
return or undue election of a member of the against
elections.
Council (in this Ordinance called an election
petition) may be presented to the Supreme Court
by any one or more of the following persons, that
is to say-
(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 elec- of election
petition and
tion petition- security for
costs.
(a) the petition shall be presented within
twenty-one days after the return made by the
returning officer of the member to whose
election the petition relates, unless it ques-
tions tihe return or election upon an allegation
of corrupt practices and specifically alleges a
payment 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 afterward:,
security for the payment of all costs, charges







VIRGIN 54 Virin Islands (onsttution No. 7 of 1954.
ISLANDS. anfd Elections.

and expenses that may become payable by
the petitioner-

(i) to any person summoned as a wit-
ness 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 he to an amount of
twelve hundred dollars and shall be given by
recognizance to be entered into by any num-
ber 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.

(2) Rules, not inconsistent with the provisions
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 is
c:didate certified by the Judge who tried the election
certifiedguilty petition questioning the return or election of such
of corrupt
or illegal candidate to have been personally guilty or guilty
practice. by his agents of any corrupt or illegal practice his
election shall be void.

Avoidance 84. Where on an election petition it is
of election Mhown that corrupt or illegal practices or illegal
for general
corruption, payments or emp)loymentes committed in reference
etc. to the election for the purpose of promoting or
procuring the election of any person threat have
so extensively prevailed that they may be reason-
ably 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.







No. 7 of 1954. Viryin Islands Constitution 55 VIRGIN
and Elections. ISLANDS.

85. Every election petition shall be tried in Trial of eleo-
the same manner as an action in the Supreme tion petitions.
Court by a Judge sitting alone. At the conclu-
sion 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 accordance with such determination.
-86. At the trial of an election petition the Powera ol
Judge shall, subject to the provisions of this Judge.
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.
PART VI.
ELECTION OFFENCES,

87. (1) No intoxicating liquor shall be intoxicating
sold, offered for sale, or given away at any prem- liquor not to
be sold or
ises situate in any electoral district in which an given on
election is being ihld, to which a licence issued polling day.
under the Liquor Licences Ordinance, .1913, 4/113a.
applies, at any time between the 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
day, allow to every voter in his employ a reason- to allow em-
iployveo tinnw.
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.







VIRGIN 56 Virgin Islands Constitution No. 7 of 1954.
ISLANDS. and Elections.

(2) Any employer who, directly or indirectly,
refuses, or by intimidation, undue influence, 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 convic-
tion be liable to a fine of five hundred dollars or to
imprisonment for six months.
Offence, by 89. Every election officer who-
election
officers. (a/) makes, in any record, return or
other document which he is required to 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 incapa-
citated person to vote in the manner provided
for blind persons, illiterate persons or incapa-
citated persons, as the case may be; or

(c) refuses to permit any person whom
he knows or has reasonable cause to believe
to be a blind person, an illiterate person
or 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 is entitled to vote; or

(e) wilfully reject 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 lie knows
or has reasonable cause to believe wa;s not
\alidly cast for such candidate,







No. 7 of 1954. Vinrin Islands Constitution 57 VIRGIN
and Elections. ISLANDS.

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 Loudspeakers,
any loudspeaker, bunting, ensign, banner, standard "n bn-
or set of colours, or any other flag, to any person hibited on
with intent that it shall be carried, worn or used polling day.
on motor cars, trucks or other vehicles, as political
propaganda, on polling day, and no person shall,
with any- such intent, carry, wear or use, on motor
cars, trucks or other vehicles, any such loudspeaker,
bunting, ensign, banner, standard or set of colours,
or any other flag, on polling day.
(2) No person shall furnish or supply any Flags, ribbons
hag, ribbon, label or like favour to or for any r '~tou"
person with intent that it be worn or used by any furnished or
person within any electoral district on polling day "w"m.
as a party badge to distinguish the wearer as the
supporter of any candidate, or of the political or
other opinions entertained or supposed to be enter-
tained by such candidate, and no person shall use
or wear any fag, ribbon, label or other favour, as
such badge, within any electoral district on poll-
ing day.
(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 on sumn-
mary conviction to a fine of one thousand dollars
or to imprisonment for six months.
91. The following Ipersons shall he deemed Definition of
guilty of bribery within the meaning of this bribery.
Ordinance--
(1) Every person who, directly or indirectly,
by himself or by any other person (n his
behalf, gives, lends, or agrees to give or








