• TABLE OF CONTENTS
HIDE
 Title Page
 Table of Contents
 Title XVII: Legislation and the...
 Title XVIII: Libraries
 Title XIX: Local government
 Title XX: Military and constab...
 Title XXI: Mines, minerals and...
 Title XXII: Miscellaneous
 Title XXIII: Patients, designs...
 Title XXIV: Pensions
 Title XXV: Postal and telecomm...
 Title XXVI: Prisons
 Title XXVII: Public health and...
 Index














Group Title: Revised laws of Antigua
Title: The revised laws of Antigua
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076977/00003
 Material Information
Title: The revised laws of Antigua Prepared under the authority of the Revised edition of the laws ordinance, 1959
Physical Description: 9 v. : ; 25 cm.
Language: English
Creator: Antigua
Lewis, P. Cecil, 1912-
Publisher: Printed by Waterlow; obtainable through the Administrator, Antigua, West Indies,
Printed by Waterlow obtainable through the Administrator, Antigua, West Indies
Place of Publication: London
Publication Date: 1965
Copyright Date: 1965
 Subjects
Genre: non-fiction   ( marcgt )
Spatial Coverage: Antigua and Barbuda -- Antigua
 Notes
Statement of Responsibility: by P. Cecil Lewis.
General Note: On spine: Laws of Antigua. Revised edition, 1962.
 Record Information
Bibliographic ID: UF00076977
Volume ID: VID00003
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ADY9851
oclc - 04611308
alephbibnum - 000795620
lccn - 67004219

Table of Contents
    Title Page
        Page iii
        Page iv
    Table of Contents
        Page v
        Page vi
        Page vii
        Page viii
    Title XVII: Legislation and the legislature
        Page ix
        Page x
        Page 1343
        Page 1344
        Page 1345
        Page 1346
        Page 1347
        Page 1348
        Page 1349
        Page 1350
        Page 1351
        Page 1352
        Page 1353
        Page 1354
        Page 1355
        Page 1356
        Page 1357
        Page 1358
        Page 1359
        Page 1360
        Page 1361
        Page 1362
        Page 1363
        Page 1364
        Page 1365
        Page 1366
        Page 1367
        Page 1368
        Page 1369
        Page 1370
        Page 1371
        Page 1372
        Page 1373
        Page 1374
        Page 1375
        Page 1376
        Page 1377
        Page 1378
        Page 1379
        Page 1380
        Page 1381
        Page 1382
        Page 1383
        Page 1384
        Page 1385
        Page 1386
        Page 1387
        Page 1388
        Page 1389
        Page 1390
        Page 1391
        Page 1392
        Page 1393
        Page 1394
        Page 1395
        Page 1396
        Page 1397
        Page 1398
        Page 1399
        Page 1400
        Page 1401
        Page 1402
        Page 1403
        Page 1404
        Page 1405
        Page 1406
        Page 1407
        Page 1408
        Page 1409
        Page 1410
        Page 1411
        Page 1412
        Page 1413
        Page 1414
        Page 1415
        Page 1416
        Page 1417
        Page 1418
        Page 1419
        Page 1420
        Page 1421
        Page 1422
        Page 1423
        Page 1424
        Page 1425
        Page 1426
        Page 1427
        Page 1428
        Page 1429
        Page 1430
        Page 1431
        Page 1432
        Page 1433
        Page 1434
        Page 1435
        Page 1436
        Page 1437
        Page 1438
        Page 1439
        Page 1440
        Page 1441
        Page 1442
        Page 1443
        Page 1444
        Page 1445
        Page 1446
        Page 1447
        Page 1448
        Page 1449
        Page 1450
        Page 1451
        Page 1452
        Page 1453
        Page 1454
    Title XVIII: Libraries
        Page 1455
        Page 1456
        Page 1457
        Page 1458
        Page 1459
        Page 1460
        Page 1461
        Page 1462
    Title XIX: Local government
        Page 1463
        Page 1464
        Page 1465
        Page 1466
        Page 1467
        Page 1468
        Page 1469
        Page 1470
    Title XX: Military and constabulary
        Page 1471
        Page 1472
        Page 1473
        Page 1474
        Page 1475
        Page 1476
        Page 1477
        Page 1478
        Page 1479
        Page 1480
        Page 1481
        Page 1482
        Page 1483
        Page 1484
        Page 1485
        Page 1486
        Page 1487
        Page 1488
        Page 1489
        Page 1490
        Page 1491
        Page 1492
        Page 1493
        Page 1494
        Page 1495
        Page 1496
        Page 1497
        Page 1498
        Page 1499
        Page 1500
        Page 1501
        Page 1502
        Page 1503
        Page 1504
        Page 1505
        Page 1506
        Page 1507
        Page 1508
        Page 1509
        Page 1510
        Page 1511
        Page 1512
        Page 1513
        Page 1514
        Page 1515
        Page 1516
        Page 1517
        Page 1518
        Page 1519
        Page 1520
        Page 1521
        Page 1522
        Page 1523
        Page 1524
        Page 1525
        Page 1526
        Page 1527
        Page 1528
        Page 1529
        Page 1530
        Page 1531
        Page 1532
        Page 1533
        Page 1534
        Page 1535
        Page 1536
        Page 1537
        Page 1538
        Page 1539
        Page 1540
        Page 1541
        Page 1542
        Page 1543
        Page 1544
        Page 1545
        Page 1546
        Page 1547
        Page 1548
        Page 1549
        Page 1550
        Page 1551
        Page 1552
        Page 1553
        Page 1554
        Page 1555
        Page 1556
        Page 1557
        Page 1558
        Page 1559
        Page 1560
        Page 1561
        Page 1562
        Page 1563
        Page 1564
        Page 1565
        Page 1566
        Page 1567
        Page 1568
        Page 1569
        Page 1570
        Page 1571
        Page 1572
        Page 1573
        Page 1574
        Page 1575
        Page 1576
        Page 1577
        Page 1578
        Page 1579
        Page 1580
        Page 1581
        Page 1582
        Page 1583
        Page 1584
        Page 1585
        Page 1586
        Page 1587
        Page 1588
        Page 1589
        Page 1590
        Page 1591
        Page 1592
        Page 1593
        Page 1594
    Title XXI: Mines, minerals and water
        Page 1595
        Page 1596
        Page 1597
        Page 1598
        Page 1599
        Page 1600
        Page 1601
        Page 1602
        Page 1603
        Page 1604
        Page 1605
        Page 1606
        Page 1607
        Page 1608
        Page 1609
        Page 1610
        Page 1611
        Page 1612
        Page 1613
        Page 1614
    Title XXII: Miscellaneous
        Page 1615
        Page 1616
        Page 1617
        Page 1618
        Page 1619
        Page 1620
        Page 1621
        Page 1622
        Page 1623
        Page 1624
        Page 1625
        Page 1626
        Page 1627
        Page 1628
        Page 1629
        Page 1630
        Page 1631
        Page 1632
        Page 1633
        Page 1634
        Page 1635
        Page 1636
        Page 1637
        Page 1638
    Title XXIII: Patients, designs and trade marks
        Page 1639
        Page 1640
        Page 1641
        Page 1642
        Page 1643
        Page 1644
        Page 1645
        Page 1646
        Page 1647
        Page 1648
        Page 1649
        Page 1650
        Page 1651
        Page 1652
        Page 1653
        Page 1654
        Page 1655
        Page 1656
        Page 1657
        Page 1658
        Page 1659
        Page 1660
        Page 1661
        Page 1662
        Page 1663
        Page 1664
        Page 1665
        Page 1666
        Page 1667
        Page 1668
        Page 1669
        Page 1670
        Page 1671
        Page 1672
        Page 1673
        Page 1674
        Page 1675
        Page 1676
        Page 1677
        Page 1678
        Page 1679
        Page 1680
        Page 1681
        Page 1682
        Page 1683
        Page 1684
        Page 1685
        Page 1686
    Title XXIV: Pensions
        Page 1687
        Page 1688
        Page 1689
        Page 1690
        Page 1691
        Page 1692
        Page 1693
        Page 1694
        Page 1695
        Page 1696
        Page 1697
        Page 1698
        Page 1699
        Page 1700
        Page 1701
        Page 1702
        Page 1703
        Page 1704
        Page 1705
        Page 1706
        Page 1707
        Page 1708
        Page 1709
        Page 1710
        Page 1711
        Page 1712
        Page 1713
        Page 1714
        Page 1715
        Page 1716
        Page 1717
        Page 1718
        Page 1719
        Page 1720
        Page 1721
        Page 1722
        Page 1723
        Page 1724
        Page 1725
        Page 1726
        Page 1727
        Page 1728
        Page 1729
        Page 1730
        Page 1731
        Page 1732
        Page 1733
        Page 1734
        Page 1735
        Page 1736
        Page 1737
        Page 1738
        Page 1739
        Page 1740
        Page 1741
        Page 1742
        Page 1743
        Page 1744
    Title XXV: Postal and telecommunications
        Page 1745
        Page 1746
        Page 1747
        Page 1748
        Page 1749
        Page 1750
        Page 1751
        Page 1752
        Page 1753
        Page 1754
        Page 1755
        Page 1756
        Page 1757
        Page 1758
        Page 1759
        Page 1760
        Page 1761
        Page 1762
        Page 1763
        Page 1764
        Page 1765
        Page 1766
        Page 1767
        Page 1768
        Page 1769
        Page 1770
    Title XXVI: Prisons
        Page 1771
        Page 1772
        Page 1773
        Page 1774
        Page 1775
        Page 1776
        Page 1777
        Page 1778
        Page 1779
        Page 1780
        Page 1781
        Page 1782
    Title XXVII: Public health and medical
        Page 1783
        Page 1784
        Page 1785
        Page 1786
        Page 1787
        Page 1788
        Page 1789
        Page 1790
        Page 1791
        Page 1792
        Page 1793
        Page 1794
        Page 1795
        Page 1796
        Page 1797
        Page 1798
        Page 1799
        Page 1800
        Page 1801
        Page 1802
        Page 1803
        Page 1804
        Page 1805
        Page 1806
        Page 1807
        Page 1808
        Page 1809
        Page 1810
        Page 1811
        Page 1812
        Page 1813
        Page 1814
        Page 1815
        Page 1816
        Page 1817
        Page 1818
        Page 1819
        Page 1820
        Page 1821
        Page 1822
        Page 1823
        Page 1824
        Page 1825
        Page 1826
        Page 1827
        Page 1828
        Page 1829
        Page 1830
        Page 1831
        Page 1832
        Page 1833
        Page 1834
        Page 1835
        Page 1836
        Page 1837
        Page 1838
        Page 1839
        Page 1840
        Page 1841
        Page 1842
        Page 1843
        Page 1844
        Page 1845
        Page 1846
        Page 1847
        Page 1848
        Page 1849
        Page 1850
        Page 1851
        Page 1852
        Page 1853
        Page 1854
        Page 1855
        Page 1856
        Page 1857
        Page 1858
        Page 1859
        Page 1860
        Page 1861
        Page 1862
        Page 1863
        Page 1864
        Page 1865
        Page 1866
        Page 1867
        Page 1868
        Page 1869
        Page 1870
        Page 1871
        Page 1872
        Page 1873
        Page 1874
        Page 1875
        Page 1876
        Page 1877
        Page 1878
        Page 1879
        Page 1880
        Page 1881
        Page 1882
        Page 1883
        Page 1884
        Page 1885
        Page 1886
        Page 1887
        Page 1888
        Page 1889
        Page 1890
        Page 1891
        Page 1892
        Page 1893
        Page 1894
        Page 1895
        Page 1896
        Page 1897
        Page 1898
        Page 1899
        Page 1900
        Page 1901
        Page 1902
        Page 1903
        Page 1904
        Page 1905
        Page 1906
        Page 1907
        Page 1908
        Page 1909
        Page 1910
        Page 1911
        Page 1912
        Page 1913
        Page 1914
        Page 1915
        Page 1916
        Page 1917
        Page 1918
        Page 1919
        Page 1920
        Page 1921
        Page 1922
        Page 1923
        Page 1924
        Page 1925
        Page 1926
        Page 1927
        Page 1928
        Page 1929
        Page 1930
        Page 1931
        Page 1932
        Page 1933
        Page 1934
        Page 1935
        Page 1936
        Page 1937
        Page 1938
        Page 1939
        Page 1940
        Page 1941
        Page 1942
        Page 1943
        Page 1944
        Page 1945
        Page 1946
        Page 1947
        Page 1948
        Page 1949
        Page 1950
        Page 1951
        Page 1952
        Page 1953
        Page 1954
        Page 1955
        Page 1956
        Page 1957
        Page 1958
        Page 1959
        Page 1960
        Page 1961
        Page 1962
        Page 1963
        Page 1964
        Page 1965
        Page 1966
        Page 1967
        Page 1968
        Page 1969
        Page 1970
        Page 1971
        Page 1972
        Page 1973
        Page 1974
        Page 1975
        Page 1976
        Page 1977
        Page 1978
        Page 1979
        Page 1980
        Page 1981
        Page 1982
        Page 1983
        Page 1984
        Page 1985
        Page 1986
        Page 1987
        Page 1988
        Page 1989
        Page 1990
        Page 1991
        Page 1992
        Page 1993
        Page 1994
        Page 1995
        Page 1996
        Page 1997
        Page 1998
        Page 1999
        Page 2000
        Page 2001
        Page 2002
        Page 2003
        Page 2004
        Page 2005
        Page 2006
        Page 2007
        Page 2008
        Page 2009
        Page 2010
        Page 2011
        Page 2012
        Page 2013
        Page 2014
        Page 2015
        Page 2016
        Page 2017
        Page 2018
        Page 2019
        Page 2020
        Page 2021
        Page 2022
        Page 2023
        Page 2024
        Page 2025
        Page 2026
        Page 2027
        Page 2028
        Page 2029
        Page 2030
        Page 2031
        Page 2032
        Page 2033
        Page 2034
        Page 2035
        Page 2036
        Page 2037
        Page 2038
        Page 2039
        Page 2040
        Page 2041
        Page 2042
        Page 2043
        Page 2044
        Page 2045
        Page 2046
        Page 2047
        Page 2048
        Page 2049
        Page 2050
        Page 2051
        Page 2052
        Page 2053
        Page 2054
        Page 2055
        Page 2056
        Page 2057
        Page 2058
        Page 2059
        Page 2060
        Page 2061
        Page 2062
        Page 2063
        Page 2064
        Page 2065
        Page 2066
        Page 2067
        Page 2068
        Page 2069
        Page 2070
        Page 2071
        Page 2072
        Page 2073
        Page 2074
        Page 2075
        Page 2076
        Page 2077
        Page 2078
        Page 2079
        Page 2080
        Page 2081
        Page 2082
        Page 2083
        Page 2084
        Page 2085
        Page 2086
        Page 2087
        Page 2088
        Page 2089
        Page 2090
        Page 2091
        Page 2092
        Page 2093
        Page 2094
        Page 2095
        Page 2096
    Index
        Page 2097
        Page 2098
        Page 2099
        Page 2100
        Page 2101
        Page 2102
        Page 2103
        Page 2104
        Page 2105
        Page 2106
        Page 2107
        Page 2108
        Page 2109
Full Text














THE REVISED LAWS

OF


ANTIGUA



PREPARED UNDER THE AUTHORITY
OF THE
REVISED EDITION OF THE LAWS ORDINANCE, 1959
BY
P. CECIL LEWIS

One of Her Majesty's Judges
of the Supreme Court of the
Windward Islands and Leeward Islands

The Commissioner appointed
under the said Ordinance.


VOL. III.


Chapters 170 to 237

Price: $150 per set.
Obtainable through:
The Administrator, Antigua, The West Indies.

Printed by
Waterlow & Sons Limited, Worship Street, London, E.C.2.
[Appointed by the Government of Antigua, the Government Printers, for the purposes of this
edition of Laws within the meaning of the Evidence (Colonial Statutes) Act 1907.1
1965










































;.t 01F
c0 -
j~;~:
I) I r 2-
9'










CONTENTS

VOLUME III.

TITLE XVII.

LEGISLATION AND THE LEGISLATURE.

CHAPTER

170 ADAPTATION OF LAWS ... ... ...
171 CONSTITUTION AND ELECTIONS ... ...
172 CURRENCY INTERPRETATION ... ......
173 ENACTMENT (Leeward Islands Acts) ......
174 GENERAL REVISION ... ... ......
175 INTERPRETATION AND GENERAL CLAUSES ...
176 ORDINANCES AUTHENTICATION ...... ...


TITLE XVIII.

LIBRARIES.

177 CENTRAL LIBRARY ... ... ... ...
178 LAW LIBRARY ... ... ... ...

TITLE XIX.

LOCAL GOVERNMENT.

179 VILLAGE COUNCILS ... ... ......
180 VILLAGES IMPROVEMENT ... ... ......


TITLE XX.

MILITARY AND CONSTABULARY.


DEFENCE FORCE ...
FIRE BRIGADES ...
LEEWARD ISLANDS BATTALION
LOCAL CONSTABLES ...
NATIONAL SERVICE ...


PAGE

1343
1345
1417
1419
1425
1435
1453


... 1457
... 1461


1465
1469


... 1473
... 1485
... 1493
... 1497
... 1501


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










TER
NAVY DISCIPLINE ......
POLICE ... ....
POLICE SERVICE COMMISSION ...
PRISONERS OF WAR ...
UNITED STATES BASES (Agreement)
UNITED STATES BASES (Territorial
Restriction) ... ...


