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Title: Saint Vincent government gazette
Alternate Title: Government gazette
St. Vincent government gazette
Physical Description: v. : ; 35 cm.
Language: English
Creator: Saint Vincent
Publisher: G.P.O.
Place of Publication: Kingstown, St. Vincent
Kingstown St. Vincent
Publication Date: May 5, 1951
Frequency: weekly
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Subject: Gazettes -- Periodicals -- Saint Vincent   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
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 Notes
Dates or Sequential Designation: v. 1, no. 1 (1868)-v. 112, no. 48 (Tues., 23 Oct. 1979)
General Note: Description based on: Vol. 111, no. 1 (Tues., 3 Jan. 1978); title from caption.
General Note: Supplements which accompany some numbers contain extraordinary issues, ordinances, statutory rules of order, etc.
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    Ordinance No. 13 of 1951: An Ordinance to provide for the Registration of Persons entitled to vote at Elections of Members of the Legislative Council and to regulate the Procedure at such Elections and for other Purposes in connection therewith
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~p- 21











SA IN'I VINCNT

GOVERNMENT GAZETTE
(EXTRAORDINARY.)

Iubli( Ted b Y 'uthoritY.

VOL. ?4.] SAINT VINObCNT, SATURDAY, 5 MAY, 1951. [No. 23.


GOVERNMENT NOTICE.


No. 206.
LEGISLATION.

By virtue of the powers conferred upon him by the Royal Instruc-
tions dated 9th of April, 1924 as amended by Clause VII of the
Additional Instructions of the 11th of May, 1945, His Honour the
Administrator has to-day given his assent to the undermentioned
Ordinance which is published for general information with this issue
of the Gazette:-
No. 13 of 1951.-An Ordinance to provide for the Registration of
Persons entitled to vote at Elections of Members of the Legis-
lative Council and to regulate the Procedure at such Elections
and for other purposes in connection therewith.
(J. 26/1950).
By Command,
BERNARD GIBBS,
Gowern ment Secretary.
Government Office,
5th May, 1951.

PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT
[ Price 24 cents. I






S 155s


















SAINT VINCENT.

No. 13 of 1951.

I Assent,

[ L.S. ] W. F. COUTTS,
Administrator.

5th May, 1951.

AN ORDINANCE to provide for the Registration of Persons
entitled to vote at Elections of Members of the Legislative
Council and to regulate the Procedure at such Elections and
for other purposes in connection therewith.
[ 5th May, 1951. ]

Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
1. This Ordinance may be cited as the Legislative Council Short title.
(Elections) Ordinance, 1951.
PART I.

PRELIMINARY.

2. In this Ordinance-
"election" means an election of a member or members to Interpretation
serve in the Legislative Council;
"election documents" means the documents which the
returning officer is required by subsection (1) of section 52
of this Ordinance to transmit to the Supervisor of Elections
after an election;






26


No. 13. Legislative Council (Elections). 1951.


"election officer" includes the Supervisor of Elections, every
returning officer, election clerk, presiding officer, poll
clerk, enumerator or other person having any duty to
perform pursuant to this Ordinance, to the faithful
performance of which duty he may be sworn;
"elector" means any person whose name is on any list of
electors;
"electoral district" means an electoral district as defined by
any order of the Governor in Council for the time being in
force;
"finally revised list" means the list of electors for any polling
division which has been revised by the registration officer
in accordance with the provisions of the Rules contained
in the Second Schedule to this Ordinance, certified and
forwarded to the Supervisor of Elections for printing;
"list of electors means either the preliminary list of electors,
the finally revised list of electors or the official list of
electors as herein defined, as the context requires;
official list" means the finally revised list of electors for any
polling station which has been printed for use at such
polling station.
"Order in Council" means the Saint Vincent (Legislative
Council) Orders in Council, 1936 to 1951, and any order of
His Majesty in Council from time to time in force in place
of those Orders, or amending those Orders;
Poll book means the book in the form set out as Form No. 32
in the First Schedule to this Ordinance in which the name
and other particulars of every person applying to vote are
consecutively entered by the poll clerk as soon as the
applicant's right to vote at the polling station has been
ascertained and before any such applicant is allowed to
vote;
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 7 of this
Ordinance;
"polling station means any room secured by the Supervisor of
Elections for the taking of the votes of the electors on
polling day and to which the official list of electors for a
polling division is allotted;
"preliminary lists of electors" means the lists of electors
prepared by the enumerators in accordance with the
provisions of the Rules contained in the Second Schedule
to this Ordinance;




4'. .S


27

No. 13. Legislative Council (Elections). 1951.


"prescribed" means prescribed by rules made under this
Ordinance;
"rejected ballot paper means a ballot paper which has been
handed by the presiding officer to an elector 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 presiding officer or returning officer it
cannot be counted;
Schedule means Schedule to this Ordinance;
"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 an elector to cast his vote, and-
(a) has been spoiled in marking by the elector; and
(b) has been handed back to the presiding officer and
exchanged for another;
voter means any person who votes at an election;
writ" means the writ for an election.

3. (1) For the purposes of the election of members of the Electoral
Legislative Council, the Colony shall be divided into eight districts.
electoral districts.
(2) The said districts shall be defined by order of the
Governor in Council.


PART II.

REGISTRATION OF ELECTORS.

4. (1) Subject to the provisions of section 5 of this Qualifications
Ordinance, any person shall be entitled to be registered as an of electors.
elector in any one electoral district if he-
(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 at least twelve
months immediately before the date of registration or is
domiciled in the Colony and is resident therein at that
date.
(2) No person shall be registered as an elector in any electoral
district who is not entitled to be so registered under the provisions
of this Ordinance.

5. No person shall be entitled to be registered as an elector Disqualifications
in any electoral district who-- of electors.









No. 13. Legislative Council (Elections). 1951.


(a) has been sentenced by a Court in any of His Majesty's
dominions to death or to imprisonment (by whatever
name called) for a term exceeding twelve months, and has
not either suffered the punishment to which he was
sentenced or such other punishment as may by competent
authority have been substituted therefore or received a free
pardon; or
(b) is a person adjudged to be of unsound mind or detained
as a criminal lunatic under any law in force in the Colony;
or
(c) is disqualified for registration as an elector by any law in
force in the Colony relating to offences connected with
elections. i , I i 'I -i-!

Compiling lists 6. (1) As soon as possible after the coming into operation of this
ef electors. Ordinance and in such years as the Governor by proclamation may
appoint, in no case being more than three years after the date of
the last preceding general election of members of the Legislative
Council, lists of electors shall be compiled in each electoral district
of all persons entitled under the provisions of this Ordinance to
vote at the election of a member of the Legislative Council for
such district.

(2) A list of electors shall be compiled for each polling
division comprised within an electoral district and shall come into
force on such date as the Governor may by proclamation appoint
and shall remain in force until the list of electors next compiled
comes into force.

(3) If for any reason a registration officer fails to compile a
list of electors for any polling division, the list of electors in force
when the fresh list of electors should have come into force shall
continue in operation as the list of electors for such division.

Polling 7. (1) Subject to the provisions of subsections (2) and (3)
divisions, of this section, there shall be constituted in each electoral district
so many polling divisions with such boundaries as the Supervisor
of Elections shall appoint.

(2) Each polling division shall so far as practicable, contain
approximately four hundred and fifty qualified persons.
(3) Where the Supervisor of Elections is satisfied that by
reason of the congestion or of the sparsity of population or other
special circumstances, it is more convenient so to do, he may,
notwithstanding anything contained in the last preceding
subsection, constitute a polling division including either more or
less than four hundred and fifty qualified persons.









Legislative Council (Elections).


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

8. (1) The Supervisor of Elections shall appoint fit and
proper persons as Registration officers.

(2) The Supervisor of Elections may appoint fit and proper
persons to assist a Registration officer in the performance of his
duties under this Ordinance.

(3) Subject to the authority, directions and control of the
Supervisor of Elections, an assistant, other than an enumerator,
shall have'all the powers and may perform any of the duties of a
registration officer under this Ordinance.

(4) There shall be paid to each registration officer and to
each assistant for his services under this Ordinance such
remuneration as may be prescribed.

(5) Every registration officer shall, before entering on his
duties as such, take and subscribe an oath in the form set out as
Form No. 46 in the First Schedule and shall transmit such oath to
the Supervisor of Elections.

9. It shall be the duty of the registration officer to compile
the lists of electors for his district in accordance with the
provisions of this Ordinance and the Rules set out in the Second
Schedule.

10. (1) Where more than one polling station is established
for any polling division, the returning officer shall divide the
printed list of electors for the polling division into as many
separate lists as there are polling stations in the polling division.

(2) Where any list is required to be divided in accordance
with the provisions of subsection (1) of this section, in any case
to which the provisions of rule 8 of the Registration Rules,
contained in the Second Schedule to this Ordinance and relating
to enumeration of electors apply, it shall be divided alphabetically
by being cut through between the last name thereon commencing
with one letter of the alphabet and the first name thereon
commencing with the next succeeding letter of the alphabet;
(3) Where any list is divided alphabetically in accordance
with the provisions of this section, there shall be displayed at the
polling station to which any division of the list relates the initial
letter of the first and of the last of the names upon such division
of the list.


Registration
Officers.


Registration
duties.
2nd Schedule.


Division of list.


1951.


No. 13.








No. 13. Legislative Council (Elections). 1951..


(4) Where any list is divided in accordance with the
provisions of this section, every elector shall vote, if he vote at all,
at the polling station to which is allotted the division of the list
upon which his name appears.

Appeals. 11. (1) An appeal shall lie to a Judge in Chambers
(hereinafter referred to as the Court") from any decision of a,
registration officer on any claim or objection which has been
considered by him under this Ordinance : Provided however that
no appeal shall lie where a claimant or objector has not availed
himself of his opportunity, as provided by this Ordinance, of being
heard by the registration officer on the claim or objection.
(2) Any claimant or objector desiring to appeal against the
decision of a registration officer shall give written notice of appeal
to the registration officer and to the opposite party, if any, when
the decision is given or within seven days thereafter, specifying
the grounds of appeal.
(3) The registration officer shall immediately forward such
notice to the Registrar of the Supreme Court together with a
statement of the material facts which, in his opinion, have been
established in the case, and of his decision upon the whole case
and upon any point which may be specified as a ground of appeal,
and shall also furnish to the Court any further information which
the Court may require and which he is able to furnish.
(4) Where it appears to the registration officer that any
notices of appeal given to him are based on similar grounds, he
shall inform the Registrar of the Supreme Court of the fact for
the purpose of enabling the Court, if it thinks fit, to consolidate
the appeals or to select a case as a test case.
(5) On any appeal under this section the registration officer
shall be a party to the proceedings.
(6) Every appeal under this section shall be prosecuted,
heard and determined by the Court in such manner as may be
prescribed by rules of court, and the costs of every such appeal
shall be in the discretion of the Court hearing such appeal,
(7) The right of any person whose name is for the time being
on the list of electors to vote at an election shall not be prejudiced
by any appeal pending under this section and any vote given at
an election in pursuance of that right shall be as good as if no
such appeal were pending, and shall not be affected by the
subsequent decision of the appeal.
(8) Notice shall be sent to the registration officer by the
Registrar of the Supreme Court of the decision of the Court on
any appeal under this section, and the registration officer shall
make such alterations in the list of electors as may be required to
give effect to the decision.








Legislative Council (Elections).


12. The Chief Justice may make rules of court for regulating
the practice in respect of appeals under this Part of this
Ordinance : Provided that all rules of court for regulating the
practice in respect of appeals against the decisions of registration
officers made under any former law and in force at the
commencement of this Ordinance shall, in so far as they are not
inconsistent with the provisions of this Ordinance, remain in
force until replaced by rules made under this Ordinance.


PART III.

ADMINISTRATIVE PROVISIONS.
13. The Governor 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 compliance 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.

14. (1) The Governor may from time to time, on the
recommendation of the Supervisor of Elections, appoint for each
electoral district a returning officer who shall receive such
remuneration as may be prescribed.
(2) Forthwith upon his appointment each returning officer
shall take and subscribe an oath in the form set out as Form No.
20 in the First Schedule, and shall transmit such oath to the
Supervisor of Elections.
(3) Forthwith upon taking the oath referred to in the last
preceding subsection, the returning officer shall establish an office
in his electoral district and shall cause an advertisement to be
inserted in a newspaper specifying the place at which he has
established his office.

15. (1) The Supervisor of Elections shall appoint an election
clerk for each electoral district who shall receive such fee for each
election in that district as may be prescribed.
(2) Forthwith upon his appointment the election clerk shall
take an oath in the form set out as Form No. 21 in the First
Schedule and shall transmit such oath to the Supervisor of
SElections through the returning officer.
(3) If at any time between the issue of a writ for an election
and the declaration of the result of that election the returning


Rules of Court.


Appointment
powers and
duties of
Supervisor
of Elections.







Returning
officers.












Election
Clerks.


No. 13.


1951.








No. 13. Legislative Council (Elections). 1951.


officer dies or becomes incapable of performing his duties as such,
the election clerk shall forthwith report the fact to the Supervisor
of Elections and shall discharge all the duties and exercise all the
powers of the returning officer until some other returning officer
is appointed or the returning officer ceases to be incapable of
performing his duties, as the case may be.

Substitute 16. (1) Forthwith upon commencing to discharge the duties
election of the returning officer in accordance with the provisions of the
clerks. last preceding section the election clerk shall appoint a substitute
election clerk who, unless sooner removed by the Supervisor of
Elections, shall perform all the duties and exercise all the powers
of the election clerk until such time as the election clerk ceases to
perform the duties and to exercise the powers of the returning
officer.
(2) Forthwith upon commencing te discharge the duties of
the election clerk, the substitute election clerk shall take the oath
required by the last preceding section to be taken by the election
clerk.
(3) The substitute election clerk shall receive, ia respect of
his services as such, such sum as the Governor may in any
particular case appoint.

Presiding 17. (1) The Supervisor of Elections shall, subject to the
offiee s. approval of the Governor, appoint a presiding officer for each
polling station in such district who shall receive such fee as may
be prescribed.
(2) Forthwith upon his appointment each presiding officer
shall take and subscribe an oath in the form set out as Form No.
22 in the First Schedule and shall transmit such oath to the
Supervisor of Elections through the returning officer.

Poll clerks. 18. (1) The Supervisor of Elections shall appoint a poll
clerk for each polling station in such district who shall receive
such fee as may be prescribed.
(2) Forthwith upon his appointment every poll clerk shall
take and subscribe an oath in the form set out as Form No. 23 in
the First Schedule and shall transmit such oath to the Supervisor
of Elections through the returning officer.

(3) If any presiding officer dies or becomes incapable of
performing his cuties 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) Every person appointed to act as poll clerk under the last
preceding subsection shall forthwith take and subscribe the oath
of a poll clerk. . : .. ,-.










No. 13. Legislative Council (Elections). 1951.