VIRGIN 58 Viryin fsldaid. ('onstitution No. 7 of 1954.
ISLANDS. and Elections.
lend, or offers, promises, or promises to
procure or to endeavour to procure any
money or valuable consideration to or for
any voter, or to or for any person on behalf
of any voter, or to or for any other per-
son 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
promises to procure or to endeavour to
procure, any office, place or employment
to or for any voter, or to or for any per-
son on behalf of any voter, or to or for
any other person in order to induce such
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.
(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
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 consequence
of any such gift, loan, offer, promise,
procurement or agreement, procures or
engages, promises or endeavours to pro-
cure the return of any person 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,







No. 7 of 1954. Firgqin Hblands Constitution 59 VIRGIN
and Elections. ISLANDS.
shall be expended in bribery at any
election, or who knowingly pays or
causes to be paid any money to any per-
son in discharge or repayment 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 himself
or by any other person on his behalf,
receives, agrees, or contracts for any
money, gift, loan or valuable consi-
deration, office place, or employment for
himself or for any other person, for vot-
ing or agreeing to vote, or for refraining
or agreeing to refrain from voting any 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 voted or
refrained from voting, or having induced
any other person to vote or refrain from
voting at any such election.

(8) The foregoing provision of this section
shall not extend or be construed to extend
to any money paid or agreed to be paid
for or on account of any legal expenses
incurred in good faith at or concerning an
election.
(9) For the purpose of this section "legal
expenses includes-
(a) the payment of the agents, clreks,
canvases 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 meeting in
furtherance of the candidature of any








VInGIN 60 Virgin Islands Constitution No. 7 of 1954.
ISLANDS. and Elections.

person or for the use of any committee
room or office for the purpose of pro-
inoting or procuring the election of a
candidate;

(d) payments made in respect of
postage, stationery, printing, advertising,
the distribution of advertising material
and the use of any public address system.

Definition of 92. The following persons shall be deemed
treating, guilty of treating within the meaning of this
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,
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 election,
or on account of such person or any other
person having voted or refrained from
voting at such election.

(2) Every voter who corruptly accepts or takes
any such food, drink, entertainment or
provision.

Definition of 93. Every person who, directly or indirectly
undue l)y himself or 1)v any other person on his behalf,
influence. I
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







No. 7 of 1954. 1 'inin I.4dm i. s 0nstlt///on 61 VIR(GIN
and Ilrections, ISLANDS.

vote at any election, shall be guilty of undue in-
fluence within the meaning of this Ordinance.

94. Every person who at an election applies Definition of
for a ballot paper in the name of another person, perso"atio"
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 elec-
tion for a ballot paper in his own name, shall be
guilty of personation within the meaning of this
Ordinance,

95. Every person who is guilty of bribery, Penalty for
treating or undue influence under the provisions of bribery,
treating or
this Ordinance shall on summary conviction be uudue
liable to imprisonment for six months or to fine of in1tuenoe,
four hundred and eighty dollars.

96. Every person who is guilty of persona- Penalty for
tion or of aiding, abetting, counselling or procuring personation.
the commission of the offence of personation shall,
on conviction on indictment, be liable to imprison-
ment for two years.

97. Every person who is convicted of bribery, Disqualifica-
treating, undue influence or personation, or of aid- tin efo
ing, counselling or procuring the commission of the
offence of personation shall (in addition to any other
punishment) be incapable during a period of seven
years from the (late of conviction-

(a) of being registered as a voter,
or voting at any election;

(h) of being elected a member of the
Council or, if elected before his conviction,
of retaining his seat as such member.

98. (1) Ever.y person who- Penalty for
certain illegal
practices at
(a) votes, or induces or procures elections.
any person to vote, at any election, know-
ing that he or such other person is prohi-
bited by this Ordinance, or by any law
in force in the Presidency, from voting
at such election;







VIRGIN
ISLANDS.


Offences to
incite or con-
spire to disrupt
meetings of
candidates.












Offence in
respect of
ballot papers.