PAGE
.. ... ... ... 1503
... ...... 1505
... ... ... ... 1549
... ... ... 1551
... ... ... ... 1553


CHAP
186
187
188
189
190
191


(Navigation


TITLE XXI.

MINES, MINERALS AND WATER.


MINERALS (Vesting) ...
RADIO-ACTIVE MINERALS ... .
WATERCOURSES AND WATERWORKS


TITLE XXII.

MISCELLANEOUS.


195 BAILIFFS' COMMISSIONS ... ......
196 BIRTHS ENTRIES (St. John's) VALIDATION AND EVIDE
ADMISSIBILITY ... ... ... ..
197 CROWN AGENTS (Change of Title) ......
198 DEATH DUTIES REMISSION (War Casualties) ... .
199 LAND SETTLEMENT AND DEVELOPMENT BOARD (Repeal)
200 POOR RELIEF ........ ...
201 PUBLIC HOLIDAYS ... ... ... ...
202 SMALL FARMER CULTIVATION AND HAULAGE SERVICE (Repeal)


N


... 1617
CE
... 1619
... 1621
... 1623
... 1625
... 1627
... 1633
... 1637


TITLE XXIII.

PATENTS, DESIGNS AND TRADE MARKS.


PATENTS ... ... ...
REGISTRATION OF UNITED KINGDOM PATENTS ...
REGISTRATION OF UNITED KINGDOM TRADE MARKS
TRADE MARKS ... ... ... ...
UNITED KINGDOM DESIGNS (Protection) ... .


Waters)


1593


.. ... 1597
.. ... ... 1603
... . ... 1607


... ... 1641
... ... 1663
... 1667
... ... 1671
... ... 1685









CHAPTER


TITLE XXIV.

PENSIONS.


ANTIGUA ELECTRICITY (Declaration of
OVERSEAS NURSES' PENSIONS ...
PENSIONS ... ... ...
PENSIONS (1959) ......
PENSIONS (Increase) (1947) ...
PENSIONS (Increase) (1953) ...
PENSIONS (Increase) (1957) ...
POLICE PENSIONS (Preservation of Rig


Pensionable



.......


Offices)



...


1689
1691
1693
1727
1729
1733
1737
1743


;hts)


TITLE XXV.

POSTAL AND TELECOMMUNICATIONS.


POST OFFICE ... .
PRODUCTION OF TELEGRAMS
TELECOMMUNICATIONS ...
TELEPHONES ...


... ... ... ... ... 1747
... ... ... ... ... 1757
... ... ... ... ... 1759
... ... ... ... ... 1767


TITLE XXVI.


PRISONS.
220 PRISON ... ... ...
221 PRISON (Extramural Sentences) ...


... ... ... ... 1773
... ... ... ... 1781


TITLE XXVII.

PUBLIC HEALTH AND MEDICAL.


222 ANTIBIOTICS AND THERAPEUTIC SUBSTANCES
223 BURIAL GROUNDS ... ......
224 CEMETERY ... ......
225 DANGEROUS DRUGS ... ...
226 DISTRICT MEDICAL OFFICERS (Government


Fees


1785
1793
1795
1797
1821


Abolition)


PAGE









CHAPTER
227 IMPORTATION PROHIBITION (Epidemic Diseases) ...
228 IMPORTATION PROTECTION ... ......
229 KING MEDICAL QUALIFICATION ... ...
230 LEPERS ... ... ... ... ...
231 MEDICAL ...... ... ...
232 MEDICAL AND HOLBERTON INSTITUTION ... .
233 MENTAL TREATMENT ... ... ... ..
234 MIDWIFERY ... ... ... ...
235 NURSES REGISTRATION ... ... ...
236 PUBLIC HEALTH ... ... .. ...
237 QUARANTINE ...... ...


PAGE
.. ... 1823
.. ... 1827
.. ... 1829
.. .. 1831
. ... 1843
.. ... 1869
... ... 1879
... ... 1923
... ... 1935
... ... 1943
... ... 2039






















TITLE XVI.

LEGISLATION AND THE LEGISLATURE.

CHAPTER PAGE
170 ADAPTATION OF LAWS ... ... ... ... 1343
171 CONSTITUTION AND ELECTIONS ... ... ... 1345
172 CURRENCY INTERPRETATION ... ... ... 1417
173 ENACTMENT (Leeward Islands Acts) ... ... 1419
174 GENERAL REVISION ... ... ... ... 1425
175 INTERPRETATION AND GENERAL CLAUSES ... ... 1435
176 ORDINANCES AUTHENTICATION ... ... ... 1453







(CAP. 170 1343


CHAPTER 170.


ADAPTATION OF LAWS.


(1st January, 1960.)


1. This Ordinance may be cited as the Adaptation of
Laws Ordinance.


2. (1) Notwithstanding the revocation of the Leeward
Islands Letters Patent, 1956 and 1958, all other laws which are
in force in the Colony immediately before the date on which
those Instruments are revoked shall (subject to amendment or
repeal by the competent authority) continue in force thereafter
but shall, subject to any such amendment and to any adaptation
or modification made under subsection (3), be construed with
such adaptations and modifications as may be necessary to bring
them into conformity with the provisions of the Antigua Letters
Patent, 1959.

(2) Without prejudice to the generality of the preceding
subsection, any reference to the Governor or to the Governor
of the Leeward Islands or to His Excellency the Governor in any
such law which continues in force after the commencement of
this Ordinance shall, subject as provided in that subsection, be
construed as a reference to the Administrator.

(3) (a) The Administrator in Council may, by order made
at any time within a period of one year commencing with
the coming into operation of this Ordinance and published
in the Gazette, make such adaptations and modifications in
any law in force in the Colony immediately before the
commencement of this Ordinance as appear to him to be
necessary or expedient by reason of anything contained
in this Ordinance.


27/1959


Short title.


Adaptation of
existing laws.


Adaptation of Laws.







1344 CAP. 170) Adaptation of Laws.


(b) An Order made under this subsection shall have
effect from such date, not being earlier than the date of
commencement of this Ordinance, as may be specified
therein, and may be revoked or amended in relation to
any law affected thereby by the authority competent to
repeal or amend that law.






Constitution and Elections.


CHAPTER 171.


CONSTITUTION AND ELECTIONS.

(Ist December, 1951.)

PART I.
PREUMINARY.
1. This Ordinance may be cited as the Constitution and
Elections Ordinance.

2. (1) In this Ordinance-
"Administrator" means the person for the time being
holding the office of Administrator of the Colony and
includes every person for the time being acting as
such in his stead;
"Council" means the Legislative Council of the Colony;
"dollars" means dollars in the currency of the Colony;
"election" means an election of a member or members to
the Council;
"election officer" includes a returning officer, every pre-
siding officer, poll clerk or other person having any
duty to perform pursuant to this Ordinance, to the
faithful performance of which duty he may be sworn;
"electoral district" means an electoral district as constituted
under section 35;
"Executive Council" means the Executive Council of the
Colony;
"Judicial and Legal Service Commission" means the
Judicial and Legal Service Commission established by
the Windward Islands and Leeward Islands (Courts)
Order in Council, 1959;
"list of voters" means the first list of voters or the Register
of Voters or the official list of voters, as herein defined,
as the context requires;
"meeting" means any sitting or sittings of the Council


10/1951
13/1954
16/1955
S.R.O. 22/1956
25/1959
4/1960
S.I. 1962
No. 1084


Short title.


Interpretation.


(CAP. 171 1345







1346 CAP. 171) Constitution and Elections.


commencing when the Council first meets after being
summoned at any time and terminating when the
Council is adjourned sine die or at the conclusion of
a session;
"minister of religion" means any person in holy orders and
any other person the functions of whose principal
occupation include teaching or preaching in any con-
gregation for religious worship;
"Police Service Commission" means the Police Service
Commission established by the Windward Islands and
Leeward Islands (Police Service Commission) Order
in Council, 1959;
No. 16. "poll book" means the book in the form set out as Form
Form NoNo. 16 in the Second Schedule in which the name
Second
Schedule. 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;
"polling day" means the day fixed for holding the poll at
an election;
"polling division" means any polling division constituted
in accordance with the provisions of section 36;
"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 Administrator, published by his order
in the Colony;
"public office" means, subject to the provisions of sub-
section (3) any office of emolument in the public ser-
vice or any office of emolument under a municipal
corporation within the Colony;
"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 a civil
capacity in respect of the government of the Colony
and includes service as a member of the Judicial and
Legal Service Commission or the Police Service Com-
mission but does not include service as a Judge of the
Supreme Court;







Constitution and Elections.


"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 dis-
trict, the officer appointed by the Administrator in
that behalf under section 38;
"revising officer" means the person appointed by the Ad-
ministrator for the purpose of revising and settling
the list of voters for one or more electoral districts
under this Ordinance;
"Schedule" means Schedule to this Ordinance;
"session" means the meetings of the Council commencing
when the Council first meets after being constituted
under this Ordinance, or after its prorogation or dissolu-
tion at any time, and terminating when the Council
is next prorogued or is dissolved without having
been prorogued;
"sitting" means a period during which the Council is sitting
continuously without adjournment, and includes any
period during which the Council is in Committee;
"spoiled ballot paper" means a ballot paper which, on
polling day, has not been deposited in the ballot box
but has been found by the presiding officer to be soiled
or improperly printed, or which has been handed by
the presiding officer to a voter to cast his vote, and-
(a) has been spoiled in marking by the voter; and
(b) has been handed back to the presiding officer
and exchanged for another;
"voter" means any person who votes or is entitled to vote
at an election;
"writ" means the writ for an election.
(2) References in this Ordinance to Her Majesty's domi-
nions 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.


(CAP. 171 1347







1348 CAP. 171)


12, 13 and 14
Geo. 6 c. 92.



11 and 12 Geo.
6 c. 56.
12 and 13 Geo.
6 c. 41.


(3) For the purposes of this Ordinance a person shall not
be considered to hold a public office by reason only that he
is in receipt of a pension or other like allowance in respect of
public service; and if it is provided by any law for the time being
in force in the Colony that an office (not being an office consti-
tuted by this Ordinance or the office of member of the Judicial
and Legal Service Commission or the Police Service Commis-
sion) shall not be a public office for the purposes of this Ordin-
ance, this Ordinance shall have effect accordingly as if that
provision of that law were enacted herein.
(4) For the purposes of this Ordinance a person shall not
be considered to hold a public office by reason only that he is
in receipt of any remuneration or allowances in respect of his
tenure of the office of Minister or member of the Executive
Council or Speaker, Deputy Speaker or member of the Council.
(5) This Ordinance shall be construed-
(a) as if subsection (1) of section 1 of the India (Con-
sequential Provision) Act, 1949, applied to it in the same
way as 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 interpreted 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 com-
mencement of those Acts respectively.
(6) In this Ordinance, unless it is otherwise provided or
required by the context, any reference to the holder of an office
by a term designating or describing his office shall be construed
as including a reference to any person who, under and to the
extent of any authority in that behalf, is for the time being
performing the functions of that office.
(7) Where by this Ordinance any person is directed or
power conferred on any person or authority to appoint a person
to perform the functions of an office if the holder thereof is un-
able to perform those functions, the validity of any performance
of those functions by the person so directed or of any appoint-
ment made in exercise of that power shall not be called in ques-
tion in any court on the ground that the holder of the office is
not unable to perform the functions of the office.
(8) For the purposes of this Ordinance, the resignation of


Constitution and Elections.







Constitution and Elections.


the holder of any office that is required to be addressed to any
person shall have effect from the time that it is received by that
person.
(9) Where any power is conferred by this Ordinance to
make any proclamation, order, rules or regulations or to give
any directions, the power shall be construed as including a
power exercisable in like manner to amend or revoke any such
proclamation, order, rules, regulations or directions.
(10) For the avoidance of doubts it is hereby declared that
any person who has vacated his seat in any body, or has vacated
any office, established by this Ordinance may, if qualified,
again be appointed or elected as a member of that body, or to
that office as the case may be, from time to time.


PART II.

CONSTITUTION AND POWERS OF COUNCIL &C.
3. There shall be a Legislature in and for the Colony, Constitution
which shall consist of Her Majesty and a Legislative Council. ofegislature

4. (1) Subject to subsection (2) and to section 14, the Legislative
Council shall consist of one ex oficio member, namely the
Attorney-General, two nominated members and ten elected
members.
(2) If any person who is not a member of the Council is
elected to be Speaker of the Council he shall, by virtue of hold-
ing the office of Speaker, be a member of the Council in addition
to the members aforesaid.

5. (1) Subject to section 9, the nominated members of the Nominated
Council shall be British subjects of the age of twenty-one years
or upwards and shall be appointed by the Administrator after
consultation with the Chief Minister, by instrument under the
Public Seal of the Colony.
(2) The Administrator shall forthwith report to Her
Majesty through a Secretary of State every appointment made
under this section.

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


(CAP. 171 1349







Constitution and Elections.


Power to sum-
mon public
officer to attend
meetings of
Council.


Qualifications
for elected
membership.












Disqualifications
for nominated
and elected
membership.


7. (1) The Administrator may summon to the Council
any public officer, notwithstanding that such officer may not be
a member of the Council, when in the opinion of the Admini-
strator 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 was summoned but shall not
thereby become a member of the Council and shall not have
the right to vote in the Council.


8. Subject to the provisions of section 9, any person
who-
(a) is a British subject of the age of twenty-one years
or upwards; and
(b) has resided in the Colony for a period of twelve
months immediately preceding the date of his nomination
for election, or is domiciled in the Colony and is resident
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.


9. (1) No person shall be qualified to be appointed or
elected as a member of the Council who-
(a) is, by virtue of his own act, under any acknowledg-
ment of allegiance, obedience or adherence to a foreign
power or state;
(b) holds or is acting in any public office or in the
office of Judge of the Supreme Court;
(c) is a minister of religion;
(d) has been adjudged or otherwise declared bank-
rupt under any law in force in any part of Her Majesty's
dominions and has not been discharged;
(e) is a party to, or a partner in, a firm, or a director
or manager of a company, which is a party to, any contract
with the Government of the Colony for or on account
of the public service and-
(i) in the case of a nominated member, has not dis-
closed to the Administrator the nature of such


1350


CAP. 171)







Constitution and Elections.


contract and his interest, or the interest of such
firm or company, therein, or
(ii) in the case of an elected member, has not within
one month before the date of election published
in the Gazette and in a newspaper circulating in
the electoral district for which he seeks election
a notice setting out the nature of such contract
and his interest, or the interest of such firm or com-
pany, therein;
) is a person certified to be insane or otherwise
adjudged to be of unsound mind under any law in force in
the Colony;
(g) subject to the provisions of subsection (2), is under
sentence of death imposed on him by a court in any part
of Her Majesty's dominions, or is serving a sentence of
imprisonment (by whatever name called) exceeding twelve
months imposed on him by such a court or substituted by
competent authority for some other sentence imposed on
him by such a court, or is under such a sentence of im-
prisonment the execution of which has been suspended;
(h) is disqualified for membership of the Council by
virtue of any law for the time being in force in the Colony
relating to offences connected with elections; or
(i) in the case of an elected member, is disqualified for
election by any law for the time being in force in the
Colony by reason of his holding, or acting in, any office
the functions of which involve-
(i) any responsibility for, or in connection with, the
conduct of any election; or
(ii) any responsibility for the compilation or revision
of any electoral register for the purpose of any
election.
(2) For the purposes of paragraph (g) of subsection (1)-
(a) two or more sentences of imprisonment that are
required to be served consecutively shall be regarded as
separate sentences if none of those sentences exceeds twelve
months, but if any one of such sentences exceeds that term
they shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprison-
ment imposed as an alternative to or in default of the pay-
ment of a fine.


(CAP. 171 1351







1352 CAP. 171)


Tenure of 1. (1) Subject to the provisions of this Ordinance, every
office of
nominated and nominated member of the Council shall hold his seat therein
elected during Her Majesty's pleasure.
members.
(2) Every nominated or elected member of the Council shall
vacate his seat therein at the next dissolution of the Council
after his appointment or election.
(3) A nominated or elected member of the Council shall
also vacate his seat therein-
(a) if he resigns it by writing under his hand
addressed to the Speaker;
(b) if he is absent from the sittings of the Council for
such period and in such circumstances as may be prescribed
in the Standing Orders of the Council;
(c) if he ceases to be a British subject;
(d) if any circumstances arise that, if he were not a
member of the Council, would cause him to be disqualified
for appointment or election as such by virtue of paragraphs
(a), (b), (c), (d), (f), (h) or (in the case of an elected member)
(i) of subsection (1) of the last foregoing section;
(e) if he becomes a party to any contract with the
Government of the Colony for or on account of the public
service, or if any firm in which he is a partner, or any com-
pany of which he is a director or manager, becomes a party
to any such contract, or if he becomes 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 appears to the
Administrator (in the case of a nominated member) or to the
Council (in the case of an elected member) to be just so
to do, the Administrator, acting in his discretion, or the
Council (as the case may be) may exempt any member from
vacating his seat under the provisions of this paragraph,
if that member, before becoming a party to such contract
as aforesaid, or before or as soon as practicable thereafter
becoming otherwise interested in such contract (whether
as a partner in a firm or as a director or manager of a
company) discloses to the Administrator or to the Council
(as the case may be) the nature of such contract and his
interest, or the interest of such firm or company, therein.
(4) (a) Subject to the provisions of the next following para-
graph, if any nominated or elected member of the Council is


Constitution and Elections.







Constitution and Elections.