19. Every election officer and every person who is required by
this Ordinance to take an oath may take such oath either before a
Magistrate a Justice of the Peace or before any registration officer,
returning officer or presiding officer or poll clerk appointed in
accordance with the provisions of this Ordinance and every such
registration officer, returning officer, presiding officer and poll
clerk is hereby authorised and empowered to administer any
oaths required by this Ordinance to be made by any election
officer or other person.


Oaths to be
taken before
magistrate
Justice of the
Peace,
returning
officer,
presiding
officer or poll
clerk.


PART IV.

ARRANGEMENTS FOR ELECTIONS.


20. (1) For the purposes of any general election of
members of the Legislative Council, and for the purposes of the
election of members to supply vacancies caused by death,
resignation, or otherwise, the Governor 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
returned. Such writs shall be forwarded to the Supervisor of
Elections for transmission to the several returning officers.

(2) Every such writ shall be in the form set out as Form No. 1
in the First Schedule and shall specify the day and place of
nomination of candidates, the day on which, if necessary, the poll
shall be taken, being not less than fifteen and not more than
twenty-one days thereafter, and the day on which such writ is
returnable to the Governor.

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

21. On the Governor issuing a writ the Supervisor of
Elections shall give notice thereof and of the day and place fixed
for the nomination of candidate ., by publication in the Gazette
and one or more newspapers at least ten clear days before the day
fixed for such nomination; and the returning officer shall give
further notice of the issue of such writ and of the time and place
fixed for the nomination of candidates by causing notices in the
form set out as Form 'No. 24 in the First Schedule to be posted at
such places in the district, as he may deem necessary.

22. Before the day fixed for the nomination of candidates
the returning officer shall obtain from the Supervisor of Elections
the prescribed number of copies of the lists of electors for the
time being in force by virtue of this Ordinance.


Issue of writs
for holding
election.


Notice of time
and place of
election.







Copies of lists
of electors to be
obtained.


legislative Coduncil (Elections).


1951.


No. 13.











No. 13. Legislative Council (Elections). 1951.


Nomination of
Candidates.


Disposal of
deposit.


PROCEDURE AT ELECTIONS.
23. (1) On the day and at the place fixed for the nomination
of candidates, the returning officer shall attend at nine o'clock in
the morning to receive the nomination of candidates for the seat
to be filled.
(2) Every candidate for election-
(i) must be nominated in writing by not less than six
registered electors of the electoral district for which he
seeks to be elected, and
(ii) must consent in writing to such nomination, in the form
set out as Form No. 25 in the First Schedule : Provided
that no candidate shall be deemed not to have been
validly nominated by reason only of the fact that
subsequent to nomination day any person by whom his
nomination paper was signed is struck off the list of
electors for the relevant electoral district: Provided
further that no election officer shall be eligible for
nomination as a candidate for election as a member of the
Legislative Council.
(3) The returning officer shall at the place aforesaid and at
the time aforesaid and within three hours thereafter receive such
nomination papers as may be tendered to him.
(4) Every candidate shall at the time of his nomination
deliver or cause to be delivered to the returning officer a statutory
declaration of his qualifications made and subscribed by such
candidate or, if the candidate is absent from the Colony on
nomination day by his duly authorised agent, in the form set out
as Form No. 26 or Form No. 26a. as the case may be, in the First
Schedule. If such statutory declaration is not delivered as
aforesaid the nomination of such candidate shall be deemed to be
void.
(5) Every candidate or someone on his behalf shall at the
time of his nomination deposit, or cause to be deposited, with the
returning officer, the sum of one hundred and twenty dollars in
cash and if he fails to do so the nomination of such candidate
shall be deemed to be void.

24. (1) The full amount of every deposit made under
subsection (5) of the last preceding section shall forthwith after
its receipt be transmitted by the returning officer to the Colonial
Treasurer.
(2) The full amount of every such deposit shall be returned
by the Colonial Treasurer to the person who made such deposit or
his personal representatives, as the case may be, upon the
production by him or by them, within one month of the conclusion
of the election in respect of which the deposit was made, of a
certificate from the Supervisor of Elections that the candidate


1951.


No. 13.


Legislative Council (Elections).






Legislative Council (Elections).


was elected or polled not less than one-eighth of the total number
of votes counted at the election, or died before the close of the
poll on polling day.
(3) For the purposes of this section the number of votes
polled shall be deemed to be the number of ballot papers (other
than rejected ballot papers and spoilt ballot papers) counted.
(4) Except as otherwise provided in this section, every such
deposit shall, at the expiration of one month from the conclusion
of the election in respect of which it was made, be credited to
general revenue.


25. If at the expiration of three hours from the time
appointed there shall be only one candidate duly nominated, the
returning officer shall forthwith publicly declare such candidate
.to be elected, and shall immediately thereafter certify by
endorsement on the writ of election in the form set out as Form
No. 27 in the First Schedule the return of such candidate and
shall return the writ so endorsed to the Supervisor of Elections
for transmission to the Governor within the time for that purpose
specified therein.

26. (1) If there shall be more than one candidate duly
nominated a poll of electors shall be taken, and in such case the
returning officer shall adjourn the election to the day specified in
the writ, and a poll shall be taken on such day in the manner
hereinafter provided.
(2) The returning officer shall, as soon as practicable after
adjourning the election, give notice of the day and time on which
and the addresses of the polling stations at which the poll
will be taken and of the names of the candidates nominated for
election and of the place where and day and time when the
number of votes given to the several candidates will be finally
counted by publication thereof in one or more newspapers; and
by causing notices to be posted at such places in the district as he
may deem necessary in the form set out as Form No. 28 in the
First Schedule.

27. (1) Where at any time between the issue of a writ under
subsection (1) of section 20 of this Ordinance and the day
appointed by the writ for the holding of the poll at any election
the Governor is satisfied that it is expedient so to do by reason of-
(a) His Majesty's Government having become engaged or
being likely to become engaged in any war; or
(b) the proclamation of any state of emergency under any law
of the Colony for the time being in force; or
(c) the occurrence of any earthquake, hurricane, flood, fire.
outbreak of pestilence or outbreak of infectious disease or
other calamity whether similar to the foregoing or not; or


Uncontested
elections.








Contested
election
Adj ournmenit
to take the
poll.











Powers to
adjourn polling
day in event of
emergency.


No. 13.


1951.








No. 13. Legislative Council (Elections). 1951.


(d) the likelihood that the final electoral lists for all electoral
districts or for any particular electoral district will not be
printed before the day appointed under section 20 of this
Ordinance for the holding of the poll or that any essential
electoral supplies or materials will not be available in
adequate quantities upon such day,
he may by proclamation adjourn the holding of the poll to some
other day specified in such proclamation not being more than
thirty days after the day specified in the writ issued under
section 20 of this Ordinance.
(2) Any proclamation under subsection (1) of this section
made pursuant to the provisions of paragraph (c) or (d) of
subsection (1) of this section may be expressed to apply only to
such electoral districts as are specified in such proclamation in
which event the poll shall be taken in any electoral districts not
so specified upon the day appointed for the taking of the poll
under section 20 of this Ordinance.
(3) Where any proclamation is made under this section the
writs for all electoral districts to which such proclamation applies
shall be deemed to have been amended by the substitution for the
day specified in such writs as being the day for the holding of the
poll of the day so specified in such proclamation.
(4) Where any proclamation under this section is made
before the day which would have been nomination day if such
proclamation had not been made, nomination day shall be
deemed to have been adjourned to the twenty-third day next
before the day to which the holding of the poll is adjourned by
such proclamation : Provided that if such twenty-third day is a
Sunday or a public holiday nomination day shall be deemed to be
adjourned to the first day not being a Sunday or a public holiday
after such twenty-third day.
(5) Where any proclamation is made under this section after
nomination day the adjournment by such proclamation of the
day upon which the poll is taken shall in no way affect the
validity of any nomination validly made upon nomination day
and no other nomination shall be made.

Wit l of 28. (1) Any candidate duly nominated may, not less than
Withdrawal f seven clear days before the day fixed for taking the poll,
candidature withdraw from his candidature by giving notice to the effect,
signed by him, to the returning officer, provided that on such
withdrawal there remains not less than one duly nominated
candidate.
(2) If any such candidate withdraws from his candidature
in accordance with subsection (1) of this section, or dies before
the day fixed for taking the poll, the returning officer shall
forthwith give public notice of such withdrawal or death in the
manner mentioned in the preceding section; and if on such





87


No. 13.


Legislative Council (Elections).


withdrawal or death there remains only one duly nominated
candidate, the returning officer shall forthwith declare such
candidate to have been elected and shall immediately thereafter
certify by endorsement on the writ of election the return of such
candidate in the form set out as Form No. 29 in the First Schedule
and shall return the writ so endorsed to the Supervisor of
Elections for transmission to the Governor within the time for
that purpose specified therein.


29. (1) The poll shall be taken in each polling station by
secret ballot in accordance with the provisions of sections 42, 43
and 44 of this Ordinance.
(2) The ballot of each voter shall be a. printed paper, in this
Ordinance called a ballot paper on which the names, addresses
and occupations of the candidates alphabetically arranged in the
order of their surnames and numbered accordingly shall be printed
exactly as they are set out in their respective nomination papers.
Opposite to the name of each candidate there shall be a
prescribed symbol. The ballot papers shall have a counterfoil
and a stub, and there shall be a line of perforations between the
ballot and the counterfoil and between the counterfoil and the
stub, the whole as in the form set out as Form No. 30 in the First
Schedule.
(3) The ballot papers shall be numbered on the top of the
stub and the counterfoil, the same number being printed or
written on the stub as on the counterfoil. The ballot papers shall
be bound or stitched in books containing ten, twenty-five, fifty or
one hundred ballots.

30. The Supervisor of Elections shall establish for each
polling division such number of polling stations as may
be necessary, each polling station being in premises of
convenient access, with an outside door for the admission of
electors, and where possible, with another door through which
electors may leave after they have voted, and each presiding
officer shall take care beforehand that his polling station is
provided with proper doors, barriers, tables, chairs and other
conveniences, and that the same are properly arranged for
carrying out the provisions of this Ordinance with respect to the
taking of the poll.

31. (1) The returning officer shall furnish to each presiding
officer at least two clear days before polling day-
(a) a sufficient number of ballot papers for at least the
number of electors on the official list of electors of such presiding
officer's polling station;
(b) a statement showing the number of ballot papers so
supplied, with their serial numbers;


Taking of Poll
and the ballot.


Establishment
of polling
stations.









Supplies of
election
material.


1951.




Legislative Council (Elections).


Inspection of
polling station
by presiding
officer.

Hours of taking
the poll.


Ballot boxes.


Electors to vote
only in division
upon list for
which their
names appear.


(c) the necessary materials for electors to mark their ballot
papers; i
(d) at least three copies of printed directions in the form set
out as Form No. 31 in the First Schedule for the guidance of
electors in voting;
(e) a copy of or excerpts from this Ordinance;
(f) three copies of the official list of electors for use at his
polling station;
(g) a ballot box;
(h) a blank poll book;
(i) the several forms of oaths to be administered to electors
printed together on a card; and
(j) the necessary envelopes and such other forms and
supplies as may be authorised or furnished by the Supervisor of
Elections.
(2) Until the opening of the poll the presiding officer shall
keep the blank poll book, official lists of electors, forms of oaths,
envelopes, ballot papers and other election supplies carefully
locked up in the ballot box, and shall take every precaution for
their safe keeping and to prevent any person from having
unlawful access to them.
(3) Before 'the hour fixed for the opening of the poll the
presiding officer shall post up in each compartment of the polling
station and in a conspicuous place outside of the polling station
one copy of the directions referred to in paragraph (d) of
subsection (1) of this section.

32. 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.


33. The taking of the poll at each polling station shall be
between seven o'clock in the morning and five o'clock in the
afternoon of the same day.

34. (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.

35. (1) Subject to the provisions of sections 38 and 39 of this
Ordinance, no person shall be entitled to vote in any polling
division unless his name appears on the official list of electors for
that polling division.


No. 13.


1951.






Legislative Council (;Elections).


(2) Every person whose name appears upon the official list of
electors for any polling division shall be entitled to vote in that
polling division notwithstanding that he is not resident in that
polling division upon polling day: Provided however that no
person shall vote in more than one electoral district or at more
than one polling station in the same electoral district or more
than once in the same- electoral district on the same day.


36. No person, shall vote for the election of more than one
candidate.




37;' Any person 'contravening- any of the-provisions of the
last two preceding sections shall be liable; o. summary conviction,
to imprisonment for six months.

S38. (1) Where any person whose name -appears upon the
official list for any polling station is appointed as presiding
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 list
for the polling -station of which- such -person is appointed the
presidirg 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 the
last preceding subsection 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 the next
succeeding section of this Ordinance.

39. (1) Every person ,whose name is transferred, in
accordance with the provisions of the last preceding section,
from any official list to any. other official list shall vote, if he vote
at all, in the polling station of which he is appointed presiding
officer or poll clerk, as the case may be.
(2) Every presiding officer who issues to any person whose
name has been transferred from any official list to any other
official list 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.

40. (1) :At the hour fixed for opening the poll the presiding
officer and the poll clerk shall in the presence of the candidates,
their agents, and such of the electors as are present, open the


Restriction on
number of
candidates for
whose election
vote may be
cast.
Penalty.



Transfer of
electors in
special cases.


Where
transferred
elector to vote.










:Proceedings
at Poll.


'No: 13.


:i 1951.












ballot box and ascertain that there are no ballot papers or other
papers therein, after which the box shall be locked, and the
presiding officer shall keep the key thereof; the box shall be
placed on a table in full view of all present and shall be
maintained there until the close of the poll.
(2) Immediately after the ballot box is so locked, the
presiding officer shall call upon the electors to vote.
(3) The presiding officer shall secure the admittance of every
elector into the polling station, and shall see that they are not
impeded or molested at or about the polling station.
(4) Each elector, upon entering the polling station, shall
declare his name, residence and occupation. The poll clerk shall
then ascertain if the name of the elector appears on the official
list of electors used at the polling station. When it has been
ascertained that the applicant elector 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. 32 in the First Schedule, a number corresponding to the
consecutive number allotted to the elector on the official list of
electors being prefixed to the elector's name in the appropriate
column of the poll book, and the elector 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 as the presiding officer
pursuant to any provision 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 elector, 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 elector who has refused to take an oath or
to affirm, when he has been legally required so to do, or
has refused to answer questions which he has been legally
required to answer.

Who are to be 41. (1) The presiding officer shall keep order at his polling
admitted station and shall regulate the number of voters to be admitted at
within the a time, and shall exclude all other persons except his assistants,
polling station, the candidates, one agent for each candidate appointed by such
candidate in writing in the form set out as Form No. 33 in the
First Schedule, and the constables on duty.


Legislative Council (Elections).


1951.


No. 13.









Legislative Council (Elections).


(2) The agents aforesaid shall be posted in such a place that
they can see each person who presents himself as an elector, and
hear his name as given in by him, but so that they cannot see how
any voter votes. They shall not interfere in the proceedings save
in so far as 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
contravention of this section it shall be lawful for the presiding
officer to cause him to be removed from the polling station.