62 Firgin Islands Constitution No. 7 of 1954,
and Elections.

(b) before or during an election
knowingly publishes a false statement of
the withdrawal of a candidate at such
election for the purpose of promoting or
procuring the election of another candi-
date;

(c) between the date of the publica-
tion by the returning officer of a notice in
accordance with the provisions of sub-
section (1) of section 51 and the day after
pclling at the election, whether in a
general election or in a by-election, acts
in a disorderly manner, with intent to
prevent the transaction of the business of
a public meeting called for the purpose 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
summary conviction, 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 by the returning officer of a notice
in accordance with the provisions of subsection (1)
of section 51 and the day after polling at the election,
whether in a general election or in a by-election,
incites, combines or conspires with others to act in a
disorderly manner with intent to prevent the trans-
action of the business of a public meeting called for
the purpose of promoting.the election of a candi-
date as member to serve in the Council, shallbe
guilty of an illegal practice and shall, on conviction
on indictment, be liable 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.
99. Every person who-
(a) forges or counterfeits, or fradu-
lently defaces or destroys, any ballot
paper; or







'No. 7 of 1954. Tirg/in s/land, Constitution 63 VIGINt
and -Eiection, ISLANDS.

(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) fradulently 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.
100. (1) Every election officer and every
agent appointed under the provisions of section 60
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 authorised 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
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.







VIRGIN 64 Virgin lalalnJ ronstitution No. 7 of 1954-
ISLANDS, and Elections,

(2) Every election officer and every such
ag4nt 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.
No obligation 101. No voter who has voted at any election
on voter to
iscloe vote. shall, in any legal proceedings to question the
election or return, be required to state for whom he,
voted.
Conclusive- 102. At any election a person shall not be
ness of regis- ni nm
ter of voter entitled to vote unless his name is on the Register
of Voters foi the time being in force by virtue of
this Ordinance, 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.
power to 103. (1) The Governor in Council may make
make regula- 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 the incurring of
expenses and the making of payments by or







No. 7 of 1954. Firyin Iuinds ('onstilttion 65 VIRGIN
and Elections. ISLANDS.

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 aforesaid shall be
incurred or made;
(c) fixing the maximum amount of
expenses and payments that may 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 election officers appointed
under this Ordinance;
(g) 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 such offence shall be deemed to be an
illegal practice.
(3) An election petition may be presented in
respect of any illegal practice declared by such
Regulations to be a ground for presenting such
petition, and the provisions of sections 81, 82, 85







VI GIN 66 irUiin Il.ad, Constittion No. 7 of 1954:
ISLANIDS and elections,
and 86 shall, subject to such Regulations, apply
to petitions presented in respect of illegal practices.

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

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

(2) Where anything required by this Ordi-
nance 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.

Repeal. 106. Save as otherwise provided in this
Ordinance the Federal Act and the Ordinance
specified in the Third Schedule are hereby repealed.

Comme nce- 107. This Ordinance shall come into opera-
ment. tion on such day as the Governor may by procla-
mation published in the Gazette appoint, and.
different days may be appointed for the purpose of
different provisions thereof.

H. A. C. HOWARD,
President.

Passed the Legislative Council this 17th day
of June, 1954.

H. O. CREQUE,
Clerk of the Council.







-No. 7 of 1954.


I'ir (a//d /'ecffcn. ISLANDS,


FIRST SCHEDULe.


Section 36 (1).'


Electoral Districts.


The First District.

(The Western District and Jest
Van Dyke),







The Second District.

(The Tortola Central District).














The Third District.

(The Tortola North District).






The Fourth District.

(The Eastern District).


Comprising the island of Jost Van
Dyke, Frenchman Cay and all other
islands to the West or Northwest of
Tortola together with all'that part
of the island of Tortola lying
South and West of an imaginary
line drawn from the Western point
of Ballast Bay over Windy Hill to
Sage Mountain Peak thence to the
eastern point of the bay at Pock-
wood Pond,

Comprising all that part of the is-
.land of Tortola lying east and
south of an imaginary line drawn
from the eastern point of the bay
at Pockwood Pond to Sage Moun-
tain Peak thence along the Central
Ridge to the western point of
Cooper's Bay; and being west-
ward of an imaginary line drawn
from the western point of Brandy-
wine Bay to Belle Vue Peak thence
to the western point of Josiah's
Bay; together with the islands of
Norman Island, Peter Island, Salt
Island, Cooper Island and all
other islands to the South of
Tortola.

Comprising all that part of the island
of Tortola lying east and north
of an imaginary line drawn from
the western point of Ballat Bay
along Windy Hill to Sage Moun-
tain Peak thence along the Central
Ridge to the western point of
Cooper's Bay.

Comprising all that part of the island
of Tortola lying east of an imagin-
ary line drawn from the western
point to Brandywine Bay to Belle
Vue Peak thence to the western
point of Josiah's Bay; together
with the islands of Beef Island,
Guana Island and all the other is-
lands lying eastward of Tortola
and westward of the Dogs.