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, he shall forthwith cease to per-
form any of his functions as a member of the Council and his
seat in the Council shall become vacant at the expiration of a
period of thirty days thereafter:
Provided that the Administrator, acting in his discretion
(in the case of a nominated member) or the Speaker of the
Council (in the case of an elected member) may, at the request
of the member, from time to time extend that period for further
periods of thirty days to enable the member to pursue any appeal
in respect of his conviction or sentence, so, however, that exten-
sions of time exceeding in the aggregate three hundred and
thirty days shall not be given without the approval, signified by
resolution, of the Council.
(b) If at any time before the member vacates his seat
he is granted a free pardon or his conviction is set aside
or his sentence is reduced to a term of imprisonment of
twelve months or less or a punishment other than imprison-
ment is substituted, his seat shall not become vacant under
the last foregoing paragraph and he may resume the per-
formance of his functions as a member.
(c) For the purposes of this subsection-
(i) where a person is sentenced to two or more terms
of imprisonment that are required to be served
consecutively each of those terms shall be regarded
as a separate term of imprisonment; and
(ii) no account shall be taken of a sentence of imprison.
ment imposed as an alternative to or in default
of payment of a fine.

11. The Council shall not be disqualified for the trans- Validity of
action of business by reason of any vacancy in the membership proceedg
thereof (including any vacancy not filled when the Council is
first constituted or is reconstituted at any time), and any pro-
ceedings therein shall be valid notwithstanding that some person
who was not entitled so to do sat or voted in the Council or
otherwise took part in the proceedings.

12. (1) Any question whether- Determination
of questions as
(a) any person has been validly elected as a member to membership.
of the Council;


(CAP. 171 1353







1354 CAP. 171)


(b) any elected member of the Council has vacated his
seat therein or is required by virtue of subsection (4) of
section 10 to cease to exercise any of his functions as a
member; or
(c) any person has been validly elected as Speaker
of the Council from among persons who are not members
of the Council, or having been so elected, has vacated the
office of Speaker,
shall be referred to and determined by the Supreme Court in
accordance with the provisions of any law enacted by the Legis-
lature of the Colony in that behalf and, subject to any such
law, in accordance with any direction given in that behalf by
the Chief Justice.
(2) Any question whether-
(a) any person has been validly appointed as a nomi-
nated member of the Council; or
(b) any nominated member of the Council has vacated
his seat therein or is required by virtue of subsection (4) of
section 10 to cease to exercise any of his functions as a
member,
shall be referred to the Administrator in accordance with any
directions given in that behalf by the Administrator, acting in
his discretion, and shall be determined by him acting as aforesaid.
Fillingof 13. (1) Whenever the seat of a nominated member of the
vacancies.
Council becomes vacant the vacancy shall be filled by appoint-
ment by the Administrator in accordance with the provisions
of this Ordinance.
(2) Whenever the seat of an elected member of the
Council becomes vacant the vacancy shall be filled by election
in accordance with the provisions of this Ordinance.

memberay 14. (1) Whenever-
(a) the ex offcio member is absent from the Colony or
is performing the functions of the office of Administrator; or
(b) a nominated member is absent from the Colony
or is incapable of performing his functions as a member
by virtue of the provisions of subsection (4) of section 10
or by reason of a declaration made under section 15,
a person may be appointed by the Administrator, by instru-
ment under the Public Seal of the Colony to be a temporary
member of the Council.


Constitution and Elections.






Constitution and Elections.


(2) Where an appointment is made under this section in
circumstances mentioned in paragraph (a) of subsection (1)-
(a) the person appointed shall be a person holding
a public office;
(b) subject to the provisions of this section, he shall
hold his appointment during Her Majesty's pleasure; and
(c) so long as his appointment shall subsist the pro-
visions of this Ordinance shall, subject as aforesaid, apply
to him as if he were an ex oficio member of the Council.
(3) Where an appointment is made under this section in
circumstances mentioned in paragraph (b) of subsection (1)-
(a) the person shall be a person qualified for appoint-
ment as a nominated member; and
(b) so long as his appointment shall subsist the provi-
sions of this Ordinance (including the provisions of section
10) shall, subject to the provisions of this section, apply
to him as if he were a nominated member of the Council.
(4) The Administrator shall forthwith report to Her
Majesty through a Secretary of State every appointment made
under this section.
(5) An appointment made under this section may be re-
voked by the Administrator by instrument under the Public
Seal of the Colony and shall in any case cease to have effect
if the person appointed is notified by the Administrator that the
circumstances giving rise to the appointment have ceased to
exist.
(6) In the exercise of the powers conferred upon him by
this section the Administrator shall act in his discretion:
Provided that the Administrator shall consult the Chief
Minister with respect to the making of any appointment in
circumstances mentioned in paragraph (b) of subsection (1) and
the revocation of any appointment so made.


15. The Administrator acting in his discretion may, by Incapacity of
nominated
instrument under the Public Seal of the Colony, declare a nomi- membs.
nated member of the Council to be, by reason of illness, tem-
porarily incapable of performing his functions as a member of
the Council and thereupon such member shall not perform his
said functions until he is declared, in manner aforesaid, again
to be capable of performing them.


(CAP. 171 1355






1356 CAP. 171)


Sessions of 16. (1) Subject to the provisions of this section, the
Council. sessions of the Council shall be held at such times and places
as the Administrator may appoint by proclamation published
in the Gazette.
(2) The first session of the Council shall commence within
a period of six months after the coming into operation of this
section, and thereafter there shall be a session of the Council
from time to time so that a period of twelve months does not
intervene between the last sitting in one session and the first
sitting in the next session.

Speaker and 17. (1) When the Council first meets after any general
Speaker. election and before it proceeds to the despatch of any other
business, it shall elect a person to be the Speaker of the Council;
and, if the office of Speaker falls vacant, for any reason other
than a dissolution of the Council, the Council shall, as soon as
practicable, elect another person to that office.
(2) The Speaker may be elected either from among the mem-
bers of the Council who are not members of the Executive Council
or from among persons who are not members of the Council:
Provided that a person who is not a member of the Council
shall not be elected as Speaker if-
(a) he is not a British subject; or
(b) he is a person disqualified for election as an elected
member of the Council by virtue of paragraph (a), (b), (c),
(d), (f), (g), (h) or (i) of subsection (1) of section 9.
(3) When the Council first meets after any general election
and before it proceeds to the despatch of any other business
except the election of the Speaker, it shall elect a member of the
Council who is not a member of the Executive Council to be
Deputy Speaker of the Council; and if the office of Deputy
Speaker falls vacant for any reason other than a dissolution of
the Council, the Council shall, as soon as convenient, elect
another such member to that office.
(4) A person shall vacate the office of Speaker or Deputy
Speaker-
(a) on a dissolution of the Council;
(b) in the case of a Speaker elected from among the
members of the Council or in the case of the Deputy
Speaker, if he ceases to be a member of the Council for
any reason other than a dissolution of the Council or if,


Constitution and Elections.






(CAP. 171 1357


by virtue of subsection (4) of section 10, he is required to
cease, to perform any of his functions as a member or if he
is appointed to be a member of the Executive Council;
(c) in the case of a Speaker elected from among per-
sons who are not members of the Council, if he ceases
to be a British subject or if any circumstances arise that
would cause him to be disqualified for election as an elected
member of the Council by virtue of paragraph (a), (b),
(c), (d), (f), (h) or (i) of subsection (1) of section 9 or that,
if he were an elected member, would, by virtue of subsection
(4) of section 10, require him to cease to perform any of his
functions as a member;
(d) if he announces the resignation of his office to the
Council or if, by writing under his hand addressed, in the
case of the Speaker to the Clerk of the Council and in the
case of the Deputy Speaker to the Speaker (or if the office
of Speaker is vacant or the Speaker is absent from the
Colony, to the Clerk) he resigns that office;
(e) in the case of the Deputy Speaker, if he is elected
to be Speaker.

18. (1) The Speaker or, in his absence, the Deputy Presiding in
Speaker or, if they are both absent, a member of the Council the Council.
(not being a member of the Executive Council) elected by the
Council for that sitting shall preside at each sitting of the
Council.
(2) References in this section to circumstances in which the
Speaker or Deputy Speaker is absent include references to cir-
cumstances in which the office of Speaker or Deputy Speaker
is vacant.

19. The Administrator shall have the right of addressing Administrator's
right to address
the Council at any time when he shall think fit. Council.

20. No member of the Council shall be permitted to take Oath or
affirmation of
part in the proceedings of the Council (other than proceedings Allegiance.
necessary for the purposes of this section) until he has made and
subscribed before the Council the following Oath of Allegiance-
"I, A.B., do swear that I will be faithful and bear true
allegiance to Her Majesty Queen Elizabeth the Second,
Her Heirs and Successors according to law. So help me
God!":


Constitution and Elections.







1358 CAP. 171)


Provided that any person authorized by law to make an
affirmation instead of taking an oath may make such affirmation
in like terms instead of taking the said oath:
Provided also that the election of a Speaker and Deputy
Speaker of the Council may take place before the members
thereof have made such oath or affirmation.

Quorum. 21. (1) If at any sitting of the Council any member who
is present draws the attention of the person presiding at the
sitting to the absence of a quorum and, after such interval as may
be prescribed in the Standing Orders of the Council, the person
presiding at the sitting ascertains that a quorum of the Council
is still not present the Council shall be adjourned.
(2) A quorum, of the Council shall consist of seven mem-
bers besides the person presiding at the sitting.

Voting. 22. All questions proposed for decision in the Council
shall be determined by a majority of the votes of the members
present and voting:
Provided that the person presiding shall not vote unless
on any question the votes are equally divided, in which case he
shall have and exercise a casting vote.

Prorogation 23. (1) The Administrator acting in accordance with the
and dissolution. advice of the Chief Minister may at any time, by proclamation
published in the Gazette, prorogue the Council.
(2) The Administrator, acting after consultation with the
Chief Minister, may at any time, by proclamation published
in the Gazette, dissolve the Council.
(3) The Administrator shall dissolve the Council at the
expiration of five years from the date when the Council first
meets after any general election unless it has been sooner
dissolved.

General 24. A general election of elected members of the Council
elections. shall be held at such time within three months after the coming
into operation of this section and after every dissolution of the
Council as the Administrator shall appoint by proclamation
published in the Gazette.


Constitution and Elections.







Constitution and Elections.


25. (1) Subject to the provisions of this Ordinance and Introduction
of the Standing Orders of the Council, any member may intro- of Bills, e
duce any Bill or propose any motion for debate in, or may pre-
sent any petition to, the Council, and the same shall be debated
and disposed of according to the Standing Orders of the Council.
(2) Except on the recommendation of the Administrator
signified by a Minister, the Council shall not-
(a) proceed upon any Bill (including any amendment
to a Bill) which, in the opinion of the person presiding in
the Council, would dispose of or charge any public revenue
or public funds of the Colony or alter any disposition thereof
or charge thereon or impose, alter or repeal any rate, tax
or duty;
(b) proceed upon any motion (including any amend-
ment to a motion) the effect of which, in the opinion of
the person presiding in the Council, is that provision should
be made for any of the purposes aforesaid; or
(c) receive any petition which in the opinion of the
person presiding in the Council, requests that provision be
made for any of the purposes aforesaid.



26. Subject to the provisions of this Ordinance, the Power to
Legislature shall have power to make laws for the peace, order S.I. 1962
and good government of the Colony. No. 1084.


27. (1) Subject to the provisions of this Ordinance, the Standing
Council may make, amend and revoke Standing Orders for the
regulation and orderly conduct of its own proceedings and the
despatch of business, and the passing, intituling and numbering
of Bills and the presentation of the same to the Administrator
for assent.

(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).


(CAP. 171 1359







1360 CAP. 171)


Penalty for
unauthorized
person sitting
or voting.


Assent to
Bills.


S.I. 1962
No. 1084.


28. (1) Any person who sits or votes in the Council
knowing or having reasonable grounds for knowing that he is
not entitled so to do shall be liable to a penalty not exceeding
one hundred dollars for every day upon which he so sits or votes.
(2) The said penalty shall be recoverable by action in the
Supreme Court at the suit of the Attorney-General.


29. (1) A Bill shall not become a law until either-
(a) the Administrator has assented thereto in Her
Majesty's name and on Her Majesty's behalf and has
signed the same in token of such assent; or
(b) Her Majesty has given Her assent thereto through
a Secretary of State and the Administrator has signified
such assent by proclamation published in the Gazette.
(2) When a Bill is presented to the Administrator for assent
he shall declare that he assents or refuses to assent thereto or that
he reserves the Bill for the signification of Her Majesty's pleasure:
Provided that, unless he has been authorized by a Secretary
of State to assent thereto, the Administrator shall reserve for
the signification of Her Majesty's pleasure any Bill-
(a) which appears to him, acting in his discretion-
(i) to be inconsistent with any obligation of Her
Majesty or of Her Majesty's Government in the
United Kingdom towards any other state or power
or any international organization;
(ii) to be likely to prejudice the Royal prerogative,
or the maintenance of law and order in the
Colony, or the efficiency of the Judiciary or the
Public Service or any part thereof;
(iii) to be likely to prejudice the defence of the Colony
or of any part of Her Majesty's dominions, or
(b) which is in any way repugnant to or inconsistent
with the provisions of this Ordinance.
(3) A law assented to by the Administrator shall come into
operation on the date on which such assent shall be given, unless
it shall be enacted, either in such law or in some other enactment
(including any enactment in operation on the date of the coming
into operation of this Ordinance) that it shall come into opera-
tion on some other date, in which case it shall come into opera-
tion on that date.


Constitution and Elections.







Constitution and Elections.


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

30. In every Bill presented to the Administrator for
assent the words of enactment shall be as follows-
"Be it enacted by the Queen's Most Excellent Majesty, by
and with the advice and consent of the Legislative Council
of Antigua, and by the authority of the same as follows :-".

31. (1) Any law assented to by the Administrator may
be disallowed by Her Majesty through a Secretary of State.
(2) Whenever any law has been disallowed by Her Majesty
the Administrator shall cause notice of such disallowance to
be published in the Gazette and the law shall be annulled with
effect from the date of publication of that notice.
(3) On the annulment of any law under this section, any
enactment repealed or amended by or in pursuance of that law
shall have effect as from the date of the annulment as if that
law had not been made; but save as provided by the foregoing
provisions of this subsection the provisions of subsection (2) of
section 18 of the Interpretation and General Clauses Act, shall
apply to that annulment as they apply to the repeal of an
Ordinance.

32. (1) In the exercise of the functions conferred by
sections 7, 19, 34, 36, 38, subsection (1) of section 42, sections
48, 55, 56 and subsection (3) of section 77, the Administrator
shall act in his discretion.
(2) Where the Administrator is directed by this Ordinance
to exercise any function after consultation with any person or
authority he shall not be obliged to exercise that function in
accordance with the advice of that person or authority.
(3) Where the Administrator is directed by this Ordinance
to exercise any function in accordance with the advice of, or
after consultation with, any person or authority, the question


Reserved Bills.










Words of
enactment.





Disallowance
of laws.


Cap. 175.



Exercise of
functions con-
ferred on
Administrator.


(CAP. 171 1361







Constitution and Elections.


Privileges, etc.
of Council.


Appointment,
powers and
duties of
Supervisor of
Elections.


Electoral
districts
First Schedule.
Representation
on Council.

Polling
divisions.


whether he has so exercised that function shall not be enquired
into in any court.
(4) The Administrator shall not be obliged to obtain the
advice of the Executive Council in relation to the exercise of
any function conferred upon him by this Ordinance which is
expressed to be exercisable by him in his discretion.

33. The Legislature may by law determine and regulate
the privileges, immunities and powers of the Council and the
members thereof, but no such privileges, immunities or powers
shall exceed those of the Commons' House of Parliament of the
United Kingdom or of the members thereof.


PART III.

ELECTORAL DISTRICTS AND REGISTRATION OF VOTERS.

34. The Administrator shall appoint a Supervisor of
Elections who shall-
(a) exercise general direction and supervision over
the administrative conduct of elections and enforce on the
part of all election officers fairness, impartiality and com-
pliance with the provisions of this Ordinance;
(b) issue to election officers such instructions as from
time to time he may deem necessary to ensure effective
execution of the provisions of this Ordinance;
(c) execute and perform all other powers and duties
which by this Ordinance are conferred and imposed upon
him.

35. (1) For the purposes of the election of members of
the Council, the Colony shall be divided into ten electoral dis-
tricts as defined in the First Schedule.
(2) Each electoral district shall be represented on the Coun-
cil by one elected member.

36. (1) Each electoral district shall be a polling division.
(2) Notwithstanding the provisions of subsection (1) the
Supervisor of Elections with the approval of the Administrator
may divide any electoral district into so many polling divisions
and with such boundaries and descriptions as he may by notice
published in the Gazette appoint.


1362


CAP. 171)







Constitution and Elections.


(3) The Supervisor of Elections may in like manner from
time to time vary the number, descriptions and boundaries of
any polling division so appointed.

37. (1) The Supervisor of Elections shall appoint a person pof regitein
to be the registering officer for each polling division within an officers etc.
electoral district.
(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 registering officer shall have all
the powers and may perform any of the duties of a registering
officer under this Ordinance except the examination of claims.
(4) The Supervisor of Elections may at any time revoke
any appointment made by him under this section and make
another appointment in place thereof.
(5) A registering officer shall have such powers and be
charged with such duties as hereinafter appearing.
(6) Every registering officer shall, before entering on his
duties as such, take and subscribe an oath in the form set out Form No. 12.
as Form 12 in the Second Schedule and shall transmit such oath Second
to the Supervisor of Elections. Schedule.