42. (1) Each elector shall receive from the presiding officer
a ballot paper on which such officer has previously put his initials
so placed as indicated in the form set out as Form No. 30 in the
First Schedule that when the ballot paper is folded they 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 electors allotted to the elector and entered in the
poll book opposite the name of such elector.
(2) The presiding officer shall instruct the elector how to
make his mark, and shall properly fold the elector's ballot paper,
directing him to return it, when marked, folded as shown, but
without inquiring or seeing for whom the elector intends to vote,
except when the elector is unable to vote in the manner prescribed
by this Ordinance on account of blindness or other physical
incapacity.
(3) The elector on receiving the ballot paper shall forthwith
enter one of the polling compartments and there mark his ballot
paper by making with a black lead pencil and not otherwise a
cross within the space containing the name of the candidate for
whom he intends to vote, and he shall then fold the ballot paper
as directed so that the initials and the numbers on the counterfoil
can be seen without opening it, and hand the paper to the
presiding officer who shall, without unfolding it, ascertain by
examination of the initials and numbers appearing thereon that
it is the same paper as that delivered to the elector and if the
same he shall forthwith in full view of the voter and all others
present remove the counterfoil and deposit the ballot in the
ballot box.
(4) An elector 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 elector.
(5) Every elector shall vote without undue delay and shall
leave the polling station as soon as his ballot paper has been put
into the ballot box.


Agents, how to
be placed.



Preservation
of order.



General mode
of taking ballot.


1951.


No. 13.








42 . -


Legislative Council (Elections).


Questions
which may be
put to an
elector.


Mode of taking
ballot in special
cases.


(6) If at the hour of closing of the poll there are any electors
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.

43. (1) The presiding officer may, and shall, if requested by
a candidate or his agent, put to the elector the following
questions :-
(a) Are you the same person whose name appears as A.B. on
the list of electors now in force for this polling station?
(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.

44. (1) Subject to all other provisions of this Ordinance as
to proof of qualification as an elector and as to the administration
of oaths, if a person representing himself to be a particular
elector 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. 34 in the First Schedule, and otherwise establishing his
identity to the satisfaction of the presiding officer.
(2) In such case, the presiding officer shall put on the ballot
paper his initials together with a number corresponding to the
consecutive number on the official list of electors allotted to the
voter 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 or 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 elector
who is incapacitated, from any physical cause other than
blindness, from voting in the manner prescribed by this
Ordinance, shall require the elector making such application to


No. 13.


1951.





43


Legislative Council (Elections).


make oath in the form set out as Form No. 35 in the First Schedule
of his incapacity to vote without assistance, and shall thereafter
assist such elector by marking his ballot paper in the manner
directed by such elector 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 elector
in the same manner as with an otherwise incapacitated elector, or
at the request of any blind elector whb has taken the oath in the
form set out as Form No. 36 in the First Schedule, and is
accompanied by a friend who is an elector in the polling division,
shall permit such friend to accompany the blind elector into the
voting compartment and mark the elector's ballot paper for him.
No person shall at any election be allowed to act as the friend of
more than one blind elector.
(5) Any friend who is permitted to mark the ballot paper of
a blind elector as aforesaid shall first be required to take an oath
in the form set out as Form No. 37 in the First Schedule that he
will keep secret the name of the candidate for whom the ballot of
such blind elector is marked by him and that he has not already
acted as the friend of a blind elector for the purpose of marking
his ballot paper at the pending election.
(6) Whenever any elector has had his ballot paper marked as
provided in subsection (3') or (4) or (5) of this section, the poll
clerk shall enter in the poll book, opposite the elector's name, in
addition to any other requisite entry, the reason why such ballot
paper was so marked.

45. (1) Where there is contained in the official list of
electors a name, address and occupation which correspond so
closely with the name, address and occupation of a person by
whom a ballot paper is demanded as to suggest that the entry in
such official list of electors was intended to refer to him, such
person shall, upon taking the oath in the form set out as Form
No. 38 in the First 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 occupation shall be correctly entered in the poll book and the
fact that the oath has been taken shall be entered in the proper
column of the poll book.
(2) An elector, if required by the presiding officer, the poll
clerk, one of the candidates, or an agent of a candidate, or by an
elector present, shall, before receiving his ballot paper, take an
oath in the form set out as Form No. 39 in the First Schedule, and
if he refuses to take the same, erasing lines shall be drawn
through his name on the list of electors 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.


Who may vote.


No. 13.


1951.








Legislative Council (Elections).


Who may be
present.
















proceedings
after poll.


46. (1) In addition to the presiding officer and the poll
clerk the candidates and one agent for each candidate in each
polling station, the constables 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 fifteen consecutive minutes.
(2) The agent of each candidate, on being admitted to the
polling station, shall take an oath in the form set out as Form No.
40 in the First Schedule to keep secret the name of the candidate
for whom any of the voters has marked his ballot paper in his
presence.
(3) Agents of candidates may, with the permission of the
presiding officer, absent themselves from and return to the polling
station at any time before one hour previous to the close of the
poll.

47. (1) Forthwith upon the close of the poll, in the presence
and in full view of the poll clerk and 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 electors if
none of the candidates is represented, the presiding officer shall
in the following order,-
(a) 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;
(b) count the spoiled ballot papers, if any, place them in the
special envelope supplied for that purpose and indicate thereon
the number of such spoiled ballot papers and seal it up;
(c) 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;
(d) 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;
(e) open the ballot box and empty its contents upon a table;
(f) record and count the number of votes given to each
candidate on the tally sheets supplied, giving full opportunity to
those present to examine each ballot paper. The 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


No. 13.


1951.







No. 13. Legislative Council (Electiofs). 1951.


out by the presiding officer.
(2) In counting the votes, the presiding officer shall reject
all ballot papers-
(a) which have not been supplied by him; or
(b) which have not been marked for any candidate; or
(c) on which votes have been given for more than one
candidate; or
(d) upori which there is any writing or mark by which the
voter could be identified, but no ballot paper shall be rejected on
account of any writing, number or mark placed thereon by any
presiding officer.
(3) If, in the course of counting the votes any ballot paper is
found with the counterfoil still attached thereto, the presiding
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 his former failure to remove the counterfoil.
(4) If, in the course of counting the votes the presiding
officer discovers that he has omitted to affix his initials to any
ballot paper, as provided by subsection (1) of section 42 of this
Ordinance, and as indicated in the form set out as Form No. 30 in
the First Schedule to this Ordinance, he shall, in the presence of
the poll clerk and the agents of the candidates, affix his initials to
such ballot paper and shall count such ballot paper as if it had
been initialled by him in the first place, provided that he is
satisfied that the ballot paper is one that has been supplied by
him and that such an omission has really been made, and also that
every ballot paper supplied to him by the returning officer has
been accounted for, as provided by paragraph (d) of subsection
(1) of this section,
(5) Nothing in subsection (2) or subsection (3), or subsection
(4) of this section shall relieve the presiding officer from any
penalty to which he may have become liable by reason of his
having placed any writing, number or mark, other than his
initials, on any ballot paper, or of his failure to remove the
counterfoil at the time of the casting of the vote to which it
relates or to affix his initials to any ballot paper before handing it
to any elector.
(6) The presiding officer shall keep a record on the special
form printed in the poll book of every objection made by any
candidate, or his agent or any elector present, to any ballot paper
found in the ballot box, and shall decide every question arising
out of the objection. The decision of the presiding officer shall
be final, subject to reversal on the final count by the returning
officer or on petition questioning the election or return; and every
such objection shall be numbered, and a corresponding number
placed on the back of the ballot paper and initialled by the
presiding officer.








No. 13. Legislative Council (Elections). 1951.


(7) All the ballot papers not rejected by the presiding officer
shall be counted and a list 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 endorsed so as to indicate their contents, and shall be
sealed by the presiding officer, and by such agents or witnesses
present as may desire to seal them or to sign their names thereon
in addition or instead.

(8) The presiding officer and the poll clerk, immediately
after the completion of the counting of the votes, shall take and
subscribe respectively the oaths in the forms set out as Forms
Nos. 41 and 42 in the First Schedule which shall remain attached
to the poll book.

(9) The presiding officer shall make the necessary number of
copies of the statement of the poll in the form set out as Form
No. 43 in the First Schedule, one copy to remain attached to the
poll book, one copy to be retained by the presiding officer and one
copy for the returning officer, which shall be enclosed in a special
envelope supplied for the purpose, which envelope he shall seal
and deliver personally or transmit to the returning officer.

(10) The poll book, the several envelopes containing the
ballot papers-unused, spoiled, rejected or counted for each
candidate-each lot in its proper envelope, the envelope
containing the official list of electors and other documents used
at the poll shall then be placed in the large envelope supplied for
the purpose, and this envelope shall then be sealed and placed in
the ballot box. The ballot box shall then be locked and sealed
with the seal of the presiding officer and forthwith transmitted
or delivered to the returning officer. The returning officer may
specially appoint one or more persons for the purpose of
collecting the ballot boxes from a given number of polling stations
and such person or persons shall, on delivering the ballot boxes to
the returning officer, take the oath in the form set out as Form
No. 44 in the First Schedule.

(11) The presiding officer shall, with the ballot box, transmit
or deliver to the returning officer, in the envelope provided for
that purpose, the key of such ballot box, the preliminary
statement of the poll in the form set out as Form No. 43 in the
First Schedule and the polling station account furnished him in
blank by the returning officer, having first caused it to be filled
in and signed by the officials of his polling station entitled to fees,
and by the landlord thereof, if any.







* 417


No. 13.


Legislative Council (Elections).


(12) The presiding officer shall transmit to the returning
officer-
(a) the ballot box;
(b) the envelope containing the key thereof;
(c) the preliminary statement of the poll; and
(d) the polling station account,
in such manner as the Supervisor of Elections may direct.
(13) If any presiding officer shall omit to enclose within the
ballot box, and in the proper, envelopes provided -for that purpose,
any of the documents mentioned in this section, he shall, in
addition to any other punishment to which he may be liable,
forfeit all right to payment for his services as such officer.

48. Each candidate may appoint one agent to attend the
preliminary and final counting of the votes by the presiding
officer' and the returning officer. Such appointment shall be in
writing in the form set out as Form No. 33 in the First Schedule.


PART V.


PROCEDURE SUBSEQUENT TO POLLING DAY.
49. (1) The returning officer upon receipt by him of each of
the ballot boxes, shall take every precaution for its safekeeping
and for preventing any person other than himself and his election
clerk 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 by the returning officer at the place, date and time
specified in the notice referred to in subsection (2) of section 26
of this Ordinance for the final count of the votes, and in the
presence of such of the candidates or their representatives as are
present and the returning officer shall-
(a) count the votes contained therein cast for each candidate
(allowing the candidates and their representatives to see
such votes) and determine whether any of the votes so
cast should be rejected;
(b) count the votes rejected by the presiding officer (allowing
the candidates and their representatives to see such
votes) and determine whether any of such votes should be
regarded as having been validly cast for any, and if so for
which candidate;
(c) add up the total number of votes (including any votes
rejected by the presiding officer but which he -thinks
should not have been so rejected) cast for each candidate;
(d) make and sign any necessary amendments to the
S. statement of the poll.


Final counting
of votes.


1951.


Agent.









Legislative CoUncl (4?Zepions).151


(3) The provisions of subsection (2) of section 47 of this
Ordinance shall apply to the returning officer as they apply to
the presiding officer except that paragraph (a) of that subsection
shall take effect as if there were substituted for the word "him-"
the words the presiding officer ".
(4) The provisions of subsection (6) of section 47 of this
Ordinance shall apply to the returning officer as they apply to
the presiding officer except that for references in the subsection
to the presiding officer there shall be substituted references to the
returning officer and that the words "on the final count by the
returning officer or" shall be deemed to be omitted from the
subsection.
(5) The provisions of subsection (7) of section 47 of this
Ordinance shall apply to the returning officer as they apply to
the presiding officer except-
(a) that the words returning officer shall be deemed to be
substituted for the words "presiding officer "; and
(b) that the documents referred to in that subsection shall
be replaced in the envelopes from which they were removed by
the returning officer and such. envelopes shall be fastened by a
sheet of paper being pasted over the opening thereof.
(6) If at the final .count of the votes none of the candidates
or their representatives are present, it shall be the duty of the
returning officer to secure the presence of at least two electors
who shall remain in attendance until such final count of the
votes has been completed.
(7) The candidate who, on such final count of the votes, is
found to have the largest number of votes, shall then be declared
elected in writing and a copy of such declaration shall be
forthwith delivered to each candidate or his agent, if present at
the final count of the votes, or, if any candidate is neither present
nor represented threat, shall be forthwith transmitted to such
candidate by registered post.
(8).,Whenever on such. final count of votes, an equality of
votes,4s, found to exist between any two or more candidates and
an additional vote would entitle one of such candidates to be
declared elected, the returning officer, if he is an elector 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.

Provisions 50. (1) If the ballot boxes are not returned to the returning
applicable officer by the time specified in the notice referred to in subsection
where ballot (2) of section 26 of this Ordinance, the returning officer shall
boxes not) adjourn the proceedings to a subsequent day, which shall not be
returned, more than a week later than polling day.


No,. 1A.


1951.









Legislative Council (Elections).


(2) In case the statement of the poll cannot be found and
the number of votes polled for the several candidates cannot be
ascertained, or if, for any other cause, the returning officer
cannot, at the day and hour appointed by him for that purpose
ascertain the exact number of votes given for each candidate, he
may thereupon adjourn to a future day and hour the final count
of the votes given for each candidate, not being more than
seventy-two hours after the time specified in the notice referred
to in subsection (2) of section 26 of this Ordinance.
(3) At the time to which the proceedings are adjourned in
accordance with the provisions of subsection (2) of this section,
the returning officer shall ascertain by such evidence as he is able
to obtain the total number of votes cast for each candidate and
shall declare elected the candidate appearing to him to have the
largest number of votes.
(4) For the purpose of this section, the returning officer shall
have all the powers of and be deemed to be a commissioner
appointed under the Commissions of Enquiry Ordinance and the
provisions of section 12 of the said Ordinance shall apply to all
persons required by the returning officer to give evidence or to
produce any documents before him as they apply to persons
summoned to attend and give evidence or to produce documents
before a commission of enquiry under the said Ordinance.

51. The returning officer shall, as soon as he shall have
ascertained the result of the poll, forthwith publicly declare the
same and announce the candidate to whom most votes have been
given to be elected as the member for the electoral district.

52. (1) The returning officer upon the seventh day next
following that upon which he has made the final count of or
ascertained the number of votes given for each candidate, shall
deliver personally or transmit by registered post to the Supervisor
of Elections-
(a) the writ with his return in the form set out as Form No. 45
in the First Schedule endorsed thereon that the candidate
having the majority of votes has been elected;
(b) a report of his proceedings in the form prescribed by the
Supervisor of Elections;
(c) the recapitulation sheets in the form prescribed by the
Supervisor of Elections, 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 his presiding officers;
(d) the statements of the polls;
(e) the reserve stipply of undistributed blank ballot papei's,
(f) the enumerators' record books;


Cap. 160.


Declaration of
the poll.



Election return.


No. 13.


1951.