Extent.








VIRGIN 68 Virgin Islands Constitutlion No. 7 of 1954;
ISLANDS. and Elections,

FIRST SCHEDULE-(cont'd).
ELECTORAL DISTRICTS EXTENT

The Fifth District. Comprising the island of Virgin
(The Anegada and Virgin Gorda and the island of Anegada,
Gorda District).



SECOND SCHEDULE.


Form No. 1. SECTION 44 (3) (b).

REGISTRATION NOTICE.

TAKE NOTICE that-

(a) the enumeration of all qualified persons in [the
polling division of] the
electoral district will begin on the day of
19 and will be completed on the day of
19

(b) the registering officer for the [ polling
division in the said] electoral district is

(e) every person not disqualified on any of the grounds set
out in the next paragraph of this notice is qualified to be registered
as a voter in the said electoral district if he or she-
(i) is a British subject of the age of twenty-one years or
upwards; and
(ii) has resided in the Presidency for twelve months
immediately preceding the date of registration as a voter or is
domiciled in the Presidency and is resident therein at the
date of such registration.
(d) no person shall be entitled to be registered as a voter in
the said electoral district who-
(i) has been sentenced by a court in Her Majesty's
dominions or in any territory under Her Majesty's protection
to death, penal .servitude, or imprisonment for a term ex-
ceeding 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 Her Majesty; or
(ii) is a lunatic so found under any law in force in the
Presidency; or









No. 7 of 1954. Iirgin Tslands Consit'ution 69 VIRGTN
and Elections.. ISLANDS.

(iii) is disqualified under the provisions of this Ordinance
as a voter.

(e) the preliminary list of qualified persons for the above
electoral district will be posted up in the said district for a period

of ten days beginning on the day of

19

*..o.*. .. .. *.... *..*. ... ..... .. .. .. ** *.. ....
Registering Officer.

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

Form No. 2. SECTION 45 (1)

PRELIMINARY LIST OF VOTERS

Electoral district.


S Location of Name of Voters.
g Occupation.
residence. (family name first)










Form No. 3. SECTION 46 (1).
NOTICE OF CLAIM.

To the rtiliatcrintq officer of the electoral

district polling division.

TAKE NOTICE that 1.........................................................

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

(Occupation)

am qualified for inclusion in the preliminary list of voters for the
electoral district and th it my name, adilriss and
occupation have been (omitted from) (wrongly stated in) such list and
that I hereby claim that such list be amended (by the insertion of imy
name, address and occupation therein) (by the correction of the parti-
culars therein relating to my name, address and occupation, as follows,


(Strike out bracketed words not applicable)










VIRGIN 70 Virgin Islands Constztut
ISLANDS. and Elections.

Dated this day of

Sign



Form No. 4.

(1) NOTICE OF OBJECTIO

To the registeriuj Officer of the
district polling


ion No. 7 of 1954


19

zture of Claimant.



SECTION 46 (2)

N.

electoral

division.


TAKE NOTICE that I........................................................
(Name of objector)
of ......... ....... ........ ......... ....... ................................... .........
(Place of residence)
............... .......... ..............................
(Occupation)
am qualified for inclusion in the preliminary list of voters for the
electoral district 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


(lay of


Signature of Objector.



( ) NOTICE TO PERSON OBJECTED TO,

To O. D. of
Sof being
a person whose name is included in the preliminary list of voters for
the electoral district 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 of


Signature of Objector.


4









Vinqin sldands Constitution -71 1IIiGIN
and- E/IectIMs. ISLANDS.


Form No. 5.
REVISION NOTICE.


TAKE NOTICE that the preliminary


undersigned on the


Dated this


electoral district will
day of

at o'clock.


SECTION 47(3).


lists of voters for the
be revised by me the
19


day of


Revising Officer.


Form No. 6.


SECTION 50(2).


WRIT OF ELECTION.

Elizabeth the Second, by the Grace of God of the United Kingdom
of Great Britain and Northern Ireland and of Her other Realms and
Territories, Queen, Head of the Commonwealth, Defender of the Faith.


To
electoral district.


the returning officer of


WHEREAS by subsection (1) of section 50 of the Virgin Islands
Constitution and Elections Ordinance, 1954, 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 issne 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:

t AND WHEREAS the seat of the elected member for the
electoral district has become vacant in consequence of

NOW, THEREFORE, I Commissioner
of the Presidency of the Virgin Islands do hereby require that you


proceed to the nomination of candidates on


the dlny 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 afternoon, cause election to be made according to law of a
member to serve in the Legislative Council of the Presidency for the

STo bI included in a writ for a general election.
t To be included in a writ for a by-electionu


No. 7 of 1954.