38. (1) The Administrator may, on the recommendation Appointment
of the Supervisor of Elections, appoint a fit and proper person of returning
to be the returning officer for each electoral district.
(2) The Administrator may at any time revoke any
appointment made by him under this section and make another
appointment in place thereof.
(3) Forthwith upon his appointment each returning officer
shall take and subscribe an oath in the form set out as Form
No. 12A in the Second Schedule and shall transmit such oath Second
Schedule.
to the Supervisor of Elections. Form No.12A.

39. Every election officer and every person who is re- Taking of
quired by Part III or Part IV to take any oat4 may take such Oaths.
oath either before a Magistrate, Justice of the Peace, the Super-
visor of Elections or before any returning officer or presiding


(CAP. 171 1363







1364 CAP. 171)


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
to be made or taken by any election officer or other person.

(2) Every person who is required to take an oath in pur-
suance of any of the provisions of Part III or Part IV may
elect to make a solemn affirmation instead of taking such oath.

Remuneration 40. There shall be paid to the Supervisor of Elections,
each registering officer, assistant registering officer, returning
officer, revising officer and to any other officers appointed under
this Ordinance such remuneration for their services and such
allowances in respect of travelling and other expenses incurred
by them as the Administrator in Council may prescribe.

oQlfication of 41. (1) Subject to the provisions of subsection (2) 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 Colony; and
(c) is a British subject; and
(d) has resided in the Colony for twelve months imme-
diately preceding the date of registration as a voter or is
domiciled in the Colony and is resident therein at the
date of such registration; and
(e) is not disqualified under the provisions of this Ordi-
nance 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 punish-
ment to which he was sentenced or such other punishment as
by competent authority may have been substituted for the same
or received a free pardon from Her Majesty.


Constitution and Elections.







Constitution and Elections. (CAP. 171 1365


42. (1) Subject as hereinafter in this section provided, Notice to per-
sons entitled
the Supervisor of Elections shall in such month in such years as to vote.
the Administrator by proclamation may appoint and in no case
being more than five years after the date of the return of the
first writ at the last preceding general election publish a notice,
in the form set out as Form No. 1 in the Second Schedule, in Form No. 1.
the Gazette and in one or more newspapers published in the Schedule.
Colony requiring within twenty-one days after the first publica-
tion of the said notice every person who claims to be entitled to
vote at an election to deliver to the registering officer of the
polling division of the electoral district in which such person
resides notice of his claim to be registered as a voter.

(2) Within the said twenty-one days every person who Notice of
desires and is entitled to be registered as a voter shall deliver claim to vote.
or cause to be delivered to the registering officer a notice of his
claim to be registered as a voter in the form set out as Form
No. 2 in the Second Schedule, and shall produce such evidence Form No. 2.
as may be necessary to establish his claim to be so registered: Second
Schedule.
Provided that no person shall register in more than one
polling division:
Provided further that no person whose name is upon the
Register of Voters shall be required thereafter to make any such
claim as aforesaid so long as he is entitled to be registered as a
voter.

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

(4) If any such claimant is unable by reason of illiteracy,
blindness or any other physical cause to perform the subscrip-
tion mentioned in subsection (3), such subscription shall be per-
formed on his behalf by the registering officer, who shall witness
the same by subscribing his own signature to the notice of claim
of such claimant.

(5) The registering officer shall examine the qualifications Examination
in respect of which a claim to be registered as a voter is made registers
and shall receive such evidence as may be necessary to prove officer.
to his satisfaction that the claimant possesses the qualifications
in respect of which he claims to be registered as a voter.







Constitution and Elections.


Registration (6) In all cases where the registering officer is satisfied that
o claimant the claimant possesses the necessary qualifications, he shall
register the claimant in the manner hereinafter provided, other-
wise he shall disallow such claim.
Examination (7) The registering officer shall within the twenty-one days
mentioned in subsection (2) ascertain whether any of the per-
sons registered as voters for the polling division in the Register
of Voters for the relevant electoral district have ceased to retain
the qualifications in respect of which they were registered, or
whether any of them are dead; and he shall in the next list
of voters to be made up by him in accordance with the pro-
visions of section 43 write the words "Objected to" against
the name of every person who, he has cause to believe, has
ceased to retain the qualifications in respect of which he was
registered, and shall write the word "Dead" against the name
of every person who, he has cause to believe, is dead.

List of 43. (1) The registering officer shall within the space
voters.
of twenty-one days from the last day upon which any notice
of claim as provided in subsection (2) of section 42 is allowed
to be made, make out an alphabetical list, in the form set out
Form No. 3. as Form No. 3 in the Second Schedule, of all persons residing
Second in the polling division of the electoral district for which he is
appointed who in his opinion are entitled to be registered as
voters, and shall cause a copy of such list (hereinafter in this
Ordinance referred to as the "first list of voters"), dated and
signed by him, to be posted on the outer doors of any Court
House, police station, church, chapel, school-house or other
building in such electoral district which in his opinion will give
publicity to such list.
(2) The first list of voters shall during the hours of business
in each day for a period of ten days after the posting thereof
be open to inspection of the public free of charge at every police
station in the electoral district to which such list applies and at
the Court House in the City of Saint John's.

Procedure as 44. (1) Every person whose name has been omitted from
ia omsbjeions or wrongly stated in the first list of voters and who claims to
have his name inserted therein or the mistake rectified, as the
case may be, shall within ten days after the posting of such list
give notice in writing to the registering officer of the polling


1366 CAP. 171)







(CAP. 171 1367


division of the electoral district in which he resides in the form
set out as Form No. 4 in the Second Schedule. Form No. 4.
Second
(2) Every person whose name appears in any such list may Schedule.
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 such posting give notice in the forms set out as
Form No. 5 (1) and Form No. 5 (2) in the Second Schedule Forms No. 5
(1) and5 (2).
to the registering officer of the polling division of the electoral Second
district in which he resides and to the person objected to by Schedule.
delivering the same to him personally or by leaving the same
at his usual place of abode.
(3) Within ten days after the expiration of the ten days
mentioned in subsection (2) each registering officer shall prepare
a list of all such claims and objections and the names of the
persons who have made the same, and such list shall be open
to the inspection of the public free of charge during the hours
of business in each day for a period of ten days after the prepara-
tion of such list at every police station in the electoral district to
which such list applies and at the Court House in the City of
Saint John's.


45. (1) An open court shall be held in one or more Court to revise
places in each electoral district by and before a revising officer list.
for the purpose of revising the first list of voters.

(2) The said court shall be held on such day as may be
fixed by the revising officer being within four weeks after the
posting of the list of claims and objections, and six days notice
in the form set out as Form No. 6 in the Second Schedule of Form No. 6.
the holding of such court and of the place at which the same is Second
to be held shall be given in the Gazette, in one or more of the Schedule.
newspapers published in the Colony and by posting such notice
on the outer doors of the Court House, Treasury, and police
stations in the Colony.


46. (1) Upon the production in court by the registering Procedure of
officer of a polling division of an electoral district of the list of list "risi
claims and objections received by such registering officer the
revising officer shall go through the same and shall insert in
the first list of voters the name of every person who is proved to


Constitution and Elections.







1368 CAP. 171) Constitution and Elections.


his satisfaction to be entitled to have his name inserted therein,
rectify any mistake in such list of which he is satisfied, and shall
strike out of such list the name of every person who, upon the
application of the objector, is proved to the satisfaction of the
revising officer to be disentitled to have his name retained in
the list.
(2) If the objector appears neither in person, nor by counsel,
nor by some voter duly authorized by him in that behalf, the
objection shall be overruled, and the name of the person objected
to shall be retained in the list of voters for that electoral district.

(3) Every revising officer holding a court under this Ordi-
nance shall have power to adjourn the same to such time and
as often as may be necessary and shall have the same powers
for the keeping of order in his court as are given to a magistrate
Cap. 48. 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 first list of voters or inserted therein, and against
any mistake or omission corrected, and shall sign his name to
every page of the first list of voters, when the same is finally
settled.

(5) If the revising officer is of the opinion that the claim or
objection of any person is 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 recover-
able 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 accordance with the provisions
Cap. 48. of the Magistrate's Code of Procedure Act.



Reised list d t47. (1) On completion of the revision of the first lists of
deemed Regis- voters of the polling divisions of each electoral district, the
ter of Voters. 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.






(CAP. 171 1369


(3) The copy of the lists transmitted to the Savervisor of
Elections shall be deemed to be the Register of Voters for that
electoral district and shall remain in force until the next lists of
voters have been revised and certified in accordance with the
provisions of this Ordinance.
(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 there-
from 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.
48. (1) For the purpose of every general election of Issue of writs
for holding
members of the Council, and for the purpose of the election of elections.
members to supply vacancies caused by death, resignation or
otherwise, the Administrator shall issue writs under the Public
Seal of the Colony, addressed to the returning officers of the
respective electoral districts for which members are to be re-
turned. Such writs shall be forwarded to the Supervisor of Elec-
tions for transmission to the several returning officers.

(2) Every such writ shall be in the form set out as Form Form No. 7.
No. 7 in the Second Schedule, and shall specify the day and Second
place of nomination of candidates, the day on which, if neces-
sary, 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 Administrator.

(3) Upon receipt of such writ every returning officer shall
proceed to hold the election in the manner hereinafter provided.


49. (1) On receiving such writ, every returning officer Notice of place
shall publish in the Gazette and in one or more newspapers pub- an tin of
lished in the Colony a notice in the form set out as Form No. 8
in the Second Schedule of the day and place fixed for the nomi- Sondo.
nation of candidates. Schedule.
(2) Such notice shall be published at least seven clear days


Constitution and Elections.








1370 CAP. 171)


Form No. 9.
Second
Schedule.
Nomination of
Candidates.


before the day fixed for such nomination and the returning officer
shall give further notice of the issue of such writ and of the
time and place fixed for the nomination of candidates by caus-
ing notices in the said Form No. 8 to be posted on the outer doors
of any Court House, police station, church, chapel, school-house
or other building in the electoral district as he may deem
necessary.

(3) Nomination papers shall be provided by the returning
officer and shall be in the form set out as Form No. 9 in the
Second Schedule.

(4) On the day and at the place so fixed for the nomination
of candidates every returning officer shall attend between the
hours of ten o'clock in the forenoon and one o'clock in the after-
noon 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 nomina-
tion 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 subse-
quent to nomination day any person by whom his nomination
paper was signed is struck off the first list of voters or the Register
of Voters for the relevant electoral district.

Uncontested (6) If at four o'clock in the afternoon only one candidate
Elections. has been nominated for the seat to be filled, the returning officer
shall declare that candidate to be duly elected and shall imme-
diately thereafter certify by endorsement on the writ the return
Form No. 10. of such candidate in the form set out as Form No. 10 in the
Second Second Schedule and shall return the writ so endorsed to the
Schedule. Supervisor of Elections for transmission to the Administrator
within the time for that purpose specified therein.


Withdrawal of
candidature.


(7) Any candidate duly nominated may, not less than
three clear days before the day fixed for taking the poll, with-
draw from his candidature by giving notice to the effect, signed
by him, to the returning officer, provided that on such with-
drawal there remain not less than two duly nominated candi-
dates.


Constitution and Elections.







(CAP. 171 1371


(8) If any such candidate withdraws from his candidature
in accordance with subsection (7) of this section, or dies, before
the day fixed for the taking of the poll, the returning officer
shall forthwith give public notice of such withdrawal or death
in the manner mentioned in subsection (2) of section 45; and
all proceedings with reference to the election shall be commenced
afresh in all respects as if the writ had been received on the day
of such withdrawal or death, as the case may be, and the pro-
visions 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 subsection (5).

50. (1) A candidate for election, or someone on his be- Deposit.
half, shall deposit with the returning officer, on or before the
day of his nomination, the sum of ninety-six dollars, and, if he
fails to do so, the nomination of such candidate shall be deemed
to be withdrawn.
(2) The deposit may be made in any legal tender, or, with
the consent of the returning officer, in any other manner.
(3) The full amount of every deposit made under subsection
(1) shall forthwith after its receipt be transmitted by the return-
ing officer to the Accountant-General of the Colony.
(4) If after the deposit is made the candidature is withdrawn
in accordance with the provisions of subsection (7) of section 49,
the deposit shall be returned by the Accountant-General of the
Colony to the person by whom it was made; and if the candidate
dies after the deposit is made and before the taking of the poll,
the deposit, if made by him, shall be returned to his legal personal
representative, or, if not made by him, shall be returned to the
person by whom it was made.

51. (1) If a candidate who has made such deposit is When deposit
not elected, and the number of votes polled by him does not forfeited, or
returned.
exceed one-eighth of the total number of votes polled, the
amount deposited shall be forfeited to the Crown; in any other
case the deposit shall be returned by the Accountant-General of
the Colony as soon as practicable after the result of the election
is declared, to the candidate, his legal personal representative,
or the person by whom the deposit was made, as the case may


Constitution and Elections.







1372 CAP. 171)


Contested
elections, pub-
lication of date
and place, &c.





Form No. 11.
Second
Schedule.





Power to
adjourn poll.

















Polling stations.


(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.



52. (1) If there shall be more than one candidate duly
nominated a poll shall be taken, and in 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 herein-
after provided.

(2) The returning officer shall, as soon as practicable after
adjourning the election, give notice, in the form set out as
Form No. 11 in the Second Schedule, by publication in one or
more newspapers published in the Colony, of the day and time
on which and the addresses of the polling stations in the elec-
toral 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.

(3) Where the proceedings at any polling station are inter-
rupted or obstructed by riot, or open violence, or by the occur-
rence of any earthquake, hurricane, flood, fire, outbreak of
pestilence or outbreak of infectious disease or other calamity
whether similar to the foregoing or not, the presiding officer
may adjourn the proceedings till the following day and there-
after 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 ad-
journed 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.



53. (1) On the day named in the notice published under
the provisions of subsection (2) of section 52 for the taking of
the poll the returning officer shall cause to be opened in each
polling division in the electoral district to which he is appointed
such number of polling stations as the Supervisor of Elections
shall determine.


Constitution and Elections.







(CAP. 171 1373


(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 morning and shall be closed
at six o'clock in the afternoon.

54. Where more than one polling station is established Division of
for any polling division, the returning officer shall divide the list.
list of voters for the polling division into as many separate lists
as there are polling stations in the polling division.


55. (1) The Supervisor of Elections shall, subject to the Presiding
officers.
approval of the Administrator, 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 each presiding officer
shall take and subscribe an oath in the form set out as Form Seo0nd.13
No. 13 in the Second Schedule and shall transmit such oath to Schedule.
the Supervisor of Elections.


56. (1) The Supervisor of Elections shall, subject to the Poll clerks.
approval of the Administrator, appoint a poll clerk for every
polling station in an electoral district.
(2) Forthwith upon his appointment every poll clerk shall
take and subscribe an oath in the form set out as Form No. 14 Form No. 14.
Second
in the Second Schedule and shall transmit such oath to the Schedule.
Supervisor of Elections.
(3) If any presiding officer dies or becomes incapable of
performing his duties during the taking of the poll, the poll clerk
shall forthwith assume the office of presiding officer and shall
appoint some other person to act as poll clerk.
(4) If any poll clerk dies or becomes incapable of per-
forming his duties during the taking of the poll, the presiding
officer shall forthwith appoint some other person to act as poll
clerk.


Constitution and Elections.







1374 CAP. 171)


(5) Every appointment made under subsection (3) or sub-
section (4) shall be immediately reported to the Supervisor of
Elections by the person making the appointment.

Ballot boxe.. T7. (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 58. (1) The returning officer shall provide each presid-
election
material. ing 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;
(b) the necessary materials to enable voters to mark
the ballot papers;
(c) the necessary materials for putting the official
mark on the ballot papers;
(d) at least two copies, which he shall certify, of the
list of voters relating to the electoral district to which he is
appointed or such part thereof as contains the names of
the voters allocated to such polling station (hereinafter
called "the official list of voters");
(e) at least three copies of the directions for the guid-
Form No. 15. ance of voters in the form set out as Form No. 15 in the
Second Second Schedule;
Schedule.
(f) a blank poll book;
(g) the several forms of oaths to be administered to
voters or other persons;
(h) such other things as may be necessary for con-
ducting the election in the manner provided by this Ordi-
nance.


Constitution and Elections.







Constitution and Elections.


59. (1) Each candidate may, before the commencement
of the poll, appoint one polling agent to attend at a polling
station and one counting agent to attend at the counting of the
votes.
(2) An agent may be appointed on behalf of more than
one candidate.

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


60. (1) The poll shall be taken in each polling division
by secret ballot in accordance with the provisions of sections
68, 69 and 70.

(2) The ballot of each voter shall be a printed paper in
the form set out as Form No. 17 in the Second Schedule (in this
Ordinance called a ballot paper) in which the names, descrip-
tions, and residences of the candidates alphabetically arranged
in the order of their surnames and numbered accordingly
shall be printed exactly as they are set out in the nomina-
tion paper. Each ballot paper shall have a number printed on
the back and shall have attached to it a counterfoil with the
same number printed on the face and there shall be a line of
perforations between the ballot paper and the counterfoil.


61. Each presiding officer shall, on or 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.


62. (1) Subject to the provisions of sections 64 and 65
no person shall be entitled to vote in any polling division unless
his name appears on the list of voters in respect of that polling
division.

(2) Every person whose name appears upon the official list
of voters for any polling station shall be entitled to vote in the
polling division in which that polling station is situated notwith-
standing that he is not resident in that polling division upon
polling day:


Polling and
counting agent.