No. 13. Legislative Council (Elections). 1951.


(g) the returns from the various polling stations enclosed in
sealed envelopes, as prescribed by this Ordinance, and
containing the poll book used at the poll, a packet
containing the stubs 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 electors used at the
poll, and the written appointments of candidates' agents;
and
(h) all other documents used for the election.
(2) The returning officer shall forward to each of the
candidates a duplicate or copy of the return to the writ made by
him.
(3) A premature return shall be deemed not to have reached
the Supervisor of Elections until the same should have reached
him in due course, and he shall, if circumstances so require, send
back such return and any or all election documents connected
therewith to the returning officer for completion or correction.
(4) The Supervisor of Elections shall, on receiving the return
of any member elected to serve in the Legislative Council,
transmit the writ with the return endorsed thereon to the
Administrator with the time for the purpose specified therein.
(5) The Supervisor of Elections shall, on receiving the return
of any member elected to serve in the Legislative Council, enter
it, 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
give notice in the Gazette of the name of the candidate so elected
and in the order in which it was received.
(6) 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 ballots, the number of names on the lists of
electors, 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.

Penalty for 53. If any returning officer wilfully delays, neglects or
delay, neglect refuses duly to return any person who ought to be returned to
or refusal of serve in the Legislative Council for any electoral district, and if it
returning has been determined on the hearing of an election petition
officer to return respecting the election for such district that such person was
elected entitled to have been returned, the returning officer who has so
candidate. -* .li0'1, delayed, neglected or refused duly to make such return
of his election shall forfeit to the person aggrieved the sum of two
thousand five hundred dollars and costs in addition to all
damages sustained.








Legislative Council (Elections).


54. If in the case mentioned in subsection (8) of section 49
of this Ordinance the returning officer is not an elector, or if,
being an elector he' declines to vote, he shall make a special return
of the result of the election, and the Legislative Council shall
have the right by resolution to choose one of such candidates to
be the member for that electoral district.

55. (1) The Supervisor of Elections shall keep the election
documents referred to in subsection (1) of section 52 of this
Ordinance in safe custody and shall allow no person to have
access to them : Provided that if an election petition has been
presented questioning the validity of any election or return the
said Supervisor shall, on the order of a Judge of the Supreme
Court, deliver to the Registrar of the Supreme 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
under the order of a Judge of the Supreme Court : and an order
under this subsection may be made by any such Judge on his
being satisfied by evidence on oath that the inspection or
production of such election documents is required for the purpose
of instituting or maintaining a prosecution for an offence in
relation to an election or for the purpose of a petition which has
been filed questioning an election or return.
(3) Any such order for the inspection or production of
election documents may be made subject to such conditions as to
persons, time, place and mode of inspection or production as the
Judge deems expedient.
(4) All other reports or statements received from election
officers, all instructions issued by the Supervisor of Elections
pursuant to the provisions of this Ordinance, all decisions or
rulings by him upon points arising thereunder, and all
correspondence with election officers or others in relation to any
election shall be public records, and may be inspected by any
person upon request during business hours.

(5) Any person may take extracts therefrom and shall be
entitled to certified copies of the papers relating to any subject
upon payment for the preparation of such certified copies at the
prescribed rate.
(6) Any such copies purporting to be certified by the
Supervisor of Elections under his hand shall be receivable in
evidence without further proof thereof.


Power of
Council to elect
in event of
equality of
votes.


Custody of
election
documents by
Supervisor of
Elections.


No. 13.


1951.









Legislative Council (Elections).


Custody of
ballot boxes.


56. Forthwith upon making the return to the writ in
accordance with the provisions of section 52 of this Ordinance the
returning officer shall cause the ballot boxes used threat, with
their locks and keys, to be transmitted or delivered to the
Supervisor of Elections.


PART VI.

ELECTION OFFENCES.


Intoxicating
liquor not to be
sold or given on
polling day.
Cap. 190.
Ord. No. 21 of
1936.










Employers to
allow employees
prescribed
period for
voting.







Offences by
election
officers.


57. (1) No intoxicating liquor shall be sold, offered for sale,
or given away, at any premises to which a licence issued under
the Liquor Licences Ordinance applies at any time between the
opening and the closing of the poll on polling day.

(2) No intoxicating liquor shall be supplied to any person at
any premises to which a licence issued under the Registration of
Clubs Ordinance applies, at arny time between the opening and
the closing of the poll on polling day.
(3) Any person who contravenes any of the provisions of
cithcr of the two last preceding subsections shall be liable on
summary conviction to a fine of five hundred dollars or to
imprisonment for six months.
(4) In this section, "intoxicating liquor" has the same
meaning as is assigned to the expression in the Registration of
Clubs Ordinance.

58. (1) Every employer shall, on polling day, allow to every
elector in his employ the prescribed period for voting, and no
employer shall make any deduction from the pay or other
remuneration of any such elector or impose upon or exact from
hilr 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 elector in his employ, of the prescribed
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.

59. 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 reasonable
cause to believe not to be a. blind person or an incapacitated
person to vote in the manner provided for blind persons or
incapacitated persons, as the case may be; or


No. 13.


1951.








Legislative Council (Elections).


(c) refuses to permit any person whom he knows or has
reasonable cause to believe to be a blind person or an
incapacitated person to vote in the manner provided for blind
persons or incapacitated persons, as the case may be; or
(d) wilfully prevents any person from voting at the polling
station at which he knows or has reasonable cause to believe
such person is entitled to vote; or
(e) wilfully 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
conviction on indictment, shall be liable to be imprisoned for any
term not exceeding two years.


60. (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 of the preceding subsections
of this section shall be deemed to extend to the furnishing or
supplying of any banner bearing only the name of any candidate
or only such name preceded by the words Vote for," or of any
rosette or of any favour bearing the symbol allotted to any
candidate or to the use of any such banner on any vehicle or of
any such rosette or favour.
(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 one year.

61. The following persons shall be deemed guilty of bribery
within the meaning of this Ordinance-


Loud speakers
ensigns &
banners
prohibited
on polling day.



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











Penalty.



Defnition of
bribery.


No. 13.


1951.








No. 13. Legislative Council (Elections). 1951.


(1) Every person who, directly or indirectly, by himself or by
any other person on his behalf, gives, lends, or agrees to
give or lend, or offers, promises, or promises to procure or
to endeavour to procure any money or valuable
consideration to or for any elector, or to or for any person
on behalf of any elector, or to or for any other person in
order to induce any elector to vote or refrain from voting,
or corruptly does any such act as aforesaid on account of
any elector 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 procure, or offers, promises, or promises
to procure or to endeavour to procure, any office, place or
employment to or for any elector, or to or for any person
on behalf of any elector, or to or for any other person in
order to induce such elector to vote or refrain from voting,
or corruptly does any such act as aforesaid on account of
any elector 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 endeavour to procure, the return of any person
as an elected member of the Legislative Council, or the
vote of any elector 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
Legislative Council or the vote of any elector 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 elector who, before or during any election, directly
or indirectly, by himself or by any other person on his
behalf, receives, agrees, or contracts for any money, gift,
loan or valuable 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.









Legislative Council (Elections).


(7) Every person who,, after any election, directly or
indirectly, by himself or by any other person on his
behalf, receives any money or valuable consideration on
account of any person having voted or refrained from
voting or having induced any other person to vote or
refrain from voting at any such election.
(8) The foregoing 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 purposes 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 electors 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.


62. The following persons shall be deemed guilty of treating
within the meaning of this Ordinance :-
(1) Every person who corruptly, by himself or by any other
person, either before, during, or after an election, directly
or indirectly, gives, or provides or pays wholly or in part
the expenses of giving or providing any food, drink
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.

63. Every person who, directly or indirectly, by himself or by
any other person on his behalf, makes use of or threatens to make
use of any force, violence, or restraint, or inflicts or threatens to
inflict, by himself or by any other person any temporal or spiritual
injury, damage, harm, or loss upon or against any person, in order
to induce or compel such person to vote or refrain from voting or
on account of such person having voted or refrained from voting
at any election, or who by abduction, duress, or any fraudulent
contrivance, impedes or prevents the free exercise of the franchise
of any elector, or thereby compels, induces, or prevails upon any


Definition of
treating.












Definition of
undue
influence.


1951.


No. 13.









Legislative Council elections) .


elector 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
personation.





Penalty for
bribery, treating
or undue
influence.

Penalty for
personation.





Disqualification
for bribery, etc.









Penalty for
certain illegal
practices at
elections.


64. Every person who at an election applies for a ballot
paper in the name of another person, whether that name be the
name of a person living or dead or of a fictitious person, or who,
having once voted 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.

65. 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.

66. Every person who is guilty of personation or of aiding,
abetting, counselling, or procuring the commission of the offence
of personation, shall, on conviction thereof on indictment be
liable to imprisonment for two years, with or without hard labour
or be fined any sum not exceeding two thousand four hundred
dollars.

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

68. (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 the Order in Council or this Ordinance or by
any law, from voting at such election;
(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 notification by the Supervisor of
Elections of the issue by the Governor of a writ for
purposes of an election and the day after polling at such
election, whether in a general election or in a bye-electioi,
acts in a disorderly manner with intent to prevent the


1951.


No. 13.









Legislative Council (Elections).


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 Legislative 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 an elector, or voting at
any election.
(2) Every person who between the date. of notification by the
Supervisor of Elections of the issue by the Governor of a writ for
purposes of an election and the day after polling at such election,
whether in a general election or in a bye-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 Legislative 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 an elector, or voting at any
election.
(3) Any person who, before or during any election, for the
purpose of affecting the return of any candidate at such election,
makes or publishes any false statement of fact in relation to the
personal character or conduct of any candidate shall be
guilty of an illegal practice and shall on summary conviction
thereof be liable to a fine of four hundred and eighty dollars.


69. 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 authorised by law to put in;
or
(d) fraudulently takes out of the polling station any ballot
paper; or
(e) without due authority destroys, takes, opens, or otherwise
interferes with any ballot box or packet of ballot papers
then in use for the purposes of any election; or
(f) not being duly registered as an elector, votes at an election,
shall be liable, on summary conviction, if he is returning officer or
presiding officer, or clerk employed at a polling station, to
imprisonment for one year or to a fine of four hundred and eighty
dollars, and, if he is any other person, to imprisonment for six
months or to a fine of two hundred and forty dollars.


fencess in
respect of
ballot papers.


Xo. 13.







58


Legislative Council (Elections).


1951.


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 of
secrecy.


Maintenance of
order at
polling stations.


70. (1) Every officer, clerk and'agent, in attendance at. a
polling station shall maintain and aid in maintaining the secrecy
of the voting in such station, and-shlill not communicate except
for some purpose authorized by law before the poll is closed, to
to any person any information as to the riame or niinimer'6n the
list of electors of any elector who has or has not' applied 'for a
ballot paper or voted at that station, and no- person shalf interfere
with or attempt to interfere with an electbr "when riairking his
vote or otherwise attempt to obtain'in the polliflg station':aiy
information as to the candidate for whom any elector in"gil~h
station is about to vote or has voted.
(2) Every officer, clerk and agent in attendance at the
counting of the votes shall maintain and aid in maintaining the
cecrccy of the voting and shall not attempt to communicate any
information obtained at such counting as to the candidate or
candidates for whom any vote is given in any artidular' ballot
paper.
(3) No person shall, directly or indirectly, induce any.voter.to
display his ballot paper after lie has marked it .soas. to make
Iknow\: to any person the name of the candidate or candidates for
whomi cr against whose name he has so marked his vote.
(4) Every person who act:- in contravention of any of the
provisions of this section shall be liable, on stummiary conviction,
to imprisonment for six months or to a fine of' two hundred and
forty dollars.

71. (1) Subject to the provisions of subjection (2) of this
section during the hours when the poll is open upbn election 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 electors who are waiting to poll their votes at such
polling station and who obey .any iistructipns which may
be given by the presiding officer or any cons,table for the
purpose of forming a queue with' other electors also so
waiting; or
(b) to any person who rmay under the provisions of. this
Ordinance lawfully enter or remain in'such'polling station.
(3) Every person who contravenes or fails to comply with .iy
of the provisions of this section shall be guilty of an offence


No. 13.






S 59

Legislative Council (Elections).


against this section and shall be liable on summary conviction
thereof to a fine of two hundred and forty dollars or to
imprisonment for six months or to both such fine and such
imprisonment.

72. (1) During the hours that the poll is open,upon election
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 elector to vote for any
candidate or to ascertain for what candidate any elector intends
to vote or has voted.
(2) Every person who contravenes any of the provisions of
subsection (1) of this section shall be guilty of an offence and
shall be liable on summary conviction thereof to a fine of two
hundred and forty dollars or to imprisonment for six months or to
boft such fine and such imprisonment.

PART VII.
ELECTION PETITIONS.
73. A petition complaining of an undue return or undue
election of a member of the Legislative 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-
(1) some person who voted or had a right to vote at the
election to which the petition relates;
(2) some person claiming to have had a right to be returned
at such election;
(3) some person alleging himself to have been a candidate at
such election.

74. (1) The following provisions shall apply with respect to
the presentation of an election petition-
(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
concerns an allegation of corrupt practices upon the
making of the return of election 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, chlirges and expenses that may beco n payable by
the petitioiner-
.. \^',1,', ,[S^2 ^**O--;/ "1 10 i **''''* '


Influencing of
electors to vote
for any
candidate.


Petitions
against
disputed
elections.


Presentation of
election
petition and
security for
costs.


No. 13..


1951.








Legislative Council (Elections).


(i) to any person summoned as a witness on his behalf, or
(ii) to the member whose election or return is complained
of, or to any other person named as a respondent in
the petition;
shall be given on behalf of the petitioner;
(c) the security shall be an amount not exceeding twelve
hundred dollars and shall be given by recognizance to be
entered into by any number of sureties not exceeding four
approved by the Registrar of the Supreme Court, or by
deposit of money in the Supreme Court, or partly in one
way and partly in the other.
(2) Rules, not inconsistent with provisions of the Order in
Council and this Ordinance, as to the deposit of security and the
practice and procedure for the service and hearing of election
petitions and matters incidental thereto, may be made by the
Chief Justice.


Trial of election
petitions.

Decision of
Judge final.







Power of Judge.

Summoning
witnesses.


'Io obligation
on voter to
disclose vote.

Conclusiveness
of list of
c3cctors.


75. Every election petition shall be tried before the Supreme
Court in the same manner as a suit commenced by a writ of
summons. At the conclusion of the trial, the Judge shall
determine whether the member of Council whose return or
election is complained of or any and what other person was duly
returned or elected, or whether the election was void, and shall
certify such determination to the Governor, and, upon such
certificate being given, such determination shall be final; and the
return shall be confirmed or altered, or a writ for a new election
shall be issued, as the case may require, in accordance with such
determination.

76. At the trial of an election petition the Judge shall,
subject to the provisions of this Ordinance or of any Proclamation
to be made by the Governor, have the same powers, jurisdiction
and authority, and witnesses shall be subpoenaed and sworn in the
same manner as nearly as circumstances will admit, as in a trial
of a civil action in the Supreme Court, and shall be subject to the
same penalties for perjury.

PART VIII.

MISCELLANEOUS PROVISIONS.

77. No person who has voted at an election shall, in any
legal proceedings to question the election or return, be required to
state for whom he voted.

78. At any election a person shall not be entitled to vote
unless his name is on the list of electors for the time being in
force by virtue of this Ordinance, and every person whose name is
on such list of electors shall, subject to the provisions of this


No. 13.






61


No. 13. Legislative Council (Elections). 1951.


Ordinance, be entitled to demand and receive a ballot paper and
to vote : Provided that nothing in this section shall entitle any
person to vote who is prohibited from voting by any Ordinance,
or relieve such person from any penalties to which he may be
liable for voting.

79. A candidate may himself undertake the duties which any Candidate may
agent of his if appointed might have undertaken, or may assist act in person.
his agent in the performance of such duties and may, subject to
the provisions of this Ordinance, be present at any place at which
his agent may, in pursuance of this Ordinance, attend except
when an open vote is being cast.

80. The name and address of the agent of a candidate Name and
appointed to attend the final counting of the votes shall address of
be transmitted to the returning officer one clear day at the agent.
least before the opening of the poll; and the returning officer may
refuse to admit to the place where the votes are counted any
agent whose name and address has not been so transmitted,
notwithstanding that his appointment may be otherwise valid.

81. Where in this Ordinance any expressions are used Absence of
requiring or authorising or inferring that any act or thing is to be agents.
done in the presence of the agents of the candidates, such
expressions shall be deemed to refer to the presence of such
agents of the candidates as may be authorised to attend, and as
have in fact attended, at the time and place where such act or
thing is being done, and the non-attendance of any agents or
agent at such time and place shall not, if such act or thing be
otherwise duly done, in anywise invalidate the act or thing done.

82. The Governor in Council may make rules generally Rules.
for giving effect to the provisions of this Ordinance and without
prejudice to such general power may make rules-
(a) prescribing the remuneration and travelling allowances to
be paid to election officers;
(b) prescribing the duties of the returning officers and the
procedure to be followed in the performance of those
duties;
(c) prescribing the symbols to be used on every ballot paper
and the mode of allocation of such symbols to candidates;
(d) adding to, rescinding, varying or amending any of the
forms or rules contained in the First or Second Schedules
to this Ordinance;
(e) prescribing the number of copies of the lists of electors to
be printed and the persons to whom and the terms upon
Which such lists shall be distributed;








Legislative Council (Eleptions).


Expenses of
Elections.


Computation of
time.


Refusal of
elector to take
oath or
affirmation or
answer
questions.
Interpreters.




Repeal.
Cap. 110.
No. 27 of 1943.
No. 16 of 1946.


(f) prpecribing, the period during which every employer shall
permit his, employees to be absent from Work'for, the
prpo e, of recordiig their votes;
(g) prescribng, the charges, for certified copies of. any
documiients referred to in this Ordinance;
(h) prescribing penalties for the breach of any of the
regulations, made hereunder.

83. All expenses properly incurred by, and all remuneration
and travelling allowances payable to, election officers shall be
defrayed outof general revenue.

84. (1) In reckoning time for the purposes of this Ordinance,
Sunday shall be included but. Christmas Day, Good Friday and
any public holiday,. shall be excluded.
(2) Where, anything required by this Ordinance or any rules
thereunder to e done on any day falls to be done on a Sunday or
on any such excluded day, that thing may be done on the iext
day, not being one of such excluded days.

85. (1) No elector who has refused to take any oath or
affirmation or to answer any question, as required by this
Ordinance, shall receive a ballot paper or be admitted to vote or
be again admitted to the polling station.
(2) Whenever the presiding officer does not understand the
language spoken by any elector, he shall appoint and swear an
interpreter who shall be the means of communication between
him and the elector with reference to all matters required to
enable such. elector to vote, and in case no interpreter is found,
such elector shall not be allowed to vote.

86. The Legislative Council (Elected Members) Ordinance
the Legislative Council (Elected Members) (Amendment)
Ordinance 1943, and the Legislative Council (Elected Members)
(Amendment) Ordinance 1946 are hereby repealed.


No. 13.


1951.









No. 13. LegiTlative Council (Eiectio's). 1951.


FIRST SCHEDULE.
FORM NO. 1.
Saint Vincent. ('Section 20)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
WRIT OF ELECTION.
By the Administrator.
Administrator.
To THE RETURNING OFFICER
OF THE ELECTOAL. DISTRICT OF
Whereas by subsection (1) of section 20 of the Legislative Council (Elections)
Ordinance, 1951, it is provided that for the purposes of every general election of
members of the Legislative Council, and for the purposes of the election of
members to 'supply vacancies caused by death, resignation, or otherwise, the
Governor 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
returned :
t And Whereas I think it expedient that writs should be issued for the election
of members to serve 'in the Legislative Council:
t And Whereas the seat of the Elected Member for the Electoral District of
.................... ................................ .......has become e vacant in consequence of
Now, therefore, I,
Administrator as aforesaid, do hereby require that, notice of the time and place
fixed for.the nomination of candidates having been first duly given as required by
law, you do on the day of at
in' the '4id Electoial District, a'use 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",thatif if feiessasy,Yo'6 do cause, a poll to be taken
on the day of 19 and that you do
cause the name of such member when'so elected to be certified to me not laitr
than the
Given under my Hand and the Seal of :the Colony
this day of

t To be included in a writ for a general election.
t To be included in'a'writ for a bye-election.

FORM NO. 2.
Wule' 1.)
THE LEGISLATIVE COUNCIL (ELECTIONS) 'ORDINANCE, 1951.

PRELIMINARY LIST OF ELECTORS.
'Ele to a D district of................................................................................... Polling D division N o. ... ..
Com prising the Area........................................................................................ ... ....... ......
.. ... .. ....... ...... . . .






'04


No. 13.


Legislative Council (Elections).


1951.


The following names have been enumerated during a recent house-to-house
enquiry in the above mentioned polling division by the enumerator.

Any notice of correction, or addition, or objection to this list must be sent to
the registration officer not later than the............................................................day of.........................................


On the last page of each separate copy of the list prepared, the enumerator
will endorse a certificate according to Form No. 8.


FORM NO. 3.

(Rule 3.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

APPOINTMENT OF AN ENUMERATOR.

T o ..... ................... ................................................................................ w h ose occupation is .............................................
a n d w h ose a d d ress is ..... .... ..........................................................................................................................................................
In pursuance of the provisions of section 13 of the Legislative Council
(Elections) Ordinance, 1951, I, the undersigned, in my capacity as Supervisor of
Elections do hereby appoint you to be enumerator for polling division No. .....................
in the electoral district of.................................................................... ...to prepare a list of electors
qualified to vote in the said polling division, in accordance with the provisions of
the said Ordinance.
G iven un der m y h an d at.................................................................................. th i ............................... .............

day of.--- .--.. .- ...1.............

Supervisor of Elections.
.. ... ..... .(Perforate)... ... .. .......................................................................................................
(Perforate)








No. 13. Legislative Council (Elections). 1951.


FORM NO. 4.
(Rule 6.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF AN ENUMERATOR.
I, th e u n d e r sig n e d .......................................................................................... .................................................................. ......
appointed enumerator for polling division No. ................................. in the electoral
district of............................................................. do solemnly swear that I will act faithfully
in my said capacity of enumerator, without partiality, fear, favour or affection,
and in every respect according to law.
SO HELP ME GOD.

Enumerator.
CERTIFICATE OF THE ENUMERATOR HAVING TAKEN TIE OATH OF OFFICE.
I, the undersigned, do hereby certify that on the...........................................................day of
.................................. ........................... the enumerator above named made and subscribed
before me the above set forth oath.
In testimony whereof I have issued this certificate under my hand.


I-.. Registration Officer.
(or as the case may be.)

FORM NO. 5.
(Rule 7.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

REGISTRATION NOTICE.
TAKE NOTICE that-
(a) the boundaries of polling division No. .................................... of the electoral district
of ......................................... ............................. a re as follow s :-- ........................... ........................................................

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

i(b) The enumeration of all qualified persons will begin on the........................
day of........................................................... 19.................. n d w ill b e com pleted on th e.................. .......................
d ay of................................... ......... ....19...........
(c) The enumerator for the above polling division is............................. ......

(d) Every person not disqualified on any of the grounds set out in the next
paragraph of this notice is qualified to be registered as an elector in any one
electoral district if he or she-








No. 13. Legislative Council (Elections). 1951.


(i) is a British subject of the age of twenty-one years or upwards; and
(ii) has resided in the Colony for a period of at least twelve months
immediately before the date of registration or is domiciled in the Colony
and is resident therein at that date.
(e) No person shall be entitled to be registered as an elector in any electoral
district who-
(i) has been sentenced by a. Court in any of His Majesty's dominions to
death or to imprisonment (by whatever name called) for a term
exceeding twelve months, and has not either suffered the punishment
to which he was sentenced or such other punishment as may by
competent authority have been substituted therefore or received a free
pardon; or
(ii) is a person adjudged to be of unsound mind or detained as a criminal
lunatic under any law in force in the Colony; or
(iii) is disqualified for registration as an elector by any law in force in the
Colony relating to offences connected with elections.
(f) the preliminary list of qualified persons for the above polling division will
be posted up in this polling division for a period of twenty days beginning on the
...............................................d a y o f ............................................................ 1 9 ..................
da............................................................of......................................................................19.


Registration Officer.
D a te .................................................. ......................



FORM NO. 6.

(Rule 8.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

INDEX BOOK.

E lec to r l D district c f ...........................................................................................................................................................

P o llin g D iv isio n N o ....................................................................................................................................................................................
(Insert name of polling division, if any)


Comprising


(insert the description of the boundaries of the polling division.)


............................................................................................................... .............................................................................................................................. .
.......................................................................................................... ...................................................... ...,............... .o, ...........,,., ........... I ..........I............ ,,, ...o








Legislative Council (Elections). 1951.


No. 13.


FORM NO. 7.
(Rule 12.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

CERTIFICATE OF ENUMERATOR.


Enumerator for Polling Division No. .................................. of the Electoral District of
..........................................................................certify that the above is a true copy of the
preliminary list for the said Polling Division.

D a te d th is ............................................................ cla y of ............................................................19..................
..............Dated this..................................................................... .............

Enumerator.

FORM NO. 8.
(Rule 16.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OA TH OF ENUMERATOR UPON COMPLETION OF HIS WORK.
I, the undersigned enumerator appointed to prepare the preliminary list of
electors for polling division No. ................................... of the electoral district of....................................
............................... do solemnly swear that it contains as complete and as correct a
list of the qualified electors as I have been able to prepare foi the above mentioned
polling division, and that I have performed all my duties according to all
instructions, rules and regulations.
SO HELP ME GOD.
Sw orn before m e at ........ .................. ....................................
th is........................ .............................. day of......... . ..................
19.* .............


...R...e.... gistr n ............. .
Registration Offider E r


Enumerator.







68


No. 13.


Legislative Council (Elections).


1951.


FORM NO. 9.

(Rule 19)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF CLAIM.

To the registration officer for the electoral district of....................................................................................


TAKE NOTICE that I,

of ........................ ................,


.................... ................... .. ... .............................................................................................................
(Name of claimant)

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


(Occupation)
am qualified for inclusion in the preliminary list for polling division No. ......................
of th e above 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) :
(Strike out bracketed words not applicable)


(Signature of Claimant.)


(Witness.)

Note :-This form need not be witnessed unless the claimant instead of signing
makes his mark.
(Other Side.)

(Form No. 9.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

To the Registration officer of the Electoral District of ............................... .................

.(Address of Registration Officer.)
(Address of Registration Officer.)






69
No. 13. Legislative Couneil (Elections). 1951.


FORM NO. 10.

i :(Rules 20, 21.)
hUFE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE or OBJECTION.
To the registration officer for the electoral district of

TAK E NOTICE that I.. ............................................................... .............. ..
TAKE NOTICE that I,
(Name of objector)
................ ............... ,, ................ ................................................ ..... .. ............... .............
(occupation.)
of .................................................................................................... .. . .
(Postal address of objector.)
am qualified for inclusion in the list of electors for polling division No. .................
of the above electoral district and am so included :
And that I object to the inclusion therein of ................................... ......................
................................ . ....................................................................... ........... .................... ..... .................... ..... ... ........... .
................................................................................................................. ............................ ........... ... .. .............. ......... ...........

(Enter name, occupation and address of person objected to)
on the ground that such person is disqualified for inclusion therein by reason of




.. .. . .. -- .. -.. .. ......
Witness Signatre.

Note.-This form need not be witnessed unless the objector instead of algning
makes his mark.
(To be printed on back of Form.)
(Form No. 10.)

NoTua or Oamonow.

To the Registration Officer for the Electoral District of

............................. ..... at .~

(Address of Registration Officer.)
(This card is to be sent by registered post or left at the Registration OBof r's
Oat(J







570

No. 13. Legislative Council (Elections). 1951.


FORM NO. 10.

(Rules 20, 21.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF OBJECTION.

To the registration officer for the electoral district of ..................................... ........................

TAK E N O TICE that I .................. ........ ......................................... ... ...................... .................. ........... ..... ..............
(Name of objector.)

(occupation.)
o f ........... ... .................................................................. ......................... .......................... ........................................... .......................
(Postal address of objector.)
am qualified for inclusion in the list of electors for polling division No .........................
of the above electoral district, and am so included :
And that I object to the inclusion therein of ..................................................... .........................................



(Enter name, occupation and address of person objected to.)
on the ground that such person is disqualified for inclusion therein by reason of





..... .. . ....... .......... ..... . .
Witness. Signature.

Note :-This form need not be witnessed unless the objector instead of signing
makes his mark.
(To be printed on back of FormJ

(Form No. 10.j

NOTICE o OBJECTIoN.

(This is to be sent to persons objected to)


(Name and address of persons objected to)
(Ths card i to be sent by registered post.








Legislative Council (Elections).


FORM, NO. 11.
(Rule 18.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

REVISION NOTICE.
TAKE NOTICE that-
(a) the boundaries of polling division. No. .................................... of the electoral district
o f .................................................................................................................................................................................... a r e a s fo llo w s :-
of .. ......................................... ............. are as follows :-





(b) the preliminary list of qualified persons for the above polling division will
b e rev ised o n th e............................................................d a y o f............................................................a t............... .......................
at .......................................... o'clock .
(c) any qualified person whose name, address or occupation has been omitted
from or incorrectly stated in the preliminary list may give notice in writing in the
form set out as Form No. 9, in the First Schedule to the aforesaid Ordinance-to the
re g istra tio n o ffic er a t.................................................................................................................................................................................

claiming that his name, address or occupation be inserted in the list or that the
entry relating thereto be corrected, as the case may be;
(d) any qualified person whose name appears in more than one preliminary
list is hereby required to give notice in writing in the form set out as Form No. 12,
in the First Schedule to the said Ordinance to the registration officer at ......................

(I) electing for which polling division he desires to be registered; and
(II) specifying the other polling divisions in the preliminary lists for which
his name appears; and
(III) requiring the registration officer to cause his name to be deleted from
such other preliminary lists;
(e) any qualified person whose name appears in the preliminary list may give
notice in writing in the form set out as Form No. 10 in the First Schedule to the
said Ordinance to the registration officer at..........................................................................objecting
to the inclusion in the list of any other person on the ground that that other
person is not a qualified person.
(f) the last day for giving the notices referred to in paragraphs (c), (d), or
(C ) w ill b e th e................... . ............................. d ay of ............................................................19..................
(g) copies of the forms mentioned above may be obtained at any post office
or registration officer's office.

Registration O er........................er
Registration Officer


Date ...............................,.


1951.


No. :13.


1*- .r l I . ..








No. 13. Legislative Council (Elections). 1951.


FORM NO. 12.
(Rule 24.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF RESIDENCE.
T A K E N O T IC E th at I- ........................................ ................................................................ ................ . ..... ....
(Name.)

of ..... ........ ...................
(Address.) (Occupation.)
whose name appears on two preliminary lists, namely :-
For polling division No. .................................... of the electoral district of ................................................
and for polling division No. .................................... of the electoral district of ........................................
do hereby elect to be registered for polling division No .................................... of the electoral
d istric t o f ................................................................ ............................
D a ted a t............................................................ th is........................................................... d a y o f...................... . ......... ...........
19 ..................

Signature of Elector.
(Reverse side of Form.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF RESIDENCE.

To the registration officer for the electoral district of .................................. .............
at....................................



FORM NO. 13.
(Rule 25)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE TO PERSONS OBJECTED TO.

TAKE NOTICE that I have received objections to the inclusion of your name,
address and occupation in the proposed list of electors for polling division No.
................................... of the electoral district of................................... .............................. and that the
revision of the said list will take i]lace on the............y of................................................................
19..................betw een th e h ours of ....................................... an d ......................................
AND FURTHER TAKE NOTICE that unless you appear before me and show
cause why your name (should not be deleted from) (should be included in) the


72 "








78

No. 13. Legislative Council (Elections). 1951.


list of electors, your name (may be deleted therefrom) (may not be included
therein).


Registration Officer.

D a te........................... ................ ...........................
(Reverse side of Form.)


(FORM NO. 13.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

To BE SENT TO ALL PERSONS OBJECTED TO.




(Name and address.)




FORM NO. 14'.
(Rule 25.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF HEARING OF OBJECTION.

TAKE NOTICE that the objection you have made to the inclusion of the narie



a n d w h o se o ccu p a tio n is ...................................................................................................................................................................
in the list of electors for the polling division N. ..................................... of the Electoral
D district of .................................................................................... w ill be heard at.. . .. ...............................
on .............................................. ...................................... b etw een th e h ou rs of.......................................... a n d ........................
........................and further TAKE NOTICE that unless you appear before me to
substantiate the reason for your objection the matter may be determined in your
absence.
D ated this .............. ... . ........ .- day of ............................. ......... ..... ........


(Registration Officer.)










No. 13. Legislative Council (Elections). 1951.


FORM NO. 15.
(Rule 26)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

LIST OF CLAIMS.
TAKE NOTICE that the persons (hereinafter referred to as claimants) whose
names, addresses and occupations are set out in Part 1 of the Schedule to this
notice have claimed in accordance with the provisions of the aforesaid Ordinance
that the preliminary list of qualified persons resident in polling division
N o .............................................. of th e electoral district of ................................... .....................................
should be amended by the insertion therein of their names, addresses
and occupations as set out in Part I of the Schedule to this notice,
and that the persons whose names, addresses and occupations are set out in
Part II of the Schedule. to this notice have claimed in accordance with the
provisions of the said Ordinance that the entries in the preliminary list of
qualified persons resident in polling division No .................................. of the electoral
district of .............................................. .............................. relating to their nam es, addresses or
occupations, as the case may be should be amended to conform with the names,
addresses and occupations as set out in Part II of the Schedule to this notice :
AND FURTHER TAKE NOTICE that any qualified person who objects to the
inclusion of the name of any claimant in the preliminary list upon the ground
that such claimant is not qualified for inclusion therein may send in an objection
to such in clusion n ot later th an th e............................................................day of.......................................................
a n d a tten d a t..................................................... ............................on th e.................................................. d ay o f..................
at...................................a.m. and then and there show cause why the name of such claimant
should not be included in the list.

SCHEDULE.
PART I.

Name. Postal Address. Occupation.




PART II.

Name. Postal Address. Occupation.


Registration Offcer.








No. 13. Legislative Council (Elections). 1951.


FORM NO. 16.
(Rule 27.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

LIST O EJECTIONS.

TAKE NOTICE that the persons whose names, addresses and occupations are
specified in the first column of the Schedule to this notice have objected to the
inclusion in the list of electors for polling division No. .................................... of the electoral
district of ............................................. ................................... of persons whose nam es, addresses and
occupations are specified in the second column of the Schedule to this notice upon
the grounds specified in the third column of the Schedule to this notice :
AND FURTHER TAKE NOTICE that unless any person specified in the
second column of the Schedule to this notice attends at the place and time
specified for the revision of the list and shows cause why his name should not be
deleted therefrom his name may be so deleted.

SCHEDULE.
First Column Second Column Third Column.


Registration Officer.
Date ............................



FORM NO. 17.
(Rule 30.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF INSERTION OR CORRECTION.

TAKE NOTICE that your claim for insertion (or relating to correction of
particulars) in the list of electors for polling division No. .................................... in the
electoral district of ................................... .................................. has been granted/w ill be
c on sid ered b y m e a t .............................. ........................................... on ...................................... ....................................
betw een th e h ours of .......................................... an d .........................................
AND FURTHER TAKE NOTICE that unless you appear before me and show
cause why your claim should be allowed the matter may be determined in your
absence.
D a ted th is ... ................. .............................;...... d ay of .................... ........... ................. 19


Registration Officer.








No. 13. Legislative Council (Elections). 1951.


FORM NO. 18.
(Rule 32.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

NOTICE OF INTENTION TO MAKE CORRECTIONfS OR INSERTIONS.

TAKE NOTICE that I intend to make corrections in your registration in the
ilst of electors for polling division No. .................................. of the electoral district of

h e correction s a r a s follow s : ........................................................................................................................................



If you object to the above corrections being made your objections will be
h ea rd b y m e a t ............................... ....................................... on ................................................................. ...........
betw een the hours of .......................................... an ........................................




AND FURTHER TAKE NOTICE that unless you appear before me for your
objection to be heard the aforesaid corrections will be made.
D a te d a t ................................................................................. th is ............................................................ d ay o f ...................
19

Registration Officer.



FORM NO. 19.
(Rule 84.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

CERTIFICATE OF REGISTRATION OFFICER.

I .............................................................................................................................................................................. R e g istr a tio n
Officer for the Electoral District of ............................................................... ........... certify that the
above is a true copy of the finally revised list for the said Electoral District.
D a ted th is ............................................................o. d a y of ........................................ ............. 19


Registration Officer.








Legislative Council (Elections).


FORM NO. 20.


(Section 14)


THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

OATH OF RETURNING OFFICER.

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


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 Legislative Council (Elections) Ordinance,
1951, and of any rules made thereunder to the best of my ability.


Returning Officer.


Sworn before me,


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


Magistrate or Justice of the Peace
(as the case may be.)


FORM NO. 21.


(Section 15.)


THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

APPOINTMENT AND OATH OF AN ELECTION CLERK.

Appointment.


T o .............................
occupation is


.......................................... w h ose
and whose address is


TAKE NOTICE that I hereby appoint you to be election clerk for the electoral
d district o f ..................................................... ......................
G iven u n der m y 'h an d at ........................................ ....................................... th is ..................................................
d ay .......................................................... in th e y ear 19..................


Supervisor of Elections.


Oath of Election Clerk.


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


No. 13.


1951.







No. 13. Legislative Council (Elections). 1951.


I, ................................. ........................... .............................................. ...................................................... .............. th e
undersigned, having been appointed election clerk for the electoral district of
................................................ .......................... do swear that I will act faithfully in the capacity of
election clerk and also of that of returning officer, if required to act as such in
accordance with the provisions of the Legislative Council (Elections) Ordinance,
1951, and of any rules made thereunder, without partiality, fear, favour, er
affection to the best of my ability.


Election Cleric.
S w orn b before m e th is ............................................................ aay of ........................................................... 19...............


Justice of the Peace
(or as the case may be.)




FORM NO. 22.
(Section 17.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

OATH OF A PRESIDING OFFICER.

I ,. ..... .......................................................... .............................. ..................... ........................................................... th e
undersigned, appointed presiding officer for polling station No .................................... of the
electoral district of ............................................................................... swear that I will act faithfully in
my said capacity cf Presiding Officer, according to law, without partiality, fear,
favour or affection, and that I will keep secret the names of the candidates for
whom any of the voters in the above-mentioned polling station marks his ballot
paper in my presence at this election.

SO HELP ME GOD.


Sp Presiding Officer.

S w orn b before m e at .................................... ................. ............. .......... th is ........................................................... d ay
o f ................................... .......... ....... 19....... ...


Returning Officer.
(or as the case may be.)









Legislative Council (Elections).


FORM NO. 23.
(Section 18.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF A POLL CLERK.
I, .............................................................................................. ..... ....................................................................... ................ .. ... . th e
undersigned, appointed as Poll Clerk for polling station No. ............................ of 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, according to law, without partiality, fear, favour or affection, and that I will
keep secret the names of the candidates for whom any voter in the above-
mentioned polling station marks his ballot paper in my presence at this election.
SO HELP ME GOD.

Poll Clerk.

Sw orn before m e at ............................... ....................................... ... this .......... ........................... da
o f ............................................................ 1 9 ..................

Presiding Officer.
(or as the case may be.)

FORM NO. 24.
(Section 21.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
NOTICE OF ELECTION OF A MEMBER OF THE ELECTORAL DISTRICT OF

His Honour the Administrator having issued his writ for the Election et a
member of the Legislative Council for the electoral district of.......
the Returning Officer of the said district will on the ........................... ... day of
.................................................... 19 now next ensuing between the hours of 9 a.m. and
noon at ............................................................................ ..... proceed to the nomination, and if there is no
opposition, to the election of a member for the electoral district of
Forms of nomination papers may be obtained at the office of
........... ........... ....... .............. at ....................................... ......... ........ ..... betw een th e h ours of
and .................................... daily except on Wednesday when the office is closed at
p.m. (Sunday also excepted).
Every nomination paper must be signed by any six or more electors qualified
to vote in the electoral district of ........................................................... .. and be handed to
the Returning Officer between the said hours of 9 a.m. and noon.
rr-No nomination paper shall be valid or acted upon by the Returning Oficer
unless it is accompanied by-
(a) the consent in writing of the person therein nominated, and


No. 13.


1951.









Legislative Council (Elections).


(b) a deposit of one hundred and.twenty dollars in cash.
Inuthe event of election being contested the poll will take place between the
h ours of 7 a.m .. an d 5 p .m on .................................................................................... ......... ......... ....... ...... ...
and the counting of votes will tak place thereafter at ......................................................................
on ............................................................... ....................................................................... a t th e h ou r of ......................................
and at such places as may hereafter be appointed.
The office of the Returning Officer for the electoral district of ...................................
.................. ............. ... is situ a te a t ..................................................................................


Returning Oficer for the district of


Date---------

FORM NO. 25.
(Section 23.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
NOMINA-TION PAPER.
We, the undersigned electors for the electoral district of .......................................................
do hereby nomr iate the following person as a proper person to serve as member
of the Legislative Council 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 under the conditions prescribed,by Clause ........................
of His M ajesty's Order in Council dated the ....................................................... day of ...... .......
19th

Surname.- Other : Names Address Occupation


Signature.


.. .......... ---


No. 13.









No. 13. Legislative Council (Elections). 1951.


I .................................... ........................................................................... ............................... .................................... n o m in a te d
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 ........................................ and name as my address for serving of
process and papers under the Legislative Council (Elections) Ordinance, 1951 :-
A d d r e s s ......................................................................................................................................................................................................
W itn ess m y h an d th is ............................................................ d ay of ........................................ .... ......... 19...............
Signed by the said nominee in the
presexoe of

Signature of Witness. Signature of Candidate




FORM NO. 26.

(Section 23.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE FOR ELECTION AS A
MEMBER OF THE LEGISLATIVE COUNCIL.

Q u a lific a tio n o f ...................................................................................................................................................................................
o f .......................................................................................................................................................................................................................................
in th e ................................................ of ......................................... .... .......................... n om in ated as a can didate
for election as a member of the Legislative Council for the electoral district of


I, ......................................................... ...................of
............................................... ............... . in th e ............................................... o f ............................................... .....................
do solemnly and sincerely declare as follows :-
That I am duly qualified to be elected a member of the Legislative Council for
this electoral district.
I make this declaration conscientiously believing the same to be true and
according to the Oaths Abolition Act, Chapter 25, and I am aware that if there
is any statement in this declaration which is false in fact which I know or bVlleve
to be false or do not believe to be true, I am liable to fine and imprisonment.

(Sign ed ) ........................... .............. ......................................
D declared before m e this ............................................................ day of..... ....... ....... ..........................


(Signed)


. .. ................11111 ....................... I. .......


I I I I I I .






82 -

No. 13. Legislative Council (Elections). 1951.


FORM NO. 26A.
(Section 23.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
STATUTORY DECLARATION OF AGENT OF A PERSON NOMINATED AS A CANDIDATE FOR
ELECTION AS A MEMBER OF THE LEGISLATIVE COUNCIL.
Q u alifica tion of ................. . ................................ ...................... ...................................................................................... ..
of ........................................................................................................................
in th e ................................................ of .................................................................................. n om in ated as a can didate
for election as a member of the Legislative Council for the electoral district of

I.......................................... ...........................................................of

in th e ................................................ of .................................................................................... do solem n ly an d sin cerely
declare as follows :-
T h a t ............................................. ................................................................................................................................................... is
duly qualified to be elected a member of the Legislative Council for this electoral
district.
I make this declaration conscientiously believing the same to be true and
according to the Oaths Abolition Act, Chapter 25, and I am aware that if there
is any statement in this declaration which is false in fact which I know or believe
to be false or do not believe: to be true, I am liable to fine and imprisonment.
(S ig n e d ) ..................................................................... ...........................
Agent for
D declared before m e this ................................................... day of ...................................... ...............19..........
(S ig n e d ) .........................................................................................................

FORM NO. 27.
(Section 25.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
RETURN OF UNCONTESTED ELECTION.
I hereby certify that the member elected for the electoral district of ........................
in pursuan ce of th e w ith in W rit is ............................................... ............................................ ...................
........ .. ........................... ............
(Insert name, address and occupation of member elected.)
.............................. ............... I .................. ... . ............................... .................... ...... ,..,,. .... .........................
(as stated on the nomination paper)
no other candidate having been nominated.
D a ted a t .................................................................................... th is ............... ................................ ..d ay o f .....................
19 ........... ..... .. ;

Returning Officer.









No. 13. Legislative Cozuncil (Elections). 1951.


FORM NO. 28. (Section 26.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
NOTICE OF GRANT OF POLL.
T h e E electoral D district of ...................................................................................................................................................................
Notice is hereby given to the electors of the electoral district aforesaid that a
Poll has been granted for the election now pending for the said electoral district
and that such Poll w ill be opened on the ............................................................ day of .................................
19.................. at the hour of seven in the forenoon and kept open till the hour of five in
the afternoon in the following Stations established in the various Polling Divisions
comprised in the said electoral district :
P o llin g S ta tio n s : ............................................................................................................................................................................

...........I..................................................................................................................................................................
Polling Stations :.. ............... ...................




Anda that the prospective candidates in the above electoral district are as follows :
Candidates :.. ................................




The final counting of the votes will take place on the.....................................................day of
..................................................at.......................................................................at th e h our of eight t o'clock in th e
forenoon :
of which all persons are hereby required to take notice and govern themselves
accordingly.
G iven u n der m y h an d at .................................................... .................... th is ....................................................
d a y o f ............................. ............................ 19 ..................

Returning Officcr

FORM NO. 29. (Section 28.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
RETURN WHERE CANDIDATES WITHDRAW OR DIE.
I hereby certify that the member elected for the electoral district of .....................
........................... .............. in pursuance of the w within W rit is .... ................................................................


(Insert name, address and occupation of member elected.)

(as stated on the nomination paper.)
-the other or all other candidates.having withdrawn or died.
:D a ted a t ................................... ..... ............................. th is .................................................. d ay of .....................
19..................

Returning Oficer'
To the Supervisor of Elections.









No. 13. Legislative Council (Elections). 1951.


FORM NO. 30.
(Section 29.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

BALLOT PAPER.

No. 6700 GENERAL ELECTION..............................
N o. 6700 ...................................................................... Electoral D district.
Voter's Num ber on Roll .........................................

Space for initials
Polling D ay ......................................... f P.O .

-Do not fold beyond this line


1. BABULAH, Conrad D.
Chancery Lane, /
Engineer.


2. OCEAN, Francis
Hayes Street,
Merchant.


3. RONSON, Emmanuel
Marli Street,
Insurance Broker.


FORM NO. 31.

(Section 31.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

DIRECTION TO ELECTORS.
Each elector may vote only at one polling station and for only one Candidate.
The elector will go into one of the compartments and with a black lead pein'il
there provided place a cross within the space containing the name of the
c ndidatc for whom he votes, thus X.
The elector hall then fold the ballot paper so that the initials of the presiding
ofIcer 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









No. 13. Legislative Council (Elections). 1951.


so folded to the Presiding Officer who shall in full view of those present, including
the elector, remove the counterfoil, and place the ballot paper in the ballot box.
The elector shall then forthwith quit the polling station.
If an elector inadvertently spoils a ballot paper he may return it to the
Presiding Officer who on being satisfied of the fact will give him another.
If an elector votes for more than one candidate or places any mark on the
ballot paper by which he can afterwards be identified his vote will be void and will
not be counted.
In the following form of ballot paper given for illustration the candidates are
Conrad D. Babulah, Francis Ocean and Emmanuel Ronson, and the elector has
marked his ballot paper in favour of Francis Ocean.

GENERAL ELECTION............................

2655 ............ .......................................................... Electoral D district.
Voter's Num ber on Roll..........................................



Polling Day Space for initials
P ollin g D ay ............................................................... of P .O .



-Do not fold beyond this line


1. BABULAH, Conrad D.
Chancery Lane,
Engineer.


2. OCEAN, Francis
Hayes Street, X
Merchant. ..


3. RONSON, Emmanuel
Marli Street,
Insurance Broker.
-\- ~










FORM No. 32.

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

POLL BOOK.


(Section 38).


Particulars of Elector.


Form 1
Consecu- numbers (a) (b)
tive num- of Oaths Record Record
ber of if any that that
Elector lectoris Oath Elector
on list of required sworn or has
Electors. to swear. refused. voted.


Particulars of persons apply
ing for Ballot Papers after
another person has voted as
such person.


Name.


Consecu-
tive num-
ber of
Elector
on list of
Electors


Record
that
Oath
sworn.


Consecu-
tive num-
ber given
each
Elector
as he
applies
for
Ballot.


Name of
Elector.


Occupa-
tion.


Postal
address.


Object-
ions if
any made
on behalf
of any
Candi-
dates.


Remarks.


'1-
(b







0
c:f

C6





I-.

n
0t









ra
;c,
S'


(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".


_ ~I_ ----I~-PI~IIIY








No. 13. Legislative Council (Elections). 1951.


FORM. NO. 33.
(Sectiens, 41, 46, 48.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
APPOINTMENT OF AGENT.
I, .................................................... nominated
to serve as a member of the Legislative Council for the electoral district of
........... ............... ... do hereby appoint ..... .... ........................ .. ......... ..... .........
whose address is ........................................ .............................................................---
and w hose occupation is .............................................. ...................................................................... as m y agent
t for the purposes of the proceedings at Polling Station No. ................... ...............................
$ to attend.the.final, count of votes bythe returning officer.


Candidate...
t For agent at polling station.
t For agent at final count.


FORM NO. 34.
(Section 44.)

TE. LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

OATH OF IDENTITY OF AN ELECTOR RECEIVING A BALLOT PAPER AFTER ANOTHER HAS
VOTED IN HIS NAME.
Y ou sw ear th at. you are ................................................................... .. .........................
(Name as on list of electors.)
f ............................... ............................................
(Address as on list of electors.)
whose name is entered on the list of electors now shown you.

SO HELP YOU.GOD.


FORM NO. 35.
(Section 44.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF INCAPACITATED ELECTOR.

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






88

No. 13. Legislative Council (Elections). 1951.


FORM NO. 36.
(Section 44.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF BLIND ELECTOR.
You ............................................................ swear that you are incapable
....swear that you are incapable
of voting without assistance by reason of your inability to see.

SO HELP YOU GOD.

FORM NO. 37.
(Section 44.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF FRIEND OF BLIND ELCTOR.
You swear
1. That you will keep secret the name of the candidate for whom you mark
the ballot paper of the blind elector on whose behalf you act.
2. That you have not already acted as the friend of a blind elector for the
purpose of marking his ballot paper at this election.
SO HELP YOU GOD.

FORM NO. 38.
(Section 45.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH THAT THE ELECTOR IS THE PERSON INTENDED TO BE REFERRED TO IN THE LIST OF
ELECTORS.
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 Electors used at this Polling Station, of the name ..............................
......... ........................................... .............. w hose occupation is given as .......................................
and whose address is given as ................................................................. ..................... ...........
SO HELP YOU GOD.

FORM NO. 39.
(Section 45.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
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 registration as an elector.







89

No. 13, Legislative Council (Elections). 1951.


3, That you are, domiciled in the Colony and were resident in the Colony at
the date of your registration as an elector.
4. That you are not within any of the classes of persons who lac'
qualification or are disqualified by reason of crime or mental incapacity.
5. That y.ou are not disqualified by. any law in force in the Colony relating to
offences c:,:l*.i .'' .Ii elections.
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. 40.
(Section 46.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF AGENT OF A CANDIDATE.
I ,. ........................................................................................................................................................................................... ..................... t h e
u n d ersign ed a g en t for .... . ..... ... ... ........................................................................................................................................................
undersigned, agent for...
one of the candidates at the election of a member of the Logaslative Council held
on this day in the electoral district of ............................................................................ o nswear that
I will keep secret the names of the candidates for whom any elector voting at this
polling station marks his ballot paper in my presence at this election.
SO HELP ME GOD.

Signature of Agent.
S w orn b before m e a t ....................................... ........................................ th is ............................................................ d ay
o f ........................................................ .. ............ .

Returning Officer for the electoral
district of

or
MIuaistalc or Justice of the Peace
or
Presiding Officer for polling division
N o ........................................... of the electoral
d is tric t o f .............................................. ...................

FORM NO. 41.
(Section 47.)
TIE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1931.
OATH OF PRESIDING OFFICER AFTER CLOSIKG OF THE POLL.
I .............. . . .................. ...................... ................ ................................................. ........................................................... .......................... t h e
Undersigned, presiding officer for polling station To. .................................. of elcorl
district of....... ............. ............... do swiear that to tie I'-best1 of rm klnow,'lege
and belief this Pol fibok kept for the said polling station under my direction has
been so kept' correctly' aid that the total number of votes recorded therein is












.......................................... and that it contains a true and exact record of the votes given at
the said polling station as the said votes were taken threat; that I have faithfully
performed all duties required of me by law.


Presiding Ofieer.


Sworn before me at


th is ........................... ..............................d ay


o f .......................................................... 19..................


Pell Clerk.
(or as the case may be.)


a FORM NO. 42.


(Section 47.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

OATH OF THE POLL OLERK AFTER CLOSING TH'E POLL.

I ........... ................. ............. ...... .............................................. the
undersigned, Poll Clerk for polling station No. .................................... of the electoral district
of ......................................................... ............... do swear that this Poll Book for the said polling
station k ept un der th e direction of ......................................................................................... ...................................
who has acted as presiding officer threat has been so kept by me under his
direction as aforesaid correctly and to the best of my skill and judgment; that the
total number of votes recorded therein is ........................................ and that to the best of
my knowledge and belief it contains a true and exact record of the votes given
at the above-mentioned polling station as the said votes were taken threat by the
said presiding officer and that I have faithfully performed all other duties as Poll
Clerk according to Law.


Poll Clerk.


Sw orn before m e at ... ........................... ................................ th is ............................................................ day

of ......................................... ... .................


Presiding Oficer.
(or as the case may be.)


I........................I ..............................................


Legislative Council (Elections).


1951.


No. 13.






: 91 ;

No. 13. Legislative Council (Elections). 1951.


FORM NO. 43.
(Section 47V

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

STATEMENT OF THE POLL AFTER COUNTING THE BALLOTS.

Electoral D district of .......................................................... ............... Polling Station N o. ........................

Number of ballot papers Deceived from ............................................
the returning officer ........................................
umber of ballot papers cast for ......................................................................
d o d o d o ................. .............................................................
d o d o d o .............. ..........................................................
d o d o d o ................. ................................................................
d o d o d o ......... ... ...........................................................
d o d o d o .............. .............................................................
d o d o d o .................. .........................................................
Number of Rejected ballot papers ............................. .....................


Total number of ballot papers found in
b o x ........................................................................................... ............................................................
Number of unused ballot papers unde-
tached from the books ................................... .. ... .. .....................
Number of t Spoiled Ballot papers ............. .............. ..............

T otal .............................. ..... ...................

A Rejected ballot paper means a ballot paper which has been handed by the
presiding officer to an elector 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 it
cannot be counted.
t A 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 an elector to cast his vote, and (a) has been spoiled in marking by the
elector, and (b) has been handed back to the presiding officer and exchanged
for another.
Number of names on official list of electors used at the poll .................................................................

I hereby certify that the above statement is correct.
D a te d a t ...................................... ......................................... th is ............................................................ d a y o f .................. ...
19..................

Presiding Officer.









No. 13. Legislative Council (Elections). 1951.


FORM NO. 44.
(Section 47.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
OATH OF MESSENGER SENT TO COLLECT BALLOT BOXES.
I, ............................................................................................ ................................................................. ............... m esse n g er
a p p o in te d b y ............................................................................................................... . ........................................... ..................... ........
returning officer for the electoral district of .............................................................................. do swear
that the several boxes to the number of ......................................................... which were used at
p ollin g sta tion s N os. ................................................................ ......................................................................................................
of this electoral district on polling day now delivered by me to .....................................................
................................ ......................... w ere h a n d ed to m e b y ................ ............................................ .............. ..............
that they have not been opened by me or any other person 'hd that they are in
the same state as they were in when they came into my possession.

........... ................................ ................ ........ .
Signature.
S w orn b before m e a t .............................................. .......................... th is ............................................................d a y
o f .............................. .... ..... ... 1 9..................

Returning Officer.
(or as the case may be.)



FORM NO. 45.

(Section 52.)
THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.
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
th e m majority of votes law fully given is .......................................................................................................................
........................................................................................................................................................................................................................................
(name, address and occupation as stated in nomination paper.)
D a te d a t .................................. ........................................ th is .......................................................... d a y o f.....................
19 .................. .


Returning Officer.








Legislative Council (Elections).


FORM.NO. 46.

(Section 8.)

THE LEGISLATIVE COUNCIL (ELECTIONS) ORDINANCE, 1951.

OATH OF REGISTRATION OFFICER.
I, ......................................... .................. ............................... ............ . ...... . . ........................................................... d o
swear that I will faithfully perform all the duties of registration officer of the
electoral district of ............................................................................... in accordance with the provisions
of the Legislative 'Council (Elections) Ordinance, 1951, and of any rules
made thereunder to the best of my ability.
..................... ..............I...........


Sworn before me


Registration Officer.


Magistrate or Justice of the Peace
(or as the case may be.)
Date.................................__ _


SECOND SCHEDULE.
*REGISTRATION RULES.


(Section 9.)


1. The names 'in each list of electors shall be arranged in
alphabetical order according to Form 'No. 2 in the First Schedule,
as determined by the Supervisor of 'Elections, or according to such
other form as may be prescribed, and shall be numbered
consecutively beginning with the number one.
2. The registration officer shall, commencing on such day
(hereinafter called "'the appointed day") as the Governor by
Proclamation may appoint in respect of an electoral district
cause to be prepared in and for such electoral district, and
pursuant to the provisions of this ;Ordinance, preliminary lists of
all persons who are qualified as electors in the polling divisions
comprised therein.
3. The Supervisor of Elections shall by writing in the form
set-out as Form No. 3, in the First Schedule appoint a person to be
enumerator for each polling division in the electoral district.
4. Each enumerator shall be qualified as an elector in the
*electoral district, and shall preferably be a resident in the polling
division for which he has been appointed.
5. The Supervisor of Elections may at any time replace any
enumerator appointed by him by appointing another enumerator
to act in the place and stead of the person already appointed, and
any enumerator so replaced shall, upon request in writing signed
by the Supervisor of Elections, deliver or give up to the proen


Form of list of
electors.



Commencement
of enumeration.





Appointment of
enumerators.

Qualification
of enumerator.

Removal by
-Supervisor of
Elections.


No. 13.


1951.








Legislative Council (Elections).


Oath of office of
enumerator.


Registration
Notice.





House to House
enquiry.











Complete
enumeration.





Penalty.






Enumeration.


appointed in his place or to any other authorised person, any
instructions, index books or other papers and any information
which he has obtained for the purpose of the performance of his
duties.
6. Every enumerator shall forthwith on his appointment take
an oath, as such, in the form set out as Form No. 4, in the First
Schedule, detach it from the form of appointment and send it to
the Supervisor of Elections through the Registration Officer.
7. The enumerator shall, immediately after his appointment,
affix on two public buildings in his polling division, or if there are
no public buildings in the polling division, on two other buildings,
having first obtained permission from the occupants, a copy of a
registration notice in the form set out as Form No. 5 in the First
Schedule.

8. Each enumerator after taking his oath, as such, shall
on the appointed day proceed to ascertain the name,
address and occupation of every person qualified to vote
for the election of a member of the Legislative Council
in the polling division for which he has been appointed,
obtaining the information he may require by a house to
house enquiry. The names, addresses and occupations of all
electors who are included in the enumeration in such list shall be
written in duplicate in an index book in the form set out as Form
No. 6 in the First Schedule, with the names of the electors
grouped according to the initial letters of their surnames, and
with the surname, given names, postal address and occupation of
each being fully stated.
9. Each enumerator shall exercise the utmost care in
preparing the preliminary list of electors for the polling division
for which he has been appointed. He shall take all necessary
precautions to ensure that the list when completed contains the
name, address and occupation of every qualified elector in the
polling division, and that it does not contain the name of any
person who is not so qualified.
10. Every enumerator who wilfully, and without reasonable
excuse, omits from the preliminary list the name of any person
entitled to have his or her name entered therein, or enters in the
said list the name of any person who is not entitled to have his or
her name entered therein, shall be liable on summary conviction
to a penalty of fifty dollars, and in addition, to forfeiture of his
right to payment for his services as enumerator.
11. The names, addresses and occupations of all electors who
are included in a preliminary list shall be written up according
to Form No. 2 in the First Schedule, as directed by the Supervisor
of Elections.


- No. 13.


1951.









Legislative Council (Elections).


12. On the completion of his list (which shall in no case be
later than ten days after the appointed day), the enumerator shall
certify the list in the form set out as Form No. 7 in the First
Schedule. Not later than the following day he shall transmit the
list to the Supervisor of Elections through the registration officer.
13. The Supervisor of Elections shall on the receipt of the
preliminary lists from the enumerators cause to be prepared and
completed not later than thirty-one days after the appointed day
four typewritten copies of each of such lists. The typewritten
copies shall then be checked by the Registration officer and the
respective enumerator and certified in the form set out as Form
No. 7 in the First Schedule.
14. The registration officer shall distribute two copies of
such lists to each enumerator, arrange one complete set of lists
numerically according to polling divisions and send it to the
Supervisor of Elections and keep the remaining set for himself.
15. The enumerator shall not later than thirty-five days
after the appointed day affix on each of two buildings in his
polling division a certified copy of the preliminary list, preference
being given to public buildings, if any, in his polling division.
Such lists shall remain posted up for a period of twenty days.
16. On the completion of his work, the enumerator shall take
an oath in the form set out as Form No. 8 in the First Schedule.


17. Every registration officer shall distribute to every Post
Office in his district a sufficient number of copies of the forms set
out as Forms No. 9, No. 10 and No. 12 in-the First Schedule.



18. It shall be the duty of the registration officer to have
affixed by the enumerator at the same time as he is posting Up the
preliminary list one revision notice, in the form set out as Form
No. 11 in the First Schedule, for each list.
19. Any person who claims to be entitled to be registered as
an elector, and who is not entered, or is entered in an incorrect
manner, or with incorrect particulars in the preliminary list, may
claim to be registered, or to be registered correctly, by sending to
the registration officer, not later than fifty-five days after the
appointed day a claim in the form set out as Form No. 9 in the
First Schedule or such other form as may be prescribed,
which form the claimant may secure at any Post Office. The
claimant shall fill in the form and deliver it or transmit it postage
free to the registration officer.


Certified
preliminary
lists to be sent
to registration
Officer.
Enumerator to
certify copies of
preliminary
lists.



Distribution of
certified copies
of preliminary
lists.
Posting up of
preliminary
lists.


Oath of
enumerator on
completion of
work.
Registration
officer to
distribute to
Post Offices
copies of Forms
Nos. 9, 10 and 12.
Notice of
Revision.


Claims to be
delivered or
posted to
registration
officer.


1951.


No. 13.









Legislative Council (Elections).


Notice of
objection to
registration;



Notice of
objection to
claims.




Form No. 10.




Dates for
making
objections.


Names on more
than one list.



Notice to
persons
affected by
objection.



Publication of
claims to
insertion.




Publication of
objections to
registration.


20, Any person whose name appears on. any of the
preliminary lists for an electoral district may object to the
registration of any person whose name is included in those lists,
by sending to the registration officer notice of objection in the
form set out as Form No. 10 in the First Schedule or such other
form as may be prescribed.
21. Any. person whpse name appears on any of the
preliminary lists for an electoral district may object to the
registration of any person whose name is included in the list of
claimants by sending notice. of objection to the registration
officer in the form set out as Form No. 10 in the First Schedule or
such other form as may be prescribed.

22. Form No. 10 in the First Schedule shall consist of a
postcard in duplicate, one section to be sent to the registration
officer by registered post and the other section to the person
objected to by registered post.

23. The objection to any name included in the preliminary
lists shall be sent not later than fifty-five days after the appointed
day and the objection to claims for inclusion in the lists shall be
sent not later than sixty-five days after the appointed day.

24. Any elector whose name appears on more than one
preliminary list shall forthwith notify the registration officer, in
the form set out as Form No. 12 in the First Schedule, of the
polling division in which he elects to have his name retained.

25. The registration officer shall immediately after receiving
any notice of objection, send by registered post a notice in the
form set out as Form No. 13 in the First Schedule to the person in-
respect of whose registration the notice of objection is given, and
a notice in the form set out as Form No. 14, in the First Schedule
to the person making the objection.

26. It shall be the duty of the registration officer to cause to
be affixed, not later than sixty days after the appointed day, to
two buildings in the polling division, in the form set out as
Form No. 15 in the First Schedule, a list of persons living in the
said polling division who claim that their names should be
inserted in, or that corrections should be made to, the preliminary
lists. Such list shall remain posted up for five days.

27. It shall be the duty of the registration officer to cause to
be affixed not later than sixty days to two buildings in the polling
division, a list of the names of persons, appearing in the
preliminary lists to whose registration notice of objection has
been given, in the Form set out as Form No. 16 in the First
Schedule. Such list shall remain posted up for five days.


No. 13.


1951.










Legislative Council (Elections).


28. It shall be the duty of the registration officer to cause to
be affixed, not later than sixty-nine days after the appointed day
to two buildings in the polling division, in the form set out as
Form No. 15 in the First Schedule, a list of names of persons,
included in the list of claims for the said polling division, to whose
registration notice of objection has been given. Such list shall
stay posted up for a period of five days.

29. The Registration officer shall consider all objections of
which notice has been given to him in accordance with these
Rules and for that purpose give at least five clear days' notice by
registered post to the objector and to the person in respect of
whose registration the notice of objection has been given of the
time and place at which the objection will be considered by him.

30. The registration officer shall also consider all claims of
which notice is given to him in accordance with these Rules and
in respect of which no notice of objection is given, and, if he
considers that any claim may be allowed without further inquiry,
shall give, by registered post in the form set out as Form No. 17
in the First Schedule, notice to the claimant that his claim is
allowed. If the registration officer is not satisfied that any such
claim can be allowed without inquiry, he shall give at least five
clear days' notice by registered post to the claimant of the time
and place at which the claim will be considered by him.

31. The registration officer shall make such additions and
corrections to the preliminary lists as are required in order to
carry out his decisions in respect of any objections or claims, and
he shall also make such corrections in those lists, by way of the
removal of duplicate entries (subject to any expression of choice
by persons affected as to those entries), the expunging of the
names of persons who are dead or subject to any legal incapacity,
the rectification of clerical errors, and otherwise, as will ensure
that those lists are complete and accurate as a register.

32. Where the registration officer makes any correction in
the preliminary lists otherwise than in pursuance of a claim or
objection, or for the purposes of correcting a clerical error, he
shall give notice by registered post, in the form set out as Form
No. 18 in the First Schedule, to the person affected by the
correction, and allow that person an opportunity of objecting to
the correction, and if necessary, of being heard with respect
thereto.

33. The registration officer shall make all the necessary
corrections of the preliminary lists and do everything necessary
in time to allow the publication of the lists so corrected as
requiredd by these Rules.


Posting up the
list of objections
to claims.





Consideration
of objections.





Consideration
of claims.








Correction of
lists.








Objection to
corrections.







Completion of
lists.


No. 13.


195L









Legislative Council (Elections).


One.copy of 34. The registration officer shall certify, in the form set out
finally revised as Form No. 19 in the First Schedule, two sets of preliminary lists
lists to be revised in accordance with the provisions of rule 30 and, not later
posted to than ninety-two days after the appointed day he shall post one
Supervisor of set of such finally revised lists to the Supervisor of Elections and
Elections and retain the other set in his office for inspection by the public.
the other kept It shall be the duty of the registration officer, on the application
for inspection of any person during business hours and on payment of the
by the public. prescribed fee to furnish such person with copies of the finally
revised lists at any time after the date on which the said lists are
proclaimed to be in force.

Description of 35. On a date to be determined by the Supervisor of
polling divisions Elections, the registration officer shall transmit to the returning
and maps, and officer a description of the boundaries of each polling division
finally revised together with the maps on which the polling divisions are traced.
lists to be On the completion of his revision he shall transmit to the
transmitted to returning officer the set of the finally revised lists retained by him
returning pursuant to the provisions of the last preceding rule.
officer.
Insertion of 36. If after the finally revised lists have been printed the
names in registration officer has reasonable cause to believe that the name
printed lists, of any elector which has been included in the preliminary list of
electors for any polling division has through inadvertence been
omitted from the finally revised list for that division, the
registration officer shall ascertain by reference to the relevant
preliminary list, and the enumerator's index book for that polling
division or the duplicate copy thereof, whether the omission of
that name has in fact been made. If the omission is verified he
shall insert in the copies of the printed list, the name, address and
occupation of the elector concerned and initial the corrections.
He shall then return the corrected copies of the list to the
returning officer for the district concerned and the Supervisor of
Elections. He shall also notify the person whose name was
omitted of the insertion. The registration officer shall not insert
the name of any person expunged by him from the preliminary
list of electors in pursuance of a. decision in respect of an objection
made by him under rule 31 or at any time after the seventh day
next before polling day.
If the printed lists have already been distributed, the
returning officer shall accordingly notify the persons whom he
believes to be likely to be nominated as candidates for the
relevant electoral district or who have actually been.nominated
and the presiding officer for the polling division concerned.

Deletion of 37. (1) If, during the period between the revision of any
names from electoral list and nomination day, a registration officer has
printed lists, reasonable cause to believe that there appears upon any finally


No. 13.


1951.









Legislative CounciZ (Elections).


revised list the name of any person who is not qualified for
:inclusion in such list or that any insertion which has been made
under rule 36 of these Rules, is in respect of a person who is not
-entitled to be included in such list, he shall hold a special revision
to investigate such case. The registration officer shall give at
least five days' notice by registered post to such person of the time
.and place at' which such special revision will take place and at
.such time and place consider the eligibility of such person to be
included in the finally revised list. If he decides that the name
*of such person should not be included in the finally revised list he
shall delete such name therefrom and initial the deletion on all
undistributed copies of the list. He shall then notify the
returning officer and the Supervisor Of Elections of all such
-deletions.
(21 If printed lists have already been distributed the
returningr officer shall accordingly notify the persons whom he
believes to be likely to be nominated as candidates for the
relevant electoral district or who have actually been nominated
-and the presiding officer for the polling division coiicerned.
(3) No special revision under this rule shall be held later
:than the seventh day after nomination day.
38. Where the registration officer is by these Rules required
to publish any document, he shall publish the document by
.making the proper entries on the prescribed forms and a copy of
the document available for inspection by the public in his office,
and, if he thinks fit, in any manner which is, in his opinion,
desirable for the purpose of bringing the contents of the document
to the notice of those interested.
Any failure to publish a document in accordance with these
Rules shall not invalidate the document.
39. If any person without lawful authority destroys,
mutilates, defaces or removes, or makes any alteration in any
.notice published by the registration officer in connection with his
registration duties, or any copies of a document which have been
made available for inspection in pursuance of these Rules, he
.shall be liable on summary conviction, to a fine of fifty dollars.

40. The registration officer shall, without fee, on the
-application of any person, supply forms of claims and notices of
-objections.

41. The registration officer shall, on the application of any
person, allow that person to inspect, and take extracts from, or
-on payment of the prescribed fee, supply to that person copies of
the lists of electors for any registration unit in his electoral
district and any claim or notice of objection made under these
2ules.


Publication of
documents.







Destroying or
defacing
documents.




Duty of
registration
officer to supply
forms.
SUpply of
copies of claims,
objections, &c.


1951.


No. 13.









Legislative Council (Elections).


Mode of sending
notices &c.


Information
from
householders, &c.






Declarations as
to age and
nationality.










Hearing of
claims and
objections.


Power to
require evidence
on oath.


False
declaration.


Provisions as to
misnomer or
inaccurate
description.


42. Any claim or notice of objection which is under these
Rules to be sent to the registration officer may be sent to him by
registered post, postage free, addressed to him at his office or
delivered by hand.
43. The Registration officer may require any employer or
any householder or any person owning or occupying any land or
premises within his electoral district, or the agent of such person,.
to give any information in his possession which the registration
officer may require for the purpose of his duties as registration
officer; and, if any person fails to give the required information,
or gives false information, he shall be liable, on summary
conviction, to a fine of ninety-six dollars. Any notice requiring
information under this rule may be sent by post.
44. The registration officer, before registering any person as
an elector, may, if he thinks it necessary-
(a) require that person either to produce a certificate of birth,
or, if that is not practicable, to make a statutory
declaration that such person has attained the required
age; and
(b) require that person to produce a certificate of
naturalisation or to make a statutory declaration that he
is a British subject.
Where a declaration is so required no fee shall be paid thereon.
The registration officer shall during office hours allow any person
to inspect and take a copy of any such declaration.
45. On the consideration of any claim or objection or other
matter by the registration officer, any person appearing to the
registration officer to be interested may appear and be heard
either in person or by any other person, other than counsel, on
his behalf.
46. The registration officer may, at the request of any person
interested, or if he thinks fit without such request, on the
consideration of any claim, or objection, or other matter, require
that the evidence tendered by any person should be given on oath
and may administer an oath for the purpose.
47. Any person who in the course of the revision of any
preliminary list makes before a registration officer any statement
upon oath or any solemn affirmation which he knows to be false,.
or does not believe to be true, shall be guilty of an offence and
upon summary conviction thereof shall be liable to be imprisoned
with hard labour for a term of twelve months.
48. No misnomer or inaccurate description of any person or
place on any list or in any notice shall prejudice the operation of
this Ordinance as respects that person or place, provided that the-
person or place is so designated as to be commonly understood.


No. 13.


1951.






101

Legislative Council (Elections).


No. 13.


1951.


49. The Legislative Council (Elected Members) Rules, 1945. Revocation.
(S.R. & 0. 1945 No. 81) are hereby revoked.

Passed the Legislative Council this 3rd day of May, 1951.

HENRY H. WILLIAMS,
Acting Clerk of Legislative Council.
(J 26/1950)


PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.

1951.

[ Price Three dollars and eight cents. ]




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