VIRGIN 72 ViYin Islands Constitution No. 7 of 1954.
ISLANDS. and Elections.

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 Her Majesty's reign.

Commissioner.


Form No. 7. 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
electoral district the returning officer for the said electoral 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.
Dated this day of 19

Returning Officer for the
electoral district.


Form No. 8. SECTION 51(3).
NOMINATION PAPER
We, the undersigned voters for the electoral
district do hereby nominate the following person as a proper person to
serve as a member of the electoral district and we
certify that to the best of our belief he is qualified for election as a
member of the Legislative Council.


Surname Other name Address Occupation







Sigcnatur es ^ "








No. 7 of 1954. Virgin Island, Constitution 73 VIRGIN
and Elections. ISLANDS.

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.
Witness my hand this day of 19

Signature of Candidate.

Signed by the said nominee in the presence of:-

Siqnature of Witness.




Form No. 9. SECTION 51 (6).
P~ITURN OF UNCONTESTED ELECTION.
I hereby certify that the member elected for the
electoral district in pursuance 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 this day of 19

Returning O0fcer.




Form No. 10. SECTION 54 (2).
NOTIFICATION OF ELECTION.

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

Locations of Polling Stations:









VIRGIN 74 Virqin Ilands Constitution No. 7 of 1954.
ISLANDS. and Elections.

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




The number of votes given to the several candidates will be
counted on the day of 19 at o'clock
Sin the noon at of which all persons are hereby
required to take notice and govern themselves accordingly.
Dated this day of 19

Returning Officer for the
electoral district.



Form No. 11. 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 in accordance with the provisions of the Virgin Islands
Constitution and Elections Ordinance, 1954, to the best of my ability.


Registering Officer.
Sworn before me

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



Form No. 12. 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 returning officer in accordance
with the provisions of the Virgin Islands Constitution and Electiohs
Ordinance, 1954, to the best of my ability.


Returning Officer.
Sworn before me


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










No. 7 of 1954.


Virqin Islands Constitution
and Elections.

Form No. 13.
OATH OF PRESIDING OFFICER


75 VIRGIN
ISLANDS

SECTION 56(2).


the undersigned, appointed Presiding Officer for the Polling Station
at................ ............................. in the.............................
electoral district 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 abovementioned Polling Station marks
his ballot paper in my presence at this election.
SO HELP ME GOD!


Presiding Officer.


Sworn before me at


this


Form No. 14..
OATH OF POLL CLERK


SECTION 57(2).


the undersigned, appointed as Poll Clerk for the Polling Station at
in the electoral
district 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
abovementioned Polling Station marks his ballot paper in my presence
at this election.
SO HELP ME GOD!


.... ..Poll Clerk.. .l l
Poll Clerk.


Sworn before me at


this day of


Form No. 15.


SECTION 59(2).


DIRECTIONS FOR THE GUIDANCE OF VOTERS

1. Each voter may vote only at one polling station. In the
Second 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.











VIRGIN 76 Pir in Islands C('nstitition. No. 7 of 1954.
ISLANDS. and Elections.

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 whhom 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
Shopkeeper, X
Tortola.


Smith, George
Carpenter,
Virgin Gorda.


In the Second 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 his 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 Second 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 moe 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.







Form No. 16.

POLL BOOK.


SECTION 67 (4).


Consecutive
number
given each
voter as he
applies for
ballot


sworra


Particulars


ccupa-
tion


insert


"sworn


Postal
Address


Consecu-
tive No.
of voter
on list
nf vnt,+rs


__ __ _.< ._._
1
I

I
L

[







1
I

1
\
!
<
i


of Voter


Form
number
of oaths
if any
voter is
required
to swear


, and number of the Oath: "if


When Ballot put into Ballot Box insert voted


ref


Particulars of persons applying
for Ballot papers after another
I person has voted as such person


(a)

Record that
oath sworn
or refused


(b)

Record that
voter had
voted


Name


Consecu-
tive No.
of voter
on list of
voters


Record that
oath sworn


- Objec-
tions if
any made
on behalf
of any
candidate


Remarks


used insert "refused to be sworn


__


IYYY J


I__ I







78 Virgin Tslands Conliution No. 7 of 1954. VIRGcIN
and Elections. TSLANDSf

Form No. 17, SECTIONS 61 (2) & 69,

BALLOT PAPER,



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

No. 6700 Electoral District.
NL o. 6700 ............................Electoral District.