Taking of poll
and the ballot.



Form No. 17.
Second
Schedule.









Inspection of
polling station.


Where voter
shall vote.


(CAP. 171 1375







1376 CAP. 171) Constitution and Elections.


Provided however that no person shall vote in more than
one electoral district or at more than one polling station in the
same electoral district or more than once in the same electoral
district on the same day.
(3) Any person contravening any of the provisions of the
preceding subsections shall be liable on summary conviction to
imprisonment for six months.

Restriction on 63. No person shall vote for the election of more than one
voting.
candidate.

Transfer of 64. (1) Where any person whose name appears upon the
voters in
special cases. official list of voters for any polling station is appointed as pre-
siding officer or poll clerk for some other polling station in the
same electoral district, the returning officer shall transfer the
name of the presiding officer or poll clerk, as the case may be,
to the official list of voters for the polling station of which such
person is appointed the presiding officer or poll clerk.
(2) The returning officer shall give notice in writing to
every candidate in his electoral district of any transfer made
under subsection (1) and to the presiding officer of the polling
station at which the person whose name is so transferred would
have been entitled to vote but for the provisions of section 65.

Where trans- 65. (1) Every person whose name is transferred in ac-
ferredoter cordance with the provisions of section 64 from any official
may vote.
list of voters to another official list of voters shall vote, if he
votes at all, in the polling station of which he is appointed pres-
iding 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
station other than the polling station of the polling division 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.

Proceedings 66. (1) At the hour fixed for opening the poll the
at poll. presiding officer and the poll clerk 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







(CAP. 171 1377


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 main-
tained there until the close of the poll.
(2) Immediately after the ballot box is so locked, the
presiding officer shall call on the voters to vote.
(3) The presiding officer shall secure the admittance of
every voter in the polling station and shall see that they are
not impeded or molested at or about the polling station.
(4) Every voter, upon entering the polling station, shall
declare his name, residence and 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. When it has
been ascertained that the applicant voter is qualified to vote at
the polling station, his name, address and occupation shall be
entered in the poll book to be kept by the poll clerk in the form
set out as Form No. 16 in the Second Schedule, a number cor- eorNo. 16
responding to the consecutive number allotted to the voter on Schedule.
the official list of voters being prefixed to the voter's name in
the appropriate column of the poll book, and the voter shall be
immediately allowed to vote, unless an election officer or any
agent of a candidate present at the polling station desires that he
be first sworn.
(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 Ordinance directs; and
(b) enter in the poll book opposite the name of each
voter as soon as the voter's ballot paper has been deposited
in the ballot box, the word "voted"; and
(c) enter in the poll book the word "Sworn" or
"Affirmed" opposite the name of each voter, to whom any
oath or affirmation has been administered indicating the
nature of the oath or affirmation; and
(d) enter in the poll book the words "Refused to be
sworn" or "Refused to affirm" or "Refused to answer"
opposite the name of each voter who has refused to take
an oath or affirm, when he has been legally required so
to do, or has refused to answer questions which he has
been legally required to answer.


Constitution and Elections.







Constitution and Elections.


Who are to be
admitted
within polling
stations.





Agents how to
be placed.




Preservation
of order.


67. (1) The presiding officer shall keep order at his poll-
ing station and shall regulate the number of voters to be admit-
ted at a time, and shall exclude all other persons except the
Supervisor of Elections, the returning officer of the electoral
district, the poll clerk, the candidates, one agent for each candi-
date appointed by such candidate in accordance with the provi-
sions of section 59 and the police officers on duty.
(2) The agents aforesaid shall be posted in such a place
that they can see each person who presents himself as a voter
and hear his name as given in by him, but so that they cannot
see how any voter votes. They shall not interfere in the proceed-
ings save in so far as they may be allowed by this Ordinance.
(3) If any person persists, after being warned, in disobeying
the directions of the presiding officer or in acting in contraven-
tion of this section, it shall be lawful for the presiding officer
to cause him to be removed from the polling station.


General mode 68. (1) Each voter shall receive from the presiding
of taking
ballot, officer a ballot paper on which such officer has previously put
his initials so placed as indicated in the form set out as Form
Form No. 17. No. 17 in the Second Schedule that when the ballot paper is
Second folded the said initials can be seen without opening it, and on
the counterfoil of which he has placed a number corresponding
to the consecutive number on the official list of voters and
entered in the poll book opposite the name of such voter.
(2) The presiding officer shall instruct the voter how to
make his mark, and shall properly fold the voter's ballot paper,
directing him to return it, when marked, folded as shown, but
without inquiring or seeing for whom the voter intends to vote,
except when the voter is unable to vote in the manner prescribed
by this Ordinance on account of illiteracy, blindness or other
physical incapacity.
(3) The voter on receiving the ballot paper shall forthwith
enter one of the polling compartments 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


1378 CAP. 171)







Constitution and Elections.


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 counter-
foil and deposit the ballot in the ballot box.
(4) A voter who has inadvertently so dealt with the ballot
paper delivered to him that it cannot conveniently be used shall
restore it to the presiding officer who shall cancel it by writing
the word "Spoiled" across the face of the same. The presiding
officer shall then deliver another ballot paper to the voter.
(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 sufficient time to enable them to vote, but
no one not actually present within the polling station at the
hour of closing shall be allowed to vote.

69. (1) The presiding officer may, and shall if requested
by a candidate or his agent, put to the voter the following
questions-
(a) Are you the same person whose name appears as
"A.B." on the list of voters now in force for this polling
division?
(b) Have you already voted at this election either
here or elsewhere?
(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 conviction, to imprisonment for
six months.

70. (1) Subject to all other provisions of this Ordinance
as to proof of qualification as a voter, and as to the administra-
tion of oaths, if a person representing himself to be a particular
voter applies for a ballot paper after another person has voted
as such person, he shall be entitled to receive a ballot paper
and to vote after taking the oath of identity, in the form set out
as Form No. 18 in the Second Schedule, and otherwise estab-
lishing his identity to the satisfaction of the presiding officer.


Questions
which may be
put to a voter.


Mode of taking
ballot in special
cases.




Form No. 18.
Second
Schedule.


(CAP. 171 1379







1380 CAP. 171) Constitution and Elections.


(2) In such case, the presiding officer shall put on the
ballot paper his initials together with a number corresponding
to the number allotted to the voter on the list of voters and
entered in the poll book opposite the name of such voter, and
the poll clerk shall enter in the poll book-
(a) the name of such voter;
(b) a note of his having voted on a second ballot paper
issued under the same name;
(c) the fact of the oath of identity having been required
and taken, and the fact of any other oaths being so required
and taken; and
(d) any objections made on behalf of any, and of
which, of the candidates.
(3) The presiding officer, on the application of any voter
who is incapacitated from any physical cause other than blind-
ness or by reason of illiteracy from voting in the manner pre-
Form No. 19 scribed by this Ordinance, shall require the voter making such
Second application to make oath in the form set out as Form No. 19
Schedule. in the Second Schedule of his incapacity to vote without assist-
ance, and shall thereafter assist such voter by marking his ballot
paper in the manner directed by such voter in the presence of the
poll clerk and of the sworn agents of the candidates and of no
other person, and shall place such ballot in the ballot box.
(4) The presiding officer shall either deal with a blind
voter and a voter who is unable to mark his ballot paper by
reason of illiteracy in the same manner as with an otherwise
incapacitated voter, or, at the request of any blind voter or a
voter who is unable to mark his ballot paper by reason of illi-
Form No. 20. teracy and who has taken the oath in the form set out as Form
Second No. 20 in the Second Schedule, and is accompanied by a friend
Schedule. who is a voter in the polling division, 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) is permitted to mark the ballot paper of a
blind voter or a voter who is unable to mark his ballot paper
by reason of illiteracy shall first be required to take an oath in the
Form No. 21. form set out as Form No. 21 in the Second Schedule that he will
Second
Schedule. keep secret the name of the candidate for whom the ballot
of such voter is marked by him, and that he has not already







Constitution and Elections.


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 subsection (3) or subsection (4), the poll clerk
shall enter in the poll book opposite the voter's name, in addition
to any other requisite entry, the reason why such ballot paper
was so marked.


71. (1) Where there is contained in the list of voters
a name, address and occupation which corresponds so closely
with the name, address and occupation of a person by whom
a ballot paper is demanded as to suggest that the entry in such
list of voters was intended to refer to him, such person shall,
upon taking the oath in the form set out as Form No. 22 in the
Second Schedule and complying in all other respects with the
provisions of this Ordinance, be entitled to receive a ballot paper
and to vote. In any such case the name, address and occupa-
tion 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, if he refuse to take such oath, erasing lines shall be drawn
through his name on the official list of voters and in the poll
book, if such name has been entered in the said book, and the
words "Refused to be sworn" shall be written thereafter.

72. (1) In addition to the presiding officer and the poll
clerk, the Supervisor of Elections, the returning officer of the
electoral district, the candidates and one agent for each candi-
date in each polling station, the police officers on duty, and no
others, shall be permitted to remain in the polling station during
the time the poll remains open:
Provided that no candidate and his agent shall be in the
same polling station at the same time for more than five con-
secutive minutes.
(2) The agent of each candidate, on being admitted to
the polling station, shall take an oath in the Form set out as
Form No. 24 in the Second Schedule to keep secret the name of
the candidate for whom any of the voters has marked his ballot
paper in his presence.


Who may vote.




Form No. 22.
Second
Schedule.








Form No. 23.
Second
Schedule.




Who may be
present.











Form No. 24.
Second
Schedule.


(CAP. 171 1381







1382 CAP. 171) Constitution and Elections.


(3) Agents of candidates may, with the permission 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.
Proceedings 73. (1) Forthwith upon the close of the poll the presiding
after Poll.
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 immediately below the name of the voter, who
voted last, thus: "The number of voters who voted at this
election in this polling station is ...................." (stating
the number), and sign his name thereto;
(c) count the spoiled ballot papers, if any, place them
in the special envelope supplied for that purpose and indi-
cate 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 papers in the special envelope
supplied for that purpose and indicate thereon the number
of 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
number 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 containing the
spoiled and unused ballot papers, official list of voters and other
documents used at the poll shall be transmitted to the place
notified for the counting of the votes or delivered to the return-
ing 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 persons shall, on delivering the ballot boxes and
papers to the returning officer, take the oath in the form set out
Form No. 25. as Form No. 25 in the Second Schedule.
Second
Schedule. (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.







Constitution and Elections.


74. (1) Each returning officer, upon receipt by him of The count.
each of the ballot boxes, shall take every precaution for its safe
keeping and for preventing any person other than himself from
having access thereto, sealing it under his own seal so that it
cannot be opened without the seal being broken but without
effacing or covering any other seals thereto affixed.

(2) After all the ballot boxes have been 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 the presence of such as are present,
and of at least two voters if none of the candidates is represented,
by the returning officer, and the returning officer shall-
(a) record and count the number of votes given to
each candidate (allowing the candidates and their agents
full opportunity to see such votes but not the official num-
ber 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 than
one candidate;
(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 presiding
officer.

(3) If in the course of counting the votes any ballot paper
is found with the counterfoil still attached thereto, the returning
officer shall (carefully concealing the numbers thereon from
all persons present and without examining them himself) remove
such counterfoil. He shall not reject the ballot paper merely
by reason of the failure of the presiding officer to remove the
counterfoil.

(4) If in the course of counting the votes the returning
officer discovers that the presiding officer has omitted to affix
his initials to any ballot paper as provided by subsection (1)
of section 68, he shall, in the presence of a poll clerk and such
of the candidates or their counting agents, affix his initials to


(CAP. 171 1383







Constitution and Elections.


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 subsection (1) of section 73.
(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 ques-
tion 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 num-
bered, 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 candidate and of the number of rejected
ballot papers. The ballot papers which respectively indicate
the votes given for each candidate shall be put into separate
envelopes; all rejected ballot papers shall be put into a special
envelope and all such envelopes 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 the count is
found to have the largest number of 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 between two or
more candidates and the addition of a vote would entitle one
of such candidates to be declared elected, then-
(a) the returning officer, if he is a registered 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 registered voter as
aforesaid, or if being such registered voter he declines to
vote, he shall make a special return of the result of the
election and the Council shall have the right by resolution
to choose one of such candidates to be the member for
that electoral district.


Declaration of
of the poll.



Equality of
votes.


1384 CAP. 171)







Constitution and Elections.


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

76. (1) During the hours that the poll is open upon
polling day no person shall upon any public road or in any
public place within one hundred yards of any building in which
a polling station is situate seek to influence any voter to vote for
any candidate or to ascertain for what candidate any voter
intends to vote or has voted.
(2) Every person who contravenes any of the provisions of
subsection (1) 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.

77. (1) The returning officer within the time specified
for the return of any writ shall forward to the Supervisor of
Elections-
(a) the writ with his return in the form 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 observations as the returning officer may
think proper as to the state of the election papers as received
from the presiding officer;


Maintenance of
order at polling
booths.


Influencing of
voters to vote
for any
candidate.


Election
return.



Form No. 26.
Second
Schedule.


(CAP. 171


1385







Constitution and Elections.


(c) the number of persons to whom, it appears from
the counterfoils, ballot papers have been supplied in each
polling division;
(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
candidates, 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 candidates'
agents; and
(f) all other documents used for the election.
(2) The Supervisor of Elections shall, on receiving the re-
turn of any member elected to serve in the Council, cause it to
be entered, in the order in which such return is received by him,
in a book to be kept by him for such purpose and thereupon
immediately cause a notice to be published in the 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 Administrator
within the time specified in such writ. The Administrator 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 78.
(4) The Supervisor of Elections shall, immediately 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 lists of voters, together with any other information that he
may deem fit to include; and shall also, at the end of each year,
cause to be printed a similar report on the by-elections held
during the year.
(5) If any returning officer wilfully delays, neglects or
refuses duly to return any person who ought to be returned to
serve in the 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 returning officer who has so wilfully


13S6 C3AP. 171)







Constitution and Elections.


delayed, neglected or refused duly to make such return of his
election shall forfeit to the person aggrieved the sum of five
hundred dollars and costs in addition to all damages sustained.

78. (1) The Supervisor of Elections shall keep the elec- Custody of
election
tion documents referred to in subsection (1) of section 77 in documents.
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 custody of the
Supervisor of Elections shall be inspected or produced except
on the order of a Judge of the Supreme Court; and an order
under this subsection may be made by any such Judge upon
his being satisfied by evidence on oath that the inspection or
production of such election documents is required for the pur-
pose of instituting or maintaining a prosecution for an offence in
relation to an election or for the purpose of a petition which
has been filed questioning an election or return.
(3) Any such order for the inspection or production of
election documents may be made subject to such conditions
as to persons, time, place and mode of inspection or production
as the Judge deems expedient.

79. (1) Forthwith upon making the return to the writ Custody of
in accordance with the provisions of section 77, the returning
officer shall cause the ballot boxes used at such election, with
their locks and keys and the screens and other appliances used
in the polling station to be deposited in the custody of the police
officer in charge of a police station in the electoral district.
(2) Upon delivery to him of such ballot boxes, locks, keys,
screens and other appliances the custodian shall issue his receipt
and shall at the next ensuing election, upon request, deliver
such ballot boxes, locks, keys, screens and other appliances to
the returning officer to whom the writ is directed, taking such
returning officer's receipt.


(CAP. 171 1387







Constitution and Elections.


PART V.

ELECTION PETITIONS.

Petitions 80. A petition complaining of an undue return or undue
against
elections. election of a member of the 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 candi-
date at such election.

Presentation of 81. (1) The following provisions shall apply with respect
election peti-
tion and security to the presentation of an election petition-
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 the 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 afterwards, security for the payment of
all costs, charges and expenses that may become payable
by the petitioner-
(i) to any person summoned as a witness on his be-
half, or
(ii) to the member whose election or return is com-
plained of, or to any other person named as a
respondent in the petition,
shall be given on behalf of the petitioner;
(c) the security shall be to an amount of twelve hun-
dred dollars and shall be given by recognizance to be
entered into by any number of sureties not exceeding four


1388 CAP. 171)







Constitution and Elections.


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 Ordi-
nance, as to the deposit of security and the practice and pro-
cedure for the service and hearing of election petitions and
matters incidental thereto may be made by the Chief Justice.


82. If a candidate who has been elected is certified by
the Judge who tried the election petition questioning the return
or election of such candidate to have been personally guilty
or guilty by his agents of any corrupt or illegal practice his
election shall be void.

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


84. Every election petition shall be tried in the same
manner as an action in the Supreme Court by a Judge sitting
alone. At the conclusion of the trial the Judge shall determine
whether the member of the Council whose return or election is
complained of or any, and what, other person was duly returned
and elected, or whether the election was void, and shall certify
such determination to the Administrator, and, upon his certifi-
cate 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.

85. At the trial of an election petition the Judge shall,
subject to the provisions of this Ordinance, have the same
powers, jurisdiction and authority, and witnesses shall be sub-
poenaed 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.


Avoidance of
election of can-
didate certified
guilty of corrupt
or illegal prac-
tice.


Avoidance of
election for
general cor-
ruption, etc.







Trial of election
petitions.


Powers of
Judge.


1389


(CAP. 171







Constitution and Elections.


Intoxicating
liquor not to
be sold or
given on polling
day.
Cap. 268.





Employers to
allow employees
time.











Offences by
election
officers.


PART VI.
ELECTION OFFENCES.

86. (1) No intoxicating liquor shall be sold, offered for
sale, or given away at any premises situate in any electoral dis-
trict in which an election is being held to which a licence issued
under the Licensing (Intoxicating Liquor) Act, applies, at any
time between the opening and closing of the poll on polling day.
(2) Any person who contravenes the provisions of this
section shall be liable on summary conviction to a fine of five
hundred dollars or to imprisonment for six months.

S7. (1) Every employer shall, on polling day, allow to
every voter in his employ a reasonable period for voting, and
no employer shall make any deduction from the pay or other re-
muneration of any such voter or impose upon or exact from
him any penalty by reason of his absence during such period.
(2) Any employer who, directly or 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 conviction
be liable to a fine of five hundred dollars or to imprisonment
for six months.

88. Every election officer who-
(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 reason-
able cause to believe not 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
(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 incapaci-
tated 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


1390 CAP. 171)







Constitution and Elections.


(e) wilfully rejects or refuses to count any ballot paper
which he knows or has reasonable cause to believe is validly
cast for any candidate in accordance with the provisions
of this Ordinance; or
(f) wilfully counts any ballot paper as being cast for
any candidate, which he knows or has reasonable cause
to believe was not validly cast for such candidate,
shall be guilty of an offence against this section and, on convic-
tion on indictment, shall be liable to be imprisoned for any term
not exceeding two years.

89. (1) No person shall furnish or supply any loud
speaker, bunting, ensign, banner, standard or set of colours, or
any other flag, to any person with intent that it shall be carried,
worn or used 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 loud speaker, bunting, ensign, banner, standard or set
of colours, or any other flag, on polling day.
(2) No person shall furnish or supply any flag, ribbon,
label or like favour to or for any person with intent that it be
worn or used by any person within any electoral district on
polling day 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 entertained by such candidate,
and no person shall use or wear any flag, ribbon, label or other
favour, as such badge, within any electoral district on polling
day.
(3) Nothing contained in either subsection (1) or subsection
(2) 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 summary conviction to a fine of
one thousand dollars or to imprisonment for six months.

90. The following persons shall be deemed guilty of
bribery within the meaning of this Ordinance-
(1) Every person who, directly or indirectly, by himself or
by any other person on his behalf, gives, lends, or agrees to give


Loudspeakers,
ensigns,
banners, etc.
prohibited on
polling day.





Flags, ribbons
or favors not
to be furnished
or worn.


Definition of
bribery.


(CAP. 171


1391







1392 CAP. 171)


or lend, or offers, promises, or promises to procure or to en-
deavour 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 person in order to induce any voter to vote
or refrain from voting, or corruptly does any such act as afore-
said 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 person 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 en-
deavour 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 procure 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, shall be expended
in bribery at any election, or who knowingly pays or causes
to be paid any money to any person in discharge or 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 valu-
able consideration, office, place, or employment for himself or
for any other person, for voting or agreeing to vote, or for
refraining or agreeing to refrain from voting at any election.


Constitution and Elections.







Constitution and Elections.


(7) Every person who, after any election, directly or in-
directly, 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 provisions 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, clerks, canvassers and
messengers of candidates;
(b) payments made for the purpose of hiring vehicles
for the conveyance of voters to or from a polling station;
(c) payments made for the use of any premises for a
public meeting in furtherance of the candidature of any
person or for the use of any committee room or office for
the purpose of promoting 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.

91. The following persons shall be deemed guilty of Definition 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, entertainment
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.

92. Every person who, directly or indirectly, by himself Definition of
undue
or by any other person on his behalf, makes use of or threatens influence.
to make use of any force, violence, or restraint, or inflicts or


(COAP. 171 1393







1394


CAP. 171)


Constitution and Elections.


threatens to inflict, by himself or by any other person, any tem-
poral or spiritual injury, damage, harm, or loss upon or against
any person, in order to induce or compel such person to vote
or refrain from voting or on account of such person having voted
or refrained from voting at any election, or who by abduction,
duress or any fraudulent contrivance, impedes or prevents the
free exercise of the franchise of any voter, or thereby compels,
induces or prevails upon any voter either to give or refrain from
giving his vote at any election, shall be guilty of undue influence
within the meaning of this Ordinance.

Definition of 93. Everv person who at an election applies for a ballot
personation.
paper in the name of another person, whether that name be the
name of a person living or dead, or of a fictitious person, or
who, having voted once at any election, applies at the same
election for a ballot paper in his own name, shall be guilty of
personation within the meaning of this Ordinance.


Penalty for
bribery,
treating or
undue
influence.


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


Penalty for 95. Every person who is guilty of personation, or of aid-
personation.
person n ing, abetting, counselling or procuring the commission of the
offence of personation, shall, on conviction thereof on indict-
ment, be liable to imprisonment for two years.


Disqualification
for bribery,
&c.










Penalty for
certain illegal
practices at
elections.


96. Every person who is convicted of bribery, treating,
undue influence, or personation, or of aiding, counselling or pro-
curing the commission of the offence of personation shall (in
addition to any other punishment) be incapable during a period
of seven years from the date of conviction-
(a) of being registered as a voter, or of voting at any
election;
(b) of being elected a member of the Council or, if
elected before his conviction, of retaining his seat as such
member.

9T. (1) Every person who-
(a) votes, or induces or procures any person to vote,
at any election, knowing that he or such other person is
prohibited by this Ordinance, or by any law in force in the
Colony, from voting at such election;








Constitution 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 candidate;
(c) between the date of the publication in the Gazette
by the returning officer of a notice in accordance with the
provisions of subsection (1) of section 49 and the day after
polling 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 candi-
date as a member to serve in the Council,
shall be guilty of an illegal practice, and shall, on summary
conviction thereof, be liable to a fine of four hundred and eighty
dollars and be incapable, during a period of five years from the
date of conviction, of being registered as a voter or of voting
at any election.
(2) Every person who, between the date of the publication
in the Gazette by the returning officer of a notice in accordance
with the provisions of subsection (1) of section 49, 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 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
conviction on indictment thereof, be liable to imprisonment for
two years, and be incapable, during a period of five years from
the date of conviction, of being registered as a voter or of voting
at any election.


98. Every person who-
(a) forges or counterfeits, or fraudulently defaces or
destroys, any ballot paper; or
(b) without due authority supplies a ballot paper to
any person; or
(c) fraudulently puts into any ballot box any paper
other than the ballot paper which he is authorized by law
to put in; or
(d) fraudulently takes out of the polling station any
ballot paper; or


Offence to
incite or
conspire to
disrupt public
meetings of
candidates.











Offences
in respect of
ballot papers.


1395


(CAP. 171







Constitution and Elections.


(e) without due authority destroys, takes, opens, or
otherwise interferes with any ballot box or packet of ballot
papers then in use for the purposes of any election; or
(f) not being duly registered as a voter, votes at an
election,
shall be liable on summary conviction, if he is an election officer,
to imprisonment for six months or to a fine of four hundred and
eighty dollars, and, if he is any other person, to imprisonment
for three months or to a fine of two hundred and forty dollars.
In any information or prosecution for an offence in relation
to the ballot boxes, ballot papers, and other things in use at an
election, the property in such ballot boxes, ballot papers, or
things may be stated to be in the returning officer at such
election.


Infringement 99. (1) Every election officer and every agent appointed
under the provisions of section 59 in attendance at a polling
station. shall maintain and aid in maintaining the secrecy of the
voting in such station, and shall not communicate except for
some purpose authorized by law, before the poll is closed, to any
person any information as to the name or number on the list
of voters of any voter who has or has not applied for a ballot
paper or voted at that polling station, and no person shall
interfere with or attempt to interfere with a voter when marking
his vote or otherwise attempt to obtain in the polling station
any information as to the candidate for whom any voter in
such station is about to vote or has voted.
(2) Every election officer and every such agent in atten-
dance 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.


1396 CAP. 171)







Constitution and Elections.


PART VII.
MISCELLANEOUS PROVISIONS.


100. No voter who has voted at any election shall, in
any legal proceedings to question the election or return, be re-
quired to state for whom he voted.


101. At any election a person shall not be entitled to
vote unless his name is on the Register of Voters for the electoral
district in which he resides, and every person whose name is
on such Register shall, subject to the provisions of this Ordi-
nance, 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 Colony, or relieve such pierson from any penalties for which
he may be liable for voting.


102. (1) The Administrator in Council may make regu-
lations generally for giving effect to the provisions of this Ordi-
nance 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 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 pay-
ments 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 expenses and pay-
ments and prescribing the form in which the same shall
be made and verified;
(f) prescribing the remuneration and travelling
allowances and other expenses which may be paid to
officers appointed under this Ordinance;


No obligation
on voter to
disclose vote.


Conclusiveness
of Register
of Voters.







Power to make
regulations.


(OAP. 171 1397 '







Constitution and Elections.


(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
Second of the forms contained in the Second Schedule; and
Schedule.
(i) prescribing penalties for the breach of any regula-
tions made hereunder.
(2) Any regulations made under the provisions of sub-
section (1) 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 80, 81,
84 and 85 shall, subject to such regulations, apply to petitions
presented in respect of illegal practices.

Expenses of 103. All expenses properly incurred by, and all re-
muneration and travelling allowances payable to, officers under
this Ordinance shall be defrayed out of the general revenue of
the Colony.

Computation 104. (1) In reckoning time for the purposes of this Ordi-
of time. nance, Sunday shall be included but Christmas Day, Good
Friday and any public holiday shall be excluded.
(2) Where anything required by this Ordinance to be done
on any day falls to be done on Sunday or on any such excluded
day, that thing may be done on the next day, not being one of
such excluded days.



FIRST SCHEDULE. Section 35 (1).

ELECTORAL DISTRICTS EXTENT
(1) Saint John's City All that portion of the City of Saint
(North) John bounded as follows-
North-by Dickensonbay Street;
South-by Long Street;
East-by East Street and Hynam's
Road;
West-by Saint John's Harbour; and
including Rat Island and the cause-
way.


1398 CAP. 171)







Constitution and Elections.


ELECTORAL DISTRICTS
(2) Saint John's City
(South)
















(3) Saint John (Rural)
(North)


EXTENT


All that portion of the City of Saint
John bounded as follows-
North-by Long Street and the Fac-
tory Road to its junction with the
Scotts Hill Road;
South and Southwest-by the Ottos
Road leading to All Saints to its
junction with Market Street, as far
as South Street and thence by a line
in extension of South Street west-
wards to the Sea;
East-by Scotts Hill Road forming
part of the western boundary of the
Saint John (Rural) (South) electoral
district;
West-by Saint John's Harbour.
All that portion of the Parish of Saint
John save and except the part there-
of bounded on the west by the Pub-
lic Road lying to the east of Cedar
Grove Village and an imaginary line
in extension thereof to the sea, on
the east by the boundary of the
Parish of Saint George, on the north
by the sea and on the south by the
Public Road from its junction with
the aforesaid Public Road east of
Cedar Grove Village and running
first in an easterly direction and
then in a southerly direction to the
point where it meets the boundary of
the Parish of Saint George; the said
portion being bounded as follows-
North-by the sea;
South-by that portion of the Factory
Road forming the northern boun-
dary of the Saint John (Rural)
(South) and the Saint John's City
(South) electoral district and that
portion of Dickensonbay Street form-
ing the northern boundary of the
Saint John's City (North) electoral
district;


(CAP. 171


1399








1400 CAP. 171) Constitution and Elections.


ELECTORAL DISTRICTS EXTENT

East-by the parish boundary with
the Parish of Saint George;
West-in part by the sea and in part
by Hynam's Road and East Street
in the City of Saint John.

(4) Saint John (Rural) All that portion of the Parish of Saint
West John bounded as follows-
North-by Saint John's Harbour and
the sea;
West-by the sea;
South-by the parish boundary with
the Parish of Saint Mary;
Northeast and East-by a line in exten-
sion of South Street westwards to the
sea the Ottos Road from its junction
with Market Street and South Street
as far as its junction (near to the
junction with Camacho's Avenue)
with a public road (formerly a barri-
cade road) and thence southwards
along this public road to where it
joins the Valley Road from Saint
John's and thence southwards along
the Valley Road to where it meets
the parish boundary near to Creek-
side.

(5) Saint John (Rural) All that portion of the Parish of Saint
South John, save and except Potters Vil-
lage and Tomlinsons, bounded as
follows-
North-by the Factory Road from its
junction with the Scotts Hill Road
to its junction with the parish boun-
dary west of the Antigua Sugar
Factory;
South-by the parish boundary includ-
ing the villages of John Hughes,
Sawcolts and Bishops;
East-by the parish boundary includ-
ing Freemansville;







Constitution and Elections.


ELECTORAL DISTRICTS


(6) Saint George
















(7) Saint Mary



(8) Saint Paul


(9) Saint Philip and
Saint Peter


EXTENT
West and Northwest-by the Scotts
Hill Road to its junction with the
Ottos Road and thence in a westerly
direction along the Ottos Road to its
junction with the public road
(formerly a barricade road) leading
to the Valley Road and forming
part of the eastern boundary of the
Saint John (Rural) West electoral
district:
Provided that the whole of the
village of All Saints shall be included
in this electoral district.

The Parish of Saint George including
Potters Village, Tomlinsons and that
part of the Parish of Saint John
bounded on the west by the Public
Road lying to the east of Cedar
Grove Village and an imaginary line
in extension thereof to the sea; on
the east by the parish boundary; on
the north by the sea and on the
south by the Public Road from its
junction with the aforesaid Public
Road east of Cedar Grove Village
and running first in an easterly
and then in a southerly direction to
the point where it meets the parish
boundary.

The Parish of Saint Mary, excluding
the villages of John Hughes, Saw-
colts and Bishops.

The Parish of Saint Paul, excluding the
village of All Saints.

The Parish of Saint Philip and the
Parish of Saint Peter, excluding the
villages of All Saints and Freemans-
ville.


The whole Island.


1401


(10) Barbuda


(CAP. 171







1402 CAP. 171) Constitution and Elections.


SECOND SCHEDULE.
FORM No. 1. Section 42 (1).
NOTICE TO PERSONS ENTITLED TO VOTE.
Electoral District of ...........................................
All persons qualified as voters for the election of a member
of the Legislative Council of Antigua residing in the polling divi-
sion of who desire to have their names
inserted in the list of voters for the said polling division are
hereby required to deliver, or cause to be delivered, their claims
in writing for that purpose on or before the
day of to the registering officer of the said
polling division at ............................ ..... .........
Every claimant to be registered as a voter shall, if he is
able so to do, with his own hand subscribe his name and the
date of such subscription to the notice of his claim to be registered
as a voter.
If any such claimant is unable by reason of illiteracy, blind-
ness or any other physical cause to perform the subscription men-
tioned in the preceding paragraph, such subscription shall be
performed on his behalf by the registering officer, who shall witness
the same by subscribing his own signature to the notice of claim
of such claimant.
Dated this day of 19

Supervisor of Elections.


FORM No. 2. Section 42 (2).
NOTICE OF CLAIM TO BE REGISTERED AS A VOTER.
TAKE NOTICE that I ............................ ...............
of ................... ...................................
(Place of residence)

(Occupation)
hereby claim to have my name inserted in the list of voters of the
polling division of in the electoral
district of
In doing so I hereby declare that I-
(a) have attained the age of twenty-one years;
(b) am not a lunatic so found under any law in force in
the Colony;
(c) am a British subject;








Constitution and Elections. (CAP. 171 1403


(d) (i) have resided in this Colony for twelve months
immediately preceding this date; or
(ii) am domiciled in the Colony and am resident
therein at this date;
(e) am not disqualified under the provisions of the Con-
stitution and Elections Ordinance, from being registered as
a voter;
(f) have not claimed to have my name inserted in the
list of voters of any other polling division.
And I further declare that-
(i) I have not been sentenced by any Court in Her
Majesty's Dominions or in any territory under
Her Majesty's protection to death, or penal servi-
tude, or imprisonment for a term exceeding
twelve months, without having suffered the
punishment to which I was sentenced or such
other punishment as by competent authority may
have been substituted for the same or without
having received a free pardon from Her Majesty.
(ii) I have with my own hand subscribed my name
and the date to this claim and declaration; or I
am incapacitated by reason of illiteracy, blind-
ness or .................................. from writing.
Dated this day of 19

(Signed)
In the presence of-



FORM No. 3. Section 43 (1).
LIST OF VOTERS.
Polling division of Electoral district of

S Location of Name of Voters Occ
residence (family name first Occupation
residence (family name first)
o








1404 CAP. 171) Constitution and Elections.


FORM No. 4. Section 44 (1).
NOTICE OF CLAIM.

To the registering officer of the polling division of
in the electoral district of

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

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


(Occupation)

am qualified for inclusion in the list of voters for the polling
division of in the electoral district of ,
and that my name, address and occupation have been [omitted
from] [wrongly stated in] such list and that I hereby claim that
such list be amended [by the insertion of my name, address
and occupation therein] [by the correction of the particulars
therein relating to my name, address and occupation, as follows,
].
(Strike out bracketed words not applicable.)

Dated this day of 19

Signature of Claimant.




FORM No. 5. Section 44 (2).
(1) NOTICE OF OBJECTION.

To the registering officer of the polling division of

in the electoral district of

TAKE NOTICE that I ...............................................
(Name of Objector)
of .................. ...... ....................... ... ... ... . ....
(Place of Residence)


(Occupation)







Constitution and Elections.


am qualified for inclusion in the list of voters for the polling
division of for the electoral district of
and am so included:
And that I object to the inclusion therein of
on the ground that such person is disqualified for inclusion therein
by reason of .....................................................................