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


Do not fold beyond this line.---


1. JAMES, JOHN P.
Shopkeeper,
Tortola.


2. ROBINSON, PETER F.
Carpenter,
Virgin Gorda.


3. SMITH, .GEORGE R.
Mechanic,
Anegada.





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 ar.................. ...................... ..
(Name as on official list of voters.)

of ............................... ... .. ............................ ......
(Address as on official list of voters).

whose name is entered on the official list of voters now shown you.

SO HELP YOU GOD.








No. 7 of 1954. Virgin lmidls Co9ositltiton 79 ViI, CI
and Elections. ISLANDS.

Form No. 19. SECTION 71 (t).
OATH OF INCAPACITATED VOTER.

You swear that you are incapable of voting without assistance by
reason of physical incapacity,
SO HELP YOU GOD!



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 candidate
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
illiterate votpr 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 RE-
FERRED TO IN THE OFFICIAL LIST OF VOTERS.
SYou swear that you are qualified to vote at this election of a mem-
ber to serve in the Legislative Council and are not disqualified fromi
voting threat and that you verily believe that you are the person
intended to be referred to by the entry in the Official List of Voters

used at the Polling Station, of the name................... ..................

whose occupation is given as................................. and whose
address is given as,
SO HELP YOU GOD I








80 V'irqin Islands Constitution
and Elections,

Form No. 23.


No. 7 of 1954,


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.

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 pTovisions of the
Virgin Islands Constitution and Elections Ordinance, 1954.


That you are not the returning officer for this electoral

SO HELP YOU GOD!
NOTE:-Paragraph 3 is alternative to paragraph 2.


Form No. 24.


SECTION 73(2)


OATH OF AGENT OF A CANDIDATE.


1, 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.
SO HELP ME GOD!



Signature


Sworn before me at


VIRGIN
ISLANDS,


6.
district.


day of








No. 7 of 1954. Virgin Islands Constitution
and Elections.

Form No. 25


81 VIRGIN
ISLANDS.

SECTION 74(2).


OATH OF MESSENGER SENT TO COLLECT BALLOT BOXES.


I,
appointed by
for the


Messenger
,Returning Officer
electoral district do swear that the several


boxes to the number of
the Polling Station at
district on polling day now delivered by me to


which were used at
of this electoral


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


Form No. 26.


SECTION 78(1) (a)


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 Oficer.


THIRD SCHEDULE


SECTION 106.


No. ai
Yeav


1/1950

3/195r


REPEALED ENACTMENTS.

SShort Title


The Virgin Islands Constitution Act, 1950.

The Voters Registration and Election Ordinance, 1950.


ANTIGUA.
Printed at the Government Printing Offioe, Leeward Islands.
by E. M. BLACKMAN. Government Printer.-By Authority.
1954.


7/00019-II-560- 7.54.


Price 90 cents.










LEEWARD ISLANDS.
MONTSERRAT.

STA'TUTOR) Y RULES AND ORDERS.
1954. No. 4.

LANDING OF ANIMALS.

THE IMPORTATION OF SWINE (PROHIBITION) ORDER, 1954,
DATED JULY, 16, 1954, MADE BY THE GOVERNOR-IN-
COUNCIL UNDER SECTION 3(1) OF THE FOREIGN ANIMALS
PROHIBITION AND REGULATION OF -LANDING ORDINANCE,
1920 (No. 2 OF 1920).


ORDER-IN-COUNCIL.
1. Ci rATION. This Order may be cited as the Importa-
tion of Swine (Prohibition) Order, 1954.
2. PROHIBITION OF LANDING. The landing in the
Presidency of Montserrat of Swine brought from any of the
Countries mentioned in the Schedule hereto is hereby
prohibited.
3. REVOCATION. The Importation of Swine Order,
1950 (S.R. & 0. 1950, No. 3) is hereby revoked.


SCHEDULE.
The Colony of St. Vincent
The Colony of Dominica
The Presidency of the Virgin islands
The United States Virgin Islands.

Made by the Governor-in-Council this 16th day of July,
1954.
Js. H. CARROTT,
Clerk of the Council.

ANTIGUA
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer.-By Authority.
1954.


47/10042--490 -7.54.


[Price 3 cents.]




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