Dated this


day of


Signature of Objector.


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

I, of
being a person whose name is included in the list of voters for the
polling division of for the electoral division of
hereby give you notice that I object to your name
being retained on the list of voters for the polling division above-
mentioned 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


19


Signature of Objector.


FORM No. 6.
REVISION NOTICE.
TAKE NOTICE that the lists of
divisions of the electoral district of
revised by me the undersigned on the
19 at


Dated this


Section 45 (2).


voters for the polling
will be
day of
at o'clock.


day of


Revising Officer.


(CAP. 171


1405







Constitution and Elections.


FORM No. 7. S. 48(2)

WRIT OF ELECTION.

ELIZABETH THE SECOND, by the Grace of God of the United
Kingdom of Great Britain and Northern Ireland and of
Our other Realms and Territories Queen, Head of the
Commonwealth, Defender of the Faith.

To the returning officer of the electoral district of

WHEREAS by subsection (1) of section 48 of the Constitution
and Elections Ordinance, 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 Administrator shall issue writs
of election under the Public Seal of the Colony, 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:


tAND WHEREAS the seat of the elected member for the
electoral district of has become vacant in con-
sequence of
NOW, THEREFORE, I,
Administrator of the Colony do hereby require that you proceed
to the nomination of candidates on the day of
19 at and thereafter, if
necessary, you do on the day of
19 between the hours of o'clock in the morning 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
Colony for the said electoral district and that you do cause the name
of such member when so elected to be certified to me not later
than the day of 19
Given under my hand and the Public Seal of the Colony
this day of 19 and in the
year of Her Majesty's reign.
Administrator.


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


1406 CAP. 171)







Constitution and Elections. (CAP. 171 1407


FORM No. 8. S. 49 (1).
NOTICE OF NOMINATION.
The Administrator having issued his Writ of Election for the
election of a member of the Legislative Council for the electoral
district of the returning officer for the said district
will on the day of 19
now next ensuing between the hours of ten o'clock in the forenoon
and one o'clock in the afternoon and between the hours of two
o'clock and four o'clock in the afternoon at proceed
to the nomination of a member for the electoral district of
Dated this day of 19
Returning Officer
for the electoral district of



FORM No. 9. S. 49 (3).
NOMINATION PAPER.
We, the undersigned voters for the electoral district of
do hereby nominate the following person as a proper
person to serve as a member of the Legislative Council of Antigua
for the said electoral district of and we certify
that to the best of our belief he is qualified for election as a member
of the Legislative Council.

Surname Other Name Address Occupation





Signatures



I, nominated in the
foregoing nomination paper hereby consent to such nomination as
candidate for election as a member of the Legislative Council for
the electoral district of
Witness my hand this day of 19
Signature of Candidate.
Signed by the said nominee in the presence of-
Signature of Witness.







1408 CAP. 171) Constitution and Elections.


FORM No. 10. S. 49 (6).
RETURN OF UNCONTESTED ELECTION.
I hereby certify that the member elected for the Electoral
District of ......................... in pursuance of the within Writ is



(Insert name, address and occupation of member elected as stated
on the nomination paper.)
no other candidates) having been nominated.

Dated at this day of 19


Returning Officer.


FORM No. 11. S.52(2).
NOTIFICATION OF ELECTION.
TAKE NOTICE that a poll will be taken for the election of
a member for the electoral district of
to serve in the Legislative 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-
Polling Stations:




The candidates in the above electoral district are as follows-
C candidates :- ...........................................................


The number of votes given to the several candidates will be
counted on the day of 19 at
the of which
all persons are hereby required to take notice and govern them-
selves accordingly.
Dated this day of 19
Returning Officer
for the electoral district of







Constitution and Elections.


FORM No. 12.


S. 37 (6).


OATH OF REGISTRATION OFFICER.

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


Registering Officer.
Sworn before me


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


FORM No. 12A.


S. 38 (3).


OATH OF RETURNING OFFICER.
I, having
been appointed returning officer for the electoral district of
do swear that I will faithfully perform all the duties of
such returning officer in accordance with the provisions of the
Constitution and Elections Ordinance, to the best of my ability.


Returning Officer.


Sworn before me


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


FORM No. 13.


S. 55 (2).


OATH OF PRESIDING OFFICER.
I,
the undersigned, appointed Presiding Officer for the Polling
Station at in the Electoral District of
swear that I will act faithfully in my said capacity of Presiding


1409


(CAP. 171







Constitution and Elections.


Officer, according to law, without partiality, fear, favour or affec-
tion, and that I will keep secret the names of the candidates for
whom any of the voters in the above-mentioned Polling Station
marks his ballot paper in my presence at this election.


SO HELP ME GOD.



Presiding Officer.


Sworn before me at


FORM No. 14.


S. 56 (2).


OATH OF POLL CLERK.

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


SO HELP ME GOD.


Poll Clerk.
Sworn before me at this day


1410


CAP. 171)







Constitution and Elections. (CAP. 171 1411


FORM No. 15. S. 58 (2) (e)

DIRECTIONS FOR THE GUIDANCE OF VOTERS.

1. Each voter may vote only at one polling station and
for only one candidate.

2. The voter will go into one of the compartments and,
with the pencil provided in the compartment, place a cross on
the right hand side, opposite the name of the candidate for whom
he votes, thus X.
For example:- Supposing John Jones and George Smith
are the candidates for election and the voter wishes to
vote for Jones, he must place a cross opposite Jones'
name as follows:'-

Jones, John
High Street. X
Shopkeeper.

Smith, George
North Street.
Carpenter.


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

4. If the voter inadvertently spoils a ballot paper, he can
return it to the presiding officer, who will, if satisfied of such
inadvertence, give him another paper.

5. If the voter votes for more than one candidate or places
any mark on the paper by which he may be afterwards identified,
his ballot paper will be void and will not be counted.

6. If the voter takes a ballot paper out of the polling
station or deposits in the ballot box any other paper than the one
given him by the presiding officer, he shall be liable on summary
conviction to imprisonment for three months or to a fine of two
hundred and forty dollars.














FORM No. 16. S. 66 (4). 0
POLL BOOK.
Particulars of persons applying j
Particulars of Voter. for Ballot Papers after another
Consecutive person has voted as such person Objec-
~C~~onsecutiv~e .. . .- . ... tions if
number Form tions if
given each I 'Consecu- numbers (a) (b) Consecu- onybeal Remarks.
voter as healRemarks.
voter as heOccupa- tive No. of Oaths rd RecordI tive No R h of any
applies for Name of' Occupa- Postal of Voter if any I rd Record Name. of Voter e at C andi-
Ballot. Voter tion. Address. list voter is hatOath voterlist ofath sworn dates.
Voters. required swrn or has voted. Voters
to swear. refused. V.
... ... ..... .. .... -. -. --.------ ..



C-










(a) If sworn insert "sworn," and number of the Oath; if refused insert "refused to be sworn".
(b) When Ballot put into Ballot Box insert "voted."








Constitution and Elections. (CAP. 171 1413


FORM No. 17. S. 68(1).

BALLOT PAPER.

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

........................................ Electoral District.
Voters Number on Register...................


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

Do not fold beyond this line

1. JAMES, JOHN P.
High Street.
Shopkeeper.

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

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


FORM No. 18. S. 70 (1).

OATH OF IDENTITY OF A VOTER RECEIVING A BALLOT PAPER
AFTER ANOTHER HAS VOTED IN HIS NAME.
You swear that you are
(Name as on list of Voters).
of
(Address as on list of Voters).
whose name is entered on the list of Voters now shown you.
SO HELP YOU GOD.


FORM No. 19. S. 70 (3).
OATH OF INCAPACITATED VOTER.
You swear that you are incapable of voting without assistance
by reason of physical incapacity.
SO HELP YOU GOD.







CAP. 171)


Constitution and Elections.


FORM No. 20. S. 70(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. S. 70 (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 voter for the purpose of marking his ballot paper at
this election.
SO HELP YOU GOD.





FORM No. 22. S. 71 (1).

OATH THAT THE VOTER IS THE PERSON INTENDED TO BE
REFERRED TO IN THE LIST OF VOTERS.

You swear that you are qualified to vote at this election of
a member to serve in the Legislative Council and are not disqualified
from voting threat and that you verily believe that you are the
person intended to be referred to by the entry in the List of Voters
used at this Polling Station, of the name
whose occupation is given as and
whose address is given as


SO HELP YOU GOD.







Constitution and Elections. (CAP. 171 1415


FORM No. 23. S. 71(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 Colony for a period of at
least twelve months immediately prior to the date of your registra-
tion as a voter.

3. That you are domiciled in the Colony and were resident
in the Colony 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 provisions of the
Constitution and Elections Ordinance.

6. That you are not the returning officer for this electoral
district.
SO HELP YOU GOD.

Note- Paragraph 3 is alternative to paragraph 2.



FORM No. 24. S. 72 (2).
OATH OF AGENT OF A CANDIDATE.
I, the undersigned,
agent for one of the candidates
at the election of a member of the Legislative Council held on this
day in the electoral district of
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.

Sworn before me at this day







Constitution and Elections.


FORM No. 25.


S. 73 (2).


OATH OF MESSENGER SENT TO COLLECT BALLOT BOXES.

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


Signature.


Sworn before me at


FORM No. 26.


S. 77 (1).


RETURN AFTER POLL HAS BEEN TAKEN.

I hereby certify that the member elected for the Electoral
District of 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.


1416


CAP. 171)







Currency Interpretation.


CHAPTER 172.

CURRENCY INTERPRETATION.


(1st January, 1948.)

1. This Act may be cited as the Currency Interpretation
Act.

2. In this Act "law" includes any Act or Ordinance and
any regulation, rule, by-law, proclamation, or order made under
the authority of any law.

3. Where in any law in force in the Colony at the com-
mencement of this Act reference is made to pounds shillings and
pence such law shall have effect as if instead reference had been
made therein to an equivalent number of dollars and cents at
the rate of four dollars and eighty cents for every pound, twenty-
four cents for every shilling and two cents for every penny.


11/1947
32/1956

Short title.


Interpretation.



Substitution
of dollars and
cents for
pounds,
shillings and
pence.


(CAP. 172


1417







Enactment (Leeward Islands Acts). (CAP. 173


CHAPTER 173.

ENACTMENT (LEEWARD ISLANDS ACTS).


(1st July, 1956.)

1. This Ordinance may be cited as the Enactment (Lee-
ward Islands Acts) Ordinance.

2. In this Ordinance the expression "the appointed day"
means the first day of July, 1956.

3. (1) The Acts specified in the Schedule being Acts
of the former Colony of the Leeward Islands in force in the
said Colony immediately before the appointed day shall have
effect in the Colony of Antigua as if -they had been enacted
by the Legislative Council thereof.
(2) Any instrument having effect in the former Colony of
the Leeward Islands immediately before the appointed day and
made by virtue of any Act referred to in subsection (1) shall
have effect in the Colony of Antigua as if it had been made in
pursuance of that Act as it has effect in that Colony by virtue
of the said subsection.

4. Section 3 shall be deemed to have had effect as from
the beginning of the appointed day.


32/1956
11/1961


Short title.


Interpretation.


Enactment of
certain Acts of
the former
Colony of the
Leeward
Islands.


Date of opera-
tion of section 3.


SCHEDULE.

PART I.
Short Title.
The Apportionment Act
The Arbitration Act
The Fatal Accidents Act
The Insolvent Estates Act


Cap.







CAP. 173) Enactment (Leeward Islands Acts).


Cap. Short Title.
11 The Libel and Slander Act
12 The Maintenance Orders (Facilities for Enforcement) Act
14 The Prescription Act
18 The Real Property Limitation Act
19 The Reciprocal Enforcement of Judgments Act
32 The Female Lunatics (Protection) Act
44 The Probation of Offenders Act
55 The Government Chemists Certificate Act
60 The King's Seamen's Clothing Act
62 The Merchant Seamen's Discipline Act
70 The Uniforms Act
71 The British Ministers and Consuls Act
73 The Oaths Act
95 The Real Estate Charges Act
96 The Real Property Act
101 The Vendor and Purchaser Act
106 The Hours for Marriages Act
120 The Promissory Oaths Act
129 The Overseas Nurses' Pensions Act
130 The Pensions Act
138 The Bills of Lading Act
142 The Factors Act
143 The Merchant Shipping (Agreements) Act
146 The Partnership Act
156 The Wrecks Inquiries Act
157 The Antigua Diocesan Synod Incorporation Act
158 The Seventh Day Adventist Church Incorporation Act


PART II.

No. & Year Short Title.
1/1928 The Lepers Act, 1928
6/1928 The Pensions Amendment Act, 1928
7/1928 The Real Representative Act, 1928
9/1928 The New Edition of the Statutes Act, 1928

4/1929 The Pensions Consolidation Act, 1914, Amendment
Act, 1929
6/1929 The Lepers Act, 1912, Amendment Act, 1928, Amend-
ment Act, 1929

2/1930 The Patents Act, Amendment Act, 1930
3/1930 The United Kingdom Designs (Protection) Act, 1930
5/1930 The Jury Act, Amendment Act, 1930
5/1930 The Infant Life (Preservation) Act, 1930


1420






Enactment (Leeward Islands Acts). (CAP. 173


No. & Year Short Title.
1/1931 The Pensions Amendment Act, 1931
2/1931 The Small Charges Amendment Act, 1931
3/1931 The Magistrate's Code of Procedure Act, Amendment
Act, 1931
4/1931 The Arbitration (Foreign Awards) Act, 1931
5/1931 The Maintenance Orders (Facilities for Enforcement)
Amendment Act, 1931
8/1931 The Lunatics Act, Amendment Act, 1931
4/1932 The Small Charges (Amendment) Act, 1932
12/1932 The Obeah (Amendment) Act, 1932
17/1932 The Merchant Shipping (Agreements) (Amendment)
Act, 1932
19/1932 The Stamp (Amendment) Act, 1932
23/1932 The Small Trespass (Amendment) Act, 1932
2/1933 The Commissions of Inquiry Act, 1933
3/1933 The Bills of Exchange (Amendment) Act, 1933
4/1933 The Imperial Lighthouse Dues Act, 1933
7/1933 The Small Charges (Amendment) Act, 1933
8/1933 The Criminal Law Amendment (Amendment) Act, 1933
9/1933 The Registration and Records (Amendment) Act, 1933
3/1934 The United Kingdom Designs (Protection) (Amendment)
Act, 1934
4/1934 The Patents granted in the United Kingdom (Amend-
ment) Act, 1934
5/1934 The Pensions Amendment Act, 1934
8/1934 The Marriage (Prohibited Degrees of Relationship)
Act, 1934

2/1935 The Judgments Act, 1935
5/1935 The Title by Registration Act, 1935
2/1936 The Small Charges Act, 1936
4/1936 The Pensions Act, 1936

10/1937 The Probates (Resealing) Act, 1937
15/1937 The Title by Registration (Amendment) Act, 1937
18/1937 The Infant Life (Preservation) Act, 1937
21/1937 The Labour (Minimum Wage) Act, 1937
29/1937 The Counterfeit Currency (Convention) Act, 1937
30/1937 The Jury (Amendment) Act, 1937

4/1938 The Companies (Amendment) Act, 1938
4/1939 The Offences against the Person (Amendment) Act, 1939
5/1939 The Employment of Children Prohibition Act, 1939


1421







CAP. 173) Enactment (Leeward Islands Acts).


No. & Year Short Title.
7/1939 The Stamp (Amendment) Act, 1939
8/1939 The Workmen's Compensation (Amendment) Act, 1939
9/1939 The Production of Telegrams Act, 1939
12/1939 The Pensions (Validation) Act, 1939
13/1939 The Stamp (Amendment No. 2) Act, 1939
19/1939 The Summary Jurisdiction (Amendment) Act, 1939

1/1941 The Shipping Masters Fees (Validating) Act, 1941
3/1941 The Undesirable Persons Expulsion (Amendment) Act,
1941
5/1941 The Offences against the Person (Amendment) Act,
1941
7/1941 The Pensions (Amendment) Act, 1941
9/1941 The Counterfeit Currency Act, 1941
10/1941 The Sedition and Undesirable Publications (Amend-
ment) Act, 1941
11/1941 The Administration of Estates by Consular Officers Act,
1941
12/1941 The Stamp (Amendment) Act, 1941
16/1941 The Workmen's Compensation (Amendment) Act, 1941

1/1942 The Trade Unions (Amendment) Act, 1942
3/1942 The Evidence (Amendment) Act, 1942
4/1942 The Legitimacy (Amendment) Act, 1942
5/1942. The Small Charges (Amendment) Act, 1942
6/1942 The Pensions (Amendment) Act, 1942
8/1942 The Stamp (Amendment) Act, 1942

4/1944 The Dangerous Drugs (Amendment) Act, 1944
6/1944 The Pensions (Amendment) Act, 1944
7/1944 The Wills (Soldiers and Sailors) Act, 1944
8/1944 The Small Charges (Amendment) Act, 1944
13/1944 The Administration of Small Estates Act, 1944
14/1944 The Wills (Soldiers and Sailors) (Amendment) Act, 1944
15/1944 The Death Duties Remission (War Casualties) Act, 1944
16/1944 The Trade Unions (Amendment) Act, 1944

1/1945 The Medical (Amendment) Act, 1945
3/1945 The Trade Unions (Amendment) Act, 1945
9/1945 The Seventh Day Adventist Church Incorporation
(Amendment) Act, 1945
10/1945 The Magistrate's Code of Procedure (Amendment) Act,
1945


5/1946 The Extradition Act, 1946


1422







Enactment (Leeward Islands Acts). (CAP. 173


No. & Year Short Title.
2/1947 The Trade Unions (Amendment) Act, 1947
3/1947 The Undesirable Persons Expulsion (Amendment) Act,
1947
6/1947 The Trust Corporation (Probate and Administration)
Act, 1947
11/1947 The Currency Interpretation Act, 1947
12/1947 The Pensions Act, 1947

2/1948 The Supreme Court (Amendment) Act, 1948
3/1948 The Summary Jurisdiction (Amendment) Act, 1948
6/1948 The Medical (Amendment) Act, 1948
15/1948 The Legitimacy (Amendment) Act, 1948

1/1949 The Matrimonial Causes (War Marriages) Act, 1949
3/1949 The Aliens Land Holding Regulation (Amendment)
Act, 1949
5/1949 The British Nationality (Fees, Offences and Penalties)
Act, 1949
6/1949 The Third Parties (Rights against Insurers) Act, 1949
8/1949 The Corporal Punishment Act, 1949
14/1949 The Magistrate's Code of Procedure (Amendment) Act,
1949
18/1949 The Larceny (Protection of Pradial Produce) Act, 1949

4/1951 The Diplomatic Privilege (Extension) (Amendment)
Act, 1951
5/1951 The Stamp (Amendment) Act, 1951
8/1951 The Causes of Action (Survival) Act, 1951
9/1951 The Fatal Accidents (Amendment) Act, 1951
10/1951 The Police Pensions (Preservation of Rights) Act, 1951
11/1951 The Medical (Amendment) Act, 1951

1/1953 The Telecommunications (Amendment) Act, 1953
4/1953 The Small Charges (Amendment) Act, 1953
9/1953 The Corporal Punishment (Amendment) Act, 1953
14/1953 The Supreme Court (Amendment) Act, 1953
15/1953 The Offences against the Person (Amendment) Act, 1953
16/1953 The Sentence of Death (Expectant Mothers) Act, 1953
19/1953 The Stamp (Amendment) Act, 1953
21/1953 The Unrepresented Estates (Amendment) Act, 1953

3/1954 The Larceny (Amendment) Act, 1954
5/1954 The Immigration and Passport (Amendment) Act, 1954
7/1954 The Agricultural Small Holdings (Amendment) Act,
1954







1424 CAP. 173) Enactment (Leeward Islands Acts).


No. & Year Short title.
8/1954 The Medical (Amendment) Act, 1954
9/1954 The Title by Registration (Amendment) Act, 1954
11/1954 The Currency (Amendment) Act, 1954
15/1954 The Evidence (Amendment) Act, 1954

1/1955 The Stamp (Amendment) Act, 1955
2/1955 The Summary Jurisdiction (Amendment) Act, 1955
11/1955 The Supreme Court (Amendment) Act, 1955
14/1955 The Small Charges (Amendment) Act, 1955
20/1955 The Currency (Amendment) Act, 1955
21/1955 The Post Office (Amendment) Act, 1955

2/1956 The Promissory Oaths (Amendment) Act, 1956
3/1956 The Interpretation and General Clauses (Amendment)
Act, 1956
5/1956 The Magistrate's Code of Procedure (Amendment) Act,
1956
7/1956 The Larceny (Amendment) Act, 1956







General Revision.


CHAPTER 174.

GENERAL REVISION.


(29th November, 1961.)


1. This Ordinance may be cited as the General Revision
Ordinance.


2. The laws mentioned in the First Schedule are hereby
repealed.


3. The laws mentioned in the first, second and third
columns of the Second Schedule are hereby amended to the
extent specified in the fourth column.


4. The amendments specified in the fourth column of
the Second Schedule to the several laws mentioned in that
Schedule shall be incorporated in the New Edition of the Laws
of the Colony, and the Commissioner appointed under the
Revised Edition of the Laws Ordinance, 1959, is hereby
authorized to effect the said amendments to the said laws.


15/1961


Short title.



Repealed laws.
First Schedule.


Amended laws.
Second
Schedule.


Authority to
incorporate
amendments
in the revised
edition.
Second
Schedule.


FIRST SCHEDULE.

REPEALED LAWS.


Cap. or
No. and Year


Cap. 106
29/1867
4/1871
6/1880
1/1881


Short Title


The Hours for Marriages Act
The Naval Victualling Stores Act
The Barbuda Act
The Ice Subsidy Act
The Immigration and Savings Bank Loan Act


(CAP. 174


1425







General Revision.


Short Title


Cap. or
No. and Year

9/1883
9/1885


2/1890
7/1890
13/1892
3/1893
1/1895
7/1895
17/1895
19/1899
9/1910
4/1914
5/1914
6/1918
11/1918

7/1920

15/1920
19/1922
24/1922
4/1923

4/1925-

9/1927

15/1927


19/1927
10/1928

2/1930

17/1933
12/1936
24/1936
1/1937
2/1938

7/1938


The Public Nurseries Act
The Public Officers (Performance of Duties)
Act
The Public Band Act
The Water Supply (Wallings Act)
The St. John's Harbour Loan Act
The Swine Epidemic Act
The Government Schools Act
The Country Water Supply (Loan) Act
The Sale of Logwood Act
The Leper Asylum Ordinance
The Public Notices Ordinance
The Aerial Navigation Ordinance
The Colonial Bank (Moratorium) Ordinance
The Importation Prohibition Ordinance
The Cotton Tax (Government Purchases)
Ordinance
The Termination of the War (Definition)
Ordinance
The New Edition of the Statutes Ordinance
The Public Works (Local Loan) Ordinance
The Bush Fires (Amendment) Ordinance
The Public Works (Supplementary Local
Loan) Ordinance
The Antigua Sugar Factory (Land Acquisi-
tion) Ordinance
The Texas B. Burton (Illegitimate Children)
Ordinance
The St. John's Harbour Loan (Discontinu-
ance of Contributions to Sinking Fund)
Ordinance
The Macaulay Swimming Bath Ordinance
The Government House (Furniture, etc.)
Ordinance
rhe Governor (Exemption from Taxation)
Ordinance
The Parcels Tax Ordinance
The Public Works Loan Ordinance
The Sugar Cane Cess Ordinance
The Public Works Loan Ordinance
rhe Police Officers (Change of Titles)
Ordinance
The Administrator's Ordinance


1426


CAP. 174)


I_







General Revision.


SECOND SCHEDULE.
AMENDED LAWS.
PART I.

Cap. Short Title Section Amendment


Bankruptcy Act

Maintenance
Orders (Facilities
for Enforcement)
Act
Reciprocal
Enforcement of
Judgments Act
Registration
and Records Act



Wills Act
Coinage
Offences Act


Criminal
Procedure Act







Malicious
Damage Act


97 (2)

3, 4, 5, 6,
10, 11, 12


3


12, 14 (1)

14(2)

7
3 to 18
inclusive,
26, 27

2 (3)

44

51



2, 3, 4,
8 to 11
inclusive,
14 to 22
inclusive,
25 to 28
inclusive,
32, 35 to 43
inclusive,
48, 50.
60


The words
deleted.


"West Indian" shall be


For the word "Ireland" the words
"Northern Ireland" shall be substituted.


For the word "Ireland" the words
"Northern Ireland" shall be substituted.

For the word "Ireland" the words
"Northern Ireland" shall be substituted.
The words "and with or without soli-
tary confinement" shall be deleted.
The whole section shall be deleted.
The words "and with or without soli-
tary confinement" wherever they
appear therein shall be deleted.

This subsection shall be deleted.

The words "and with or without soli-
tary confinement" shall be deleted.
All the words after the words "the
offender to be imprisoned" shall be
deleted.

The words "and with or without soli-
tary confinement" shall be deleted.


The whole section shall be deleted.


(CAP. 174


1427







General Revision.


SECOND SCHEDULE-PART I-continued.


Cap.

41
















43


61






















64


Short Title

Offences against
the Person Act















Post Office
Offences Act

Magistrate's
Code of
Procedure Act




















Obeah Act


13 (1)


Amendment


Section

4, 6, 7,
10 to 17
inclusive,
19 to 23
inclusive,
25 to 33
inclusive,
46 to 57
inclusive,
59, 62, 69

70

72


12


154












160



194 (2),
(3), (4)


The words "and with or without soli-
tary confinement" shall be deleted.









The whole section shall be deleted.

For the word "Ireland" the words
"Northern Ireland" shall be substituted.

The whole section shall be deleted.


For the words "any Acts or rules of
court for the time being in force relat-
ing to the recovery of claims under two
hundred and forty dollars before a
Judge of the Supreme Court and all
the provisions of such Acts or rules"
the words "the Summary Jurisdiction
Act or rules of Court for the time being
in force relating to the recovery of
claims under the said Act and all the
provisions of the said Act or the said
rules" shall be substituted.

The word "which" shall be inserted
between the words "proceedings" and
"shall".

The words "of the Court of Appeal"
shall be inserted immediately after the
word "Registrar" wherever that word
appears therein.

The words "with or without soli-
tary confinement" shall be deleted.


1428


CAP. 174)








General Revision.


SECOND SCHEDULE-PART I-continued.

Cap. Short Title Section Amendment


Small Charges
Act





Law of Property
Amendment Act


Real Property







Title by
Registration Act



Marriage of
British Subjects
(Facilities) Act

Companies Act





Notaries Public
Act

Patents Act


36 (2)


50 (b)



6 (2), 7 (2),
8 (2), 9 (8),
18(2)

17



18



71




2



57, 151


152


2 (1)


26


The words "Leeward Islands" shall be
deleted.

The words "with intent to commit any
felonious act" shall be inserted imme-
diately after the word "thing".

For the words "commencement of this
Act" the words "31st day of December,
1887" shall be substituted.

For the words "passing of this Act"
the words "4th day of August, 1873"
shall be substituted.

Between the word "Act" and the word
"passed" the words "(contained in the
Schedule)" shall be inserted.

For the words "may be served under
the Supreme Court Act" the words "of
the Supreme Court may be served"
shall be substituted.

For the word "Ireland" the words
"Northern Ireland" shall be substituted.


The words "West Indian" shall be
deleted.

For the word "Ireland" the words
"Northern Ireland" shall be substituted.

For the word "Ireland" the words
"Northern Ireland" shall be substituted.

For section 26 the following section
shall be substituted:
"Fees. 26. Such fees as may be
prescribed shall be levied and paid to
the credit of the general revenue of
the Colony."


1429


(CAP. 174











SECOND SCHEDULE-PART I-continued.

No. & Yr. Short Title Section Amendment


20/1932





12/1947
















13/1949




16/1953





12/1955


Foreign Mer-
chant Shipping
(Agreements)
Act, 1932


Pensions Act,
1947















Telecommunica-
tions Act, 1949



Sentence of
Death (Expec-
tant Mothers)
Act, 1953


Interpretation
and General
Clauses Act, 1955


In the definition of the expression
"Foreign Ship" for the words "British
Empire" the words "British Common-
wealth" shall be substituted.


For the words "and Regulations re-
ferred to in section 20 of this Act" the
words "set out in the Second- Schedule
to this Act and the Regulations made
thereunder" shall be substituted.

For the words "Colonial Secretary" the
word '"Administrator" shall be sub-
stituted.

-The words "Enactments Repealed"
shall be deleted, and the whole of the
third column of this Schedule including
the caption "Extent of Repeal" shall


2





19 (1) (b)









Second
Schedule





13




3 (4)





2 (1)


"British Empire" the
Commonwealth" shall


For the words "Court of Appeal of
the Windward Islands and Leeward
Islands" the words "Federal Supreme
Court" shall be substituted.


The following definition shall be in-
serted immediately after the definition
of "British Possession"-
"British West Indian Currency"
means the currency issued by the
Board of Commissioners of currency,
British Caribbean Territories (Eastern
Group) under the provisions of the
Currency Ordinance, 1959;


also be deleted.


For the words
words "British
be substituted.


1430


CAP. 174)


General Revision.







(CAP. 174 1431


SECOND SCHEDULE-PART I-continued.

No. & Yr. Short Title Section Amendment

12/1955 Interpretation 2 (1) The following definition shall be sub-
and General stituted for the definition of "Police
Clauses Act, 1955 Force"-
"Police Force" means the Antigua,
Montserrat and Virgin Islands Police
Force established and maintained under
the Police Act, 1951;"

The following definition shall be in-
serted immediately after the definition
of "Registrar"-
"Registrar of the Court of Appeal"
means the Officer appointed under sec-
tion 20 of the Windward Islands and
Leeward Islands (Courts) Order in
Council, 1959, to be Registrar of the
said Court for the Colony;"

After subsection (5) the following sub-
section shall be inserted-
"(6) Wherever in any Act the ex-
pression "British Empire" occurs there
shall be substituted therefore the expres-
sion "British Commonwealth".
PART II.

No. & Yr. Short Title Section Amendment


22/1871 The Public 2, 3, 4 These sections shall be deleted and the
Works and following substituted therefor-
Roads Act, 1871 Interpretation. 2. In this Act-
"Surveyor" includes the Colonial Engi-
neer and any officer of the Public
Works Department deputed by the
Colonial Engineer to perform the duties
of the Surveyor under this Act."
5 This section shall be deleted.
5A The words "or any officer appointed
under section 5 hereof" and the words
"or by any such officer as aforesaid"
shall be deleted.


General Revision.










SECOND SCHEDULE-PART II-continued.

No. & Yr. Short Title Section Amendment


5/1872 The Redonda
Annexation Act,
1872


11/1873










1/1888






13/1899


The Parochial
Boards Act, 1873









The Importation
Prohibition (Epi-
demic Diseases)
Act, 1888



The Medical and
Poor Relief
Ordinance, 1899


2







3 to 9
inclusive,
26 to 28
inclusive

29





8






7 (2)









24 (j)

25


SThe following shall be substituted for
section 2-
"2. The Island of Redonda shall
and is hereby declared to be within
the jurisdiction of the Magistrate for
District "A"."

These sections shall be deleted.




For this section the following shall
have effect-
"Short title." 29. This Act may be
cited as the Parish Boundaries Act,
1873."

For the words "of the Leeward Islands
Act relating to the Summary Jurisdic-
tion of Magistrates" the words "con-
tained in the Magistrate's Code of Pro-
cedure Act" shall be substituted.


For the words "not exceeding three
hundred pounds" the words "as may
from time to time be provided by the
Legislative Council" shall be substi-
tuted, and for the words "two hundred
and fifty pounds a year" the words
"such sum as may from time to time be
fixed by the Administrator" shall be
substituted.

This paragraph shall be deleted.

The following shall be substituted for
section 25-
"25. District Medical Officers shall
receive such salary as may from time
to time be provided by the Legislative
I Council."


1432


CAP. 174)


General Revision.











SECOND SCHEDULE--PART II-continued.

No. & Yr. Short Title Section Amendment


5/1901








13/1903












5/1905







8/1908


The Bush Fire
Ordinance, 1901







The Excise
Ordinance,
1903










The Fumigation
of Plants
Ordinance, 1905





The Labourers
Payment
Ordinance, 1908


2








13(1)

13(2)



18






2 (e)







5


At the end of this section the following
definition shall be inserted-
"Superintendent" includes the Super-
intendent of Police and any Assistant
Superintendent of Police, Inspector,
Sub-Inspector, or subordinate police
officer authorized by the Superinten-
dent for the purposes of this Ordi-
nance."
This subsection shall be deleted.

This subsection shall be renumbered
"13", and the marginal note "Power
to vary Schedule" added thereto.

The words "and in the case of a still
not in use before the twenty-sixth day
of June, 1903, upon the production of
a certificate that, the location thereof
has been approved by the Governor in
Council" shall be deleted.

The following shall be substituted for
the definition of the expression "Agri-
cultural Authority"-
"Agricultural Authority" includes
the Director of Agriculture and any
person acting in his aid or under his
direction."

For paragraphs (1) and (2) thereof, the
following shall be substituted-
"(1) In currency notes which are
legal tender in the Colony; or
(2) In drafts or orders for the pay-
ment of money to the bearer on de-
mand drawn upon any bank carrying
on business in the Colony:
Provided that such labourer shall
freely consent to receive such drafts or
orders in payment of the whole or such
part of such wages."


General Revision.


1433


(CAP. 174








1434 CAP. 174)


SECOND SCHEDULE-PART II-continued.


No. & Yr.

11/1919







2/1926



11/1927













8/1957


Section


Amendment


6 For the words "Where an Inspector of
Police, or should there be no Inspector
of Police in the Presidency," the words
"Where the Superintendent of Police,
or should the Superintendent of Police
be absent from the Colony," shall be
substituted.

5 This section shall be repealed.


Short Title

The Children
(Emigration)
Ordinance, 1919





The Carriage of
Goods by Sea
Ordinance, 1926

The Customs
Duties
Ordinance, 1927











The Pensions
(Increase)
Ordinance, 1957


These sections shall be repealed.



For the words "British currency" the
words "British West Indian currency"
shall be substituted.

For the words "deemed and are hereby
declared to be sterling money of Great
Britain" the words "paid in British
West Indian currency" shall be substi-
tuted.

The definition of "Governor" shall be
deleted.


For the words "the Governor may in
his discretion" the words "the Admini-
strator may with the approval of such
Government or authority" shall be sub-
stituted, and the words "and subsection
(3)" shall be deleted.

This subsection shall be deleted.

This subsection shall be renumbered
"(2)".


5, 13



7



14





2



4 (1)






4 (2)

4 (3)


General Revision.




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs