$2 Notices. Her Majesty the Queen entrusted the Seals of the Colonial Department to the Right Honouroble ALAN TINDAL LENOX-BoynD, P.C., M.P., on the 30th July, 1954. The Secretariat, at Antigua, 3lih Suly, 1954. Ref. No. 13/000137. Consequent upon the death of the Honourable W. E. L. Watwyn, the Governor has appointed the Honoura- ble P. E. RYAN to be a nominated member of the General Legislative Council of the Leeward Islands, until the 7th September, 1954. The Secretariat, Antigua, 28th July, 1954. The Commissioner of the Virgin Islands has appointed, under section 3 of the Midwives Ordinance, 1953 (No. 11 of 1953), the following persons to be members of the Mid- wives Board: The Medical Officer in Administra- tive Charge (Chairman) Nurse P. ABBOTT Mrs. J. R. O'NEAL Miss ANGELICA SCATLIFFE Hon. J. O. GEORGES, M.B.E. The Secretariat, Antigua. 31st July, 1954. No. 72. The following Ordinances and Stat- utory Rule and Order are circulated with this Gazette and form part thereof :— ORDINANCES. Aniigua. No. 2 of 1954, “The Minerals (Vesting) (Amendment) Ordinance, 1954.” 2 pp. Price 4 cents. No. 3 of 1954, “The Denomina- tional School Teachers Pengion (Amendment) Ordinance, 1954.” 2 pp. Price 4 cents. FAG7 : A497 Lh rari No. 4 of 1954, ‘The Cinemato- graphs (General Legislature Compe- tency) (Revocation of Declaration and Repeal) Ordinance, 1954.” 2 pp. Price 4 cents. No. 5 of 1954, “The Petroleum (Amendment) Ordinance, 1954.” D> pp. Price 7 cents. Virgin Islands. No. 7 of 1954, “ The Virgin Islands Constitution and Elections Ordinance, 1954.” 81. pp. Price 90 cents. STATUTORY RULE & ORDER. Montserrat. No. 4 of 1954, ‘The Importation of Swine (Prohibition) Order, 1954.” l pp. Price 3 cents. TRADE MARKS OFFICE, ANTIGUA, 27th July, 1954. CARREARS LIMITED of Areadia Works, Hampstead Road, London, N. W., England, have applied for Registration of two Trade Marks consisting of the following:— (1) CARRERAS LIMITED LONDON. ENGLAND. BAe ve ab nih : BD Vuimber One @ in Class 42 that is to say:— Tobacco whether manufactured or unmanufactured. The Applicants claim that they have used the said Trade Mark in respect of the said goods for thirty & four years respectively before the date of their said Application. E LEEWARD ISLANDS GAZETTE. Published by Authority. * VOL. LXXXIT, THURSDAY, dru AUGUST, 1954. NO. cor: Any person may within three months from the date of the first appearance of this Advertisement in the Leeward Islands Gazette, give notice in duplieate at the Trade Marks Office, Antigua, of opposition to registration of the said Trade Mark. J. D. B. RENWICK, Ag. Registrar of Trade Marks. TRADE MARKS OFFICE, ANTIGUA, 19th July, 1954. CATERPILLAR TRACTOR CO., of 800 Davis Street, San Leandro, State of California, United States of America, have applied for Registra- tion of one Trade Mark consisting of the following:— CAT in Classes 6 and 7, that is to say: Class 6, —Machinery of all kinds, and parts of machinery, except agricultural and horticultural machines and their parts. Class 7 —Agricultural and _horti- cultural machinery, and parts of such machinery. The Applicants claim that they have used the said Trade Mark in respect of the said goods for four and one and a half years respectively before the date of their said . Application. Any person may within three months from the date of the first appearance of this Advertisement in the Lesward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of opposition to registration of the said Trade Mark. J. D. B. RENWICK, : Ag. Registrar of Trade Marks. TRADE MARKS OFFICE, ANTIGUA, 19th July, 1954. CUSSONS, SONS & GOMPANY LIMITED, of Kersal Vuie Works, Moor Lane, Kersal, Manchester, England, have applied for Registra- tion of one Trade Mark consisting of the following:— IMPERIAL LEATHER in class 48 that is to say:—Perfumery (including toilet articles, preparations for the teeth and hair and perfumed soap). 146 The Applicants claim that they have used the said Trade Mark in respect of the said goods for 12 years before the date of their said Application. Any person may within three months from the date of the first apperance of this Advertisement in the Leeward Islands Gazette, give notice in duplicate at the Trade Marks Office, Antigua, of opposition to registration of the said Trade Mark. J. D. B. RENWICK, Acting Registrar of Trade Marks. Applications are invited from quali- fied persons (men or women) for appointment as Administative Assist- ants (Cadet) in the Administative Service of the Government of Jamiaca. The post is non-pensionable and carries a salery of £500 a year. Successful candidates, provided they pass the prescribed medical examina- tion, will be appointed on probation for a period of three yearsand if their service is satisfactory will be eligible for appointment to the pensionable post of Administrative Assistant (£620-25-770-920): promotion to the post of Administrative Assistant will normally take place at the end of the probationary period, but cadets show- ing Administrative ability may he considered for such promotion hefore the end of this period. Cadets will normally be attached on appointment either to the Colonial Secretary’s Office or to one of the Ministries, and will be liable to transfer between one Ministry and another in order to gain experience. Cadets may be required to take a course of training in the United King- dom after serving for about a year; this training will usually take the form of the Overseas Training Course “ A” at Oxford or Cambridge; free passages to and from the United Kingdom will be provided and subsistence allowance paid. Candidates should possess a recog- niaed University degree and should not be less than 21 years of age or older than 26 years of age at the date of application. Applications in writing should be forwarded to reach the Colonial Secretary’s Office (Establish- ments Branch), Kingston, Jamaica, not later than the 30th of September, 1954. J. W. H. O’REGAN, Aoting Colonial Secretary, Jamaica. THE LEEWARD ISLANDS GAZETTE. Vacant Post of Assistant Director of Land Settlement (Agricultural). Applications are invited from suit- ably qualified candidates wishing to secure appointment to the vacant post of Assistant Director of Land Settle- ment (Agricultural), British Guiana. 2. The post carries a fixed pension- able salary of £1,100 ($5,280) per annum (scale A 12) plus a temporary cost-of-living allowance at the rate of £62. 10s. ($300) per annum, but the emoluments offered may be increased as a result of the general revision of salaries. 3. The Agsistant Director of Land Settlement (Agricultural) will be required to assist the Director of the newly established Land Settlement Department in the implementaiion of, and in the management and supervi- sion of the land settlement schemes in the Colony. The main initial duty of the Department would be to study and frame definite policies for adop- tion by the Government with respect of land settlement and tenure. The officer will be required to undertake the general supervision of agricultural activities of settlers. He shonld possess a recognised qualifica- tion in Agriculture. FEixperience in peasant agriculture with special referenece to land settlements would be an advantage. 4. The appointment would nor- mally be pensionable, subject to the candidate’s medical fitness and, where necessary, to satisfactory service dur- ing a probationery period of three years, but the candidate could, if he so preferred, ba appointed on a three year contract which might be renewed for a further period or periods. Un- der present terms on the satisfactory completion of his contract service, he would be paid a gratuity calculated at the rate 223% of basic salary for each completed period of three months’ service, including approved leave. 5. The person selected for the appointment will be subject to the Colonial Regulations and to local Gen- eral Orders and instructions in force for the time being in so far as they are applicable. An officer placed on the pensionable Establishment will be eligible for vacation leave at the rate of five days for each completed month of resident service up to a maximum of six months, subject to the com- pletion of a minimum tour of service of two years. If married, a pension- [5 August, 1954. able officer would also be eligible for the grant of assisted leave passages for himself and his wife when granted vacation leave, subject to the provi- sion of funds annually by the Legis- lature and to the requirements of the Public Officers (Leave) Passages Regulations, 1952. 6. In the cage of an officer selected from overseas, free passages to the “Colony will be furnished for himself and his wife and children (if any) not exceeding five persons in all provided they either accompany him to British Guiana or proceed to join him within twelve months after the date of his departure for the Colony. If he is serving on contract, the officer and his family, up toa limit of five persons, will also be provided at the Colony’s expense with passages back to the country from which he was recruited on the satisfactory conclusion of his contract. He will also earn vacation leave on the same basis as is Jaid down in paragraph 5 above for an officer on the Pensionable Establishment. 7. All applications must be ad- dressed to the Chief Hstablishment Officer, Central Secretariat, British Guiana, and should reach hiro not later than the 15th of August, 1954. Copies and not originals of testi- monials and certificates shonld be submitted. 8. It should be noted that the appointment of any person to this post is subject to the approval of the Secretary of State for the Colonies, who may decide to select some other candidate. 9. Applicants already in the em- ployment of Government should sub- mit their applications through the normal official channels. Establishment Department, Central Seoretariat. July, 1954. (M. P. ©. 57/30/2), RAINFALL FIGURES. Central Experiment Station, Antigua. 1950, 1951. 1952. 1953, 1954. Jan. B4l 38.60 241 1.98 3,04 Feb, 2.52 1.88 1.60 1.02 2.45 Mar. 1.58 1.09 1.62 5.60 1,08 Apr. 2.44 2.16 3.14 2.06 AY May 2.06 10.54 3.07 1.50 3.83 June 1.66 2.74 6.74 L3L 3.32 July 185 38.28 8.38 3.20 3.47 17.52 25.29 25.96 16.62 17.68 * 5 August, 1954] THE LEEWARD ISLANDS GAZETTE, 147 : IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS. (ANTIGUA CIRCUIT) Suit No. 16 of 1951. Between:— Joseph Mercuant Plaintiff. and Sypyey THEOPHILUS CHRISTIAN Defendant. Suit No. 20 of 1951. Between:— Sypuey THrorsinus CHRISTIAN Plaintiff. and JosEPH MERCHANT Defendant. Before: DATE, J. J. R. Henry for Merchant EK. E, Harney for Christian JUDGMENT. These two actions, which are being tried together with the consent of the parties, arise out of a collision which occurred at the intersection of Long and Market Streets in the City of St. John on 7th April, 1951, between motor truck A.G. 151, owned by Joseph Merchant, and motor car A.G. 171, owned and driven by Sydney Theophilus Christian. Merchant’s truck was being driven by his son and was travelling westwards along Long Street; Ghristian’s car was going from north to south +: long Market Strect. ‘fhe damage sustained by the car was mach greater than that sustained by the truck. Fach party claims that the collision was caused by the negligence of the driver of the other vehicle. In suit No. 16 of 1951 (Merchant v. Christian) the negligence alleged against Christian is that he-— (a) did not stop “as he is required to do”; (6) did not slow down or keep a proper look out. In suit No. 20 of 1951 (Christian v Merchant) the negligence alleged sgainst the driver of Merchant's truck is that he— (a) failed to blow his horn or give other warning or signal of his approach; (b) drove the truck at an excessive rate of speed while approaching the corner of Long and Market Streets; (c) failed to keep any proper look out for cars travelling along Market Street; (d) failed to keep his proper side of the street when approaching the Corner of Market and Long Streets; ' (e) failed to keep his truck under proper control; (f) failed to stop his truck or so to manipulate it as to pass Christian’s car then at a standstill without colliding with it. Apart from denying the allegations of negligence levelled against him, each party has, in his defence, pleaded contributory negligence, Merchant stating, in addition to the negligence alleged by him in Suit No. 16 of 1951, that Christian “without any warning, drove from Market Street into the intersection of the said Long Street and Market Street, blocked his right of way and thereby caused the accident.” It is admitted by Christian that he neither blew his horn nor stopped his car on reaching the junction of Long and Market Streets. His estimate of the speed at which Merchant’s truck was coming down Tiong Street is, perhaps, on the high side, and I am satisfied that the horn of the truck was sounded just before the accident; in all other respects, however, I regard the account of the accident given by Christian as accurate and reliable. In his examination in chief he said: “I was driving at less than 10 miles per hour—at about 5, 6 or 7 miles per hour. On reaching the corner of Long Street I looked right and saw nothing coming up. I continued going. I then looked left and there was truck 151 coming down Long Street at about 40 miles per hour. It was a little beyond the corner of Corn Alley when I first saw it. It never occurred to me it would pass Market Street at that speed; but seeing it approaching [I stopped my car—about midway across Long Street. The truck struck my left front wheel.and fender, driving my car to the right, some distance down Long Street. My recollection is that my car was not in gear; I had taken it out of gear automatically on stopping. I had to put on my brakes to atop my car after it was struck. The truck swerved slightly to the left after the collision, heading to the telephone post at the south-western corner of Market and Long Streets and ending up with its bumper ugainst the electric light post......... I have never seen a copy of Exhibit D before today. Never seen it published in the Gazette or any newspaper. When I saw the truck it was to the right of _the centre of Long Street. ‘There were vehicles parked on both sides of the street.” Under cross- examination he said: “The truck did not slow down at all. One thought entered my mind: I may get killed...... I do not consider I have a duty to stop at the corner of Market and Long Streets. I have a duty to proceed with care and slowly...... to slow down and look in both directions to see whether there 148 THE LEEWARD ISLANDS GAZETTE. [5 August, 1954 * is any traffic approaching. I did that. When J looked left the front part of my car was partly in the intersection of Long and Market Streets. When I saw the speed of the truck which was then in front of Viera’s rum shop, I apprehended danger. I then put on my brakes. Had he been travelling at normal speed he would have been able to stop.... I stopped in the middle—right where I was—in the hope that he would have stopped. Had I gone on he would have hit me right alongside......... I do not recollect hearing truck’s horn—but I saw the truck. I did not blow my horn; 1 was travelling very slowly.” While the speed at which Merchant’s truck was travelling before the accident may not have been as high as 40 miles per hour it is apparent from the evidence as a whole (including the tyre marks on the road after the accident—and not ignoring the weight of the truck) that it was being driven ata speed of not less than 25 miles per hour and that it was not slowed down before reaching the corner. There was no road signal or traffic line at any part of the junction of the two streets in question, The driver of the truck said he signalled that he was going straight through, down Long Street, but I am not persuaded that either driver gave any signal. Exhibit D—to which Christian referred in his examination in chief, and about which so much has been heard in this case—is an undated notice purporting to be issued by J.R.A. Branch, Traffic Commissioner. It reads thus:— TRAFFIC NOTICE In the City of Saint John’s all streets ranning North and South (except East Street) are STOP STREETS and all streets running East and West will have right of way except at their junctions with Kast Street when proceeding Hast. This means that drivers of all vehicles when travelling ulong streets running North and South MUST STOP at all intersections with streets running East and West and satisfy themselves that the passage is all clear. It is not possible to mark every corner, but drivers must observe this rule of the road at all intersections whether marked or not. This should greatly reduce and should entirely stop the unneccessary blowing of horns at every corner in: the City and eliminate collisions. At nights when headlights are on it is unnecessary to blow horns. The speed in the City is— For Motor Cars soe 20 miles per hour. For Omnibuses and Trucks es 15 miles per hour. J. R. A. Brancn, Traffic Commissioner, According to Corporal Osborne of fhe Traffie Department, Police Force, the notice was published in the local newspapers and, in 1945, copies were given to drivers upon being issued with licences. A copy of “ The Antigua Star” bearing date 30th October, 1948, which was put in evidence, includes a notice (also purporting to be be made by J. R. A. Branch, Traffic Commissioner,) which contains the first four paragraphs of Exhibit D. But, as in the case of Exhibit D, the authority under which the newspaper notice was issued is not stated; and it would seem that some drivers respect and obey these notices while others do not. Only a few months ago the Court of Appeal for the Windward Islands and Leeward Islands held, in Camacno v Byron (leeward Islands Gazette, 3lst December 1953), that the T raffic Commissioner was not vested with proper authority to erect any road signal; furthermore, the notices produced in the present case would appear to be at variance with and repugnant to regulation 19 (7) of the Vehicles and Road ‘Traffic Regulations, 1946, which provides that every driver “shall, when approaching turnings and cross roads.......slow down and make the appropriate traffic signal ’—drivers on the streets running east and west in the City of St. John not being excepted. For the purposes of this case it is unnecessary to say any more about these “ Traffic Notices”: the question to be decided here is not simply whether any regulations or directions, statutory or non- statutory, have been infringed by either party or his agent, but—‘‘ Whose negligence was it that substantially caused the injury?” And on looking at the matter in that way, | have not the slightest doubt that whether or not Christian did the right thing in not stopping at the junction, or in beginning to cross Long Street before looking to left as well as to right, or in not blowing his horn, or in stopping his car when he did, “the real, direct and effective cause” of this accident was the negligence of the driver of Merchant’s truck: he approached the intersection of the two streets ata grossly excessive speed, all things considered, and failed to keep a proper look out for traffic along Market Street, or to keep his truck under proper control. That was “the efficient, the proximate. the clecisive cause “ of the collision; I do not think it can properly be said to have been caused by the negligence of both parties substantially. In suit No. 16 of 1951 judgment will be entered for the defendant with costs. In suit No. 20 of 1951 judgment will be entered for the plaintiff for §760 (which includes $40 for additional. expenditure incurred by the plaintiff through having to hire cars) and costs. W. A. Dare, 28th July, 1954. Puasine Judge. a 5 August, 1954.] THE LEEWARD ISLANDS GAZETTE. 149 IN THE SUPREME COURT OF THE WINDWARD ISLANDS AND LEEWARD ISLANDS _ (ANTIGUA CIRCUIT) Suit No. 27 of 1953 Between: Brypon Mars LlaintifZ and CarpicAN McARTHUR STEVENS Defendant. Before: DATE, J. 5. T. Christian, and C. E. Francis for Plaintiff A. F. Louisy (Acting Crown Attorney) for Defendant. JUDGMENT. The plaintiff was the owner of the sloop “Lady Marsh.” On 28th January, 1953, the sloop was seized under section 13A of the Smuggling Act, 1895, hy Vernon George Edwards, a sergeant of the Leeward Islands Volice Force, on the ground that it, being a vessel of Jess than thirty tons burthen, was within the territorial water of this Presidency and had on board a quantity of spirits - and tobacco. In accordance with general practice, Sergeant Idwards delivered the sloop, spirits and tobacco to the defendant, who was then acting as ‘'reasurer and Collector of Customs, Antigua. Section 13 A of the Smuggling Act, 1895, as added by section 3 of the Smuggling (Amendment) Ordinance, 1950, reads thus:— : 13 A. Any vessel of less than thirty tons burthen save and except as hereinbefore ’ provided, having on board any spirits or tobacco and arriving at or anchoring or lying to or being within the territorial waters of this Presidency or departing therefrom shall together with the cargo on hoard thereof, and the furniture, tackle, apparel and boats be- longing thereto, be forfeited. : Provided always that the provisions of this section shall not apply where the master of the vessel satisfies the ‘Treasurer that the vessel has arrived, anchored, lain to or was as aforesaid through stress of weather or other good and sufficient cause. Section 47 of the Trade and Revenue Ordinance, 1900, is also relevant and provides as follows:— 47. All goods and all vessels, boats, conveyances and animals liable to forfeiture un- der this Ordinance or any other law relating to the revenue may at any time be seized by the Treasurer or any Treasury officer or any person acting under the direction or control of the 'T'reasurer, or by any member of the Police Force or rural constable, or by any offi- cer or person employed for the protection of the revenue or the prevention of smuggling. Then there is section 15 of the Smuggling Act, 1895, which says that, “Any vessel for- feited by virture of any of the Kevenue Laws may be seized as forfeited by any officer or person having authority to board vessels...aud....may be sold by the Treasurer at auction to the highest bidder, and the proceeds of the sale of the same shall be applied in the manner hereinafter provided with reference to fines, forfeitures and penalties.” The sloop and its cargo were put up tor sale at auction by the defendant. Its sails, mast, rope fittings and dinghy were sold, as also a small portion of its cargo; the rest of the cargo was destroyed. The sloop itself was withdrawn from sale, the highest bid received being less than half ' the reserve price fixed. [t is sti]l in the possession of the defendant, who is now Treasurer of the Presidency. : On 24th July, 1953, the plaintiff’s solicitor wrote to the defendant demanding the return of the sloop and stating that the plaintiff and a crew would call upon the defendant on 27th July, 1953, in order to take over the vessel. When they and their solicitor called on the defendant on 27th July he refused to deliver the sloop, informing them that the matter was one which would have to be dealt with by “the Executive;” the defendant apparently had in mind the provisions of section 21 of the Smuggling Act, 1895, which enables the Governor to remit the whole or any part of any “fine, penalty or forfeiture;” it was not suggested by anyone that the pro- viso to section 13 A of the Act could be invoked. Later that same day (27th July) the writ in this action was filed and served on the de- fendant—claiming the return of the sloop, or alternatively its value £450, and damages for its de- tention. 150 THE LEEWARD ISLANDS GAZETTE, . £ August, 1954.]* With this brief outline of the salient facts I will proceed to the crux of the case, which is whether a declaration or adjudication of forfeiture by a court of law is a conditio sine quo non to any forfeiture under section 18 A of the Smuggling Act, 1895; it is common ground that no such declaration or adjudication was obtained in this instance. The only case cited by learned counsel for the plaintiff in this connection was Attorney General v. Hunter, (1949) 2 K.8. 111, in which the Attorney General of England applied for and was granted a declaration for forfeiture of a ship under the Customs Consolidation Act, 1876. In considering that case, however, it is important to bear in mind section 218 of the English Act, which provides. that, “All duties, penalties, and forfeitures incurred under or imposed by the Cus- toms Acts, and the liability to forfeiture of any goods seized under the authority thereof, may be sued for prosecuted determined and recovered by action information or other appropriate proceeding in the High Court of Justice in England.” Our relevant enactments contain no such provision; sections 50 to 53 of our Trade and Revenue Ordinance, 1900, which apply also to seizures and for- feitures under the Smuggling Act, clearly contemplate that where anything is liable to forfeiture it may forthwith be seized as forfeited; then, if anyone claims the thing, “the ‘Treasurer within seven daysafter such claim or, in case of his default, the claimant shall cause a complaint to be preferred for the adjudication of such forfeiture before a Magistrate, and if it is made to appear by the claimant to the satisfaction of the Magistrate that such thing was not liable to forfeiture the Magistrate shall adjudge such thing to be restored, but if the Magistrate is not satisticd, or if the claimant fails to prove that such thing was not liable to forfeiture, the Magistrate shall confirm the seizure, and. thereupon the same shall be sold as hereinbefore directed............ "No such complaint was pre- ferred by the plaintiff. Attention was also asked to section 54 of the Trade and Revenuc Ordinance, 1900, which ., provides that “All peualties under ‘his Ordinance shall he recoverable before a Magistrate under the provisions of the Magistrate’s Code of Procedure Act, 1891”; and it was urged that a f@rfeiture is in the nature of a penalty and its validity or otherwise cannot he left to be dealt with a side issue in an action of this kind. Section 54 of the Trade and Revenue Ordinance, it will be ob- served, does not apply to the Smuggling Act, 1895; but apart altogether from that, it would appear, | on reading the whole of the 1895 Act and the 1900 Ordinance, that wherever the Legislature intended to refer to forfeitures it has expressly done so. It is also observed that where, as in the case of the Aliens Land Holding Regulation Act, Cap. 76, it was intended that a declaration of a court should be obtained for the purposes of establishing a forfeiture, the Legislature has so pro- vided. wae For all of these reasons, I have reached the conclusion that it was not incumbent on the defendant to initiate proceedings for a declaration or adjudication of forfeiture. I am satisfied that the “Lady Marsh” was seized in the manner stated by Sgt. Edwards in circumstances which pro- vided all requisites for a forfeiture under section 13 A of the Smuggling Act, and that there has been no unlawful detention of the vessel. Judgment will accordingly be entered for the defendant with costs. W. A. Dare, Puisne Judge. 28th July, 1954. ANTIQUA. : Printed at the Government Printing Offiee, Leeward Islands, by E, M, Buackmay, E.D, Government Printer.—By Authority, 1954. : [Prive $1-20] ° Minerals (Vesting) (Amendment). No. 2 of 1954, Awtiera, [L.S. | L Assent, K. W. Biackaurnr, Governor. 15th July, 1954, {ist August, 1953 | ANTIGUA. No. 2 of 1954, An Ordinance to amend further the Minerals (Vesting) Ordinance, 1948. BE 1? ORDAINED by the Governor and Legislative Council of Antigua as follows:— 1. This Ordinance may be cited as the Short title. 7 Y : . . : - 1/1949, Minerals (Vesting) (A mendment) Ordinance, 1954, 5451. and shall be read as one with the Minerals (Vest- ing) Ordinance, 1945, as amended, hereinafter ealled the Principal Ordinance. 2. Section 2 of the Principal Ordinance is Amendment of . 1 a , ycaArt) at 3 vo. seetion 2 of hereby amended by the insertion of the following (ic ‘Principal definition between the definitions of the expressions Ordinance. * to mine” and ‘* Treasurer ”’:— . “to prospect” with its grammatical variations and cognate expressions mers to search for minerals and includes such working as is reasonably necessary to cnable the pros- pector to test the mineral-bearing qualities of the land;”’. 8. Section 4 of the Principal Ordinance is see of section 4 0 hereby ainended as follows:— the Principal Ordinance, (a) by the insertion of the words “ pros- pecting and” between the words ‘of ’” and ‘mining ” in the marginal note thereto; Anriaua. 20 Minerals (Vesting) (Amendment) No, 2 of 1954, (b) by the insertion of the words ‘ pros- pe et for or” between the words “shall”? and ‘mine’’ in sub-section (1) thereof; (c) by the substitution of a full-stop for the colon at the end of subsection (1) thereof; and (d) | by the substitution of the words * prospecting for or mining of any ”’ for the words “ mining for” in subsection (3) there- of. ann 4. The following section is hereby substi of section 5b oO . ~ q . . ~ : the Principal tuted for section 5 of the Principal Ordinance:— Ordinance, “Payment of 5. Where a licence to mine is granted royulties un- ; . . ; . o dur mining under section 4 of this Ordinance there shall * e . “4 . licence, be paid to the Government of the Presidency by the licensee in respect of minerals mined by virtue of that licence such royalties ag may be prescribed, and different royalties may be prescribed for different minerals.” anata 5. Section 8 of the Principal Ordinance is the Principal hereby amended by the substitution of the words Ordinance. “the forms of licence to prospect for minerals and” for the words “a form of licence ” appearing therein. ence 6. This Ordinance shall te deemed to have had effeet as from the [st day of August, 1943, Ro Sr d. O. Wayne, President. Passed the Legislative Council this 22nd day of May, 195 J. L. Ronson, Clerk of the Council. ANTIGU, \ Peinted at the Goveruiment Printing Office. Leeward Islands, Ly BE. M. BLACKMAN. Government Printer. By Authority 1964, ef. 90-8, 54, Price + cesnit. nr y r . : ; No Bof (954, Denominational School Teachers Pension (Amendment) [ L.S. | I Assent, KX. W. Brackpurne, (Fovernor. 15th July, 1954. [15th Jluy, 1954] ANTIGUA. No. 3 of 1954. An Ordinance to amend further the Denominational School Teachers Pension Ordinance, 1931. BE IT ORDAINED by the Governor and Legislative Council of Antigua as follows:— 1. This Ordinance may be cited as the Denom- inational School Teachers Pension (Amendment) Ordinance, 1954, and shall be read as one with the Denominational School Teachers Pension Ordinance, 1931, as amended, hereinafter called the Principal Ordinance, 2. Section 2 of the Principal Ordinance is hereby amended by the substitution for the definition of the expression ‘Governor in Council” of the following definition:— ** Governor in Council’ means, in the case of a teacher whose services were wholly under the Government of the Presidency, the Governor with the advice of the Executive Council of the Presidency, and in all other cases the Governor with the advice of the Executive Council of the Colony :” 8. Section 20 and 22 of the’ Principal Ordinance are hereby amended by the deletion of the word ‘ Federal’ appearing therein, ANTIGUA. Short title. 7/1931 4/193 4 17/1947 LI L94y Amendment of Scction 2 of the Principal Ordinance. Amendirent of sections 20 and 22 of the Prinvipai Ordinance, ‘ Antiaua. 2. Denominational School Teachers No. 3 of 1954. Pension (Amendment) Amendment 4. Section 23 of the Principal Ordinance of section # shall have effect and shall be deemed always to pal Ordinance. have had effect as if— (a) a colon were substituted for the full-stop at the end thereof; und (b) the following proviso were inserted immediately thereafter— *“ Provided further that when the name of any school is added to the Schedule such addition shall take effect as if the name of such school had been inserted in the Schedule at the commence- ment of this Ordinance.”’. R. Sr. J. O. Wayne, President. Passed the Legislative Council this 22nd dav of May, 1054. J. L. Ropiyson, Clerk of the Counetl. ANTIUGA, Printed at the Government Printing Office, Leeward Islands, by KE. M. BhackMANn, Government Printer. By Autharity. 196-4, —4A75—8.04, Price 9 cents, No. 4 of LOD4. Ornematoyruphe (General Legislature Competency) (Revocation of Declara- tion and Pepea!), (L.S. ] I AssrEnr, Kk. W. BrackpurNE, Governor. 15th July, 1954. [15th July, 1954} ANTIGUA. No. 4 of 1954. An Ordinance to revoke the declaration embodied in the Cinematographs ((reneral Legislature Competency) Ordinance, 1981 and to repeal the said Ordinance. WHEREAS pursuant to the provisions of paragraph (r) of subsection (1) of secon 10 of the Leeward Islands the Acts, 1871 to 1950, the Legislature of the Presidency by the Cinemato- graphs ((seneral Legislature Competency) Ordi- nance, 1931, declared that it shall be within the competency of the General Legislature to make laws for the Colony or any part thereof controlling the use, housing, censorship and licensing of all cinematographs or cinematograpb exhibitions or persons carrving on the business of exhibiting films, or any other matter or thing in connection with the use and control of cinemato- graphs: AND WHEREAS it is now considered desirable to revoke the said declaration and to repeal the Cinematoeraphs (General Legislature Competency) Ordinance, 1951: BE TT THEREFORE ORDAINED by the Governor and Legislative Council of Antigua as follows:— 1. This Ordinance may be eitet es the Cinematourap ts (General Legislature Competency ) ANTIGUA., Preamble. Short title. ANTIGUA, Revocation of declaration and repeal. 6{L93 1. Repeal. 15/1952, * 7 - Sted Qa 2 Cinemutographs (General Legislature No. 4 of Ld. Competency) (Revocation of Declara- dion ana Repeat), (Revocation of Declaration and Repeal) Ordinance, 1954. 2. The declaration embodied in section 2 of the Cinematographs (General Legislature Com- petency ) Ordinance, 1951, is hereby revoked and the said Ordinance is hereby repealed. 3. The Cinematographs (General Legisla- ture Competency) (Repeal) Ordinance, 1952 is hereby repealed, R. Sr. J. O. Wayne, President. Passed the Legislative Council this 22nd day of May, 1954. J. L. Ropinson, Clerk of the Council, ANTIGUA, Printed at the Government Printing Office, Leeward Tslunds, by EB. M. Buackman, Government Printer,— By Authority. 1954, —475—d. 54. L’rice 4 cents, No. 5 of 1954. Petroleum (.lmendment). ANTIGUA. [L.S.] L Assent, K. W. BriacksBurne, (rovernor. 15th July, 1954. (15th July, 1954] ANTIGUA. No. 5 of 1954. An Ordinance to amend the Petroleum Ordinance, 1949. BE IT ORDAINED by the Governor and Legislative Council of Antigua as follows:— 1. This Ordinance may be cited as the Short Title. Petroleum (Amendment) Ordinance, 1954, and ee shall be read as one with the Petroleum Ordinance, 1949, hereinafter called the Principal Ordinance. 2. Section 17 of the Principal Ordinance is Aen dinent oi e of section hereby amended by the insertion between the Gf principal words “ Ordinance’? and “shall” in the second Ordinance. line thereof of the words ‘‘for which no special penalty is provided”, 3. The Principal Ordinance is hereby Insertion of , 4 e eye ; , so aur ew sections amended by the insertion of the following uew jy principal sections uumbered 12A and 126 respectively Ordinance. between sections 12 and 18— i YS) i7 ay er eras a : ip nett wel, 2 ce f t . - “124A. (1) Whenever any aceident which Nvtice to he i i eee a given of acci- occasions loss of life or personal injury occurs dents eon- by explosion or fire in or about or in connec- nected with a ra - vola G ‘ion with any Government petroleum ware- petroieum, house, licensed petroleum warehouse, specially licensed tank, supply pump, garage, service station or bulk storage installation, the occu: pier or person in charge of such premises shall, if the explosion or fire involved volatile ANTIGUA. Enquiry into accideuts connected with volatile petroleum. 2 Petroienm (Amendment). No. 4 of 1954. ee forthwith send or cause to be sent to the Labour Commissioner of the Presidency notice of the accident and of the loss of life or personal injury. (2) Where, in, about, or in connection with any ship or vehicle on which volatile petroleum is being conveyed or loaded or from which petroleum is being unloaded, any accident which occasions loss of life or personal injury occurs by explosion or by fire, the owner or person in charge or master of the ship or vehicle shall, if the explosion or fire involved volatile petroleum, forthwith send or cause to be sent to the Labour Commissioner of the Presidency notice of the aecident and of the loss of life or personal injury, but this provi- sion shall not apply where the volatile petro- leam conveyed or loaded on, or unloaded from the ship or vehicle or in any case in which such notice as aforesaid is otherwise required by law to be sent to some Govern- ment officer or department. (3) Livery such occupier, owner, person in charge or master as aforesaid who fails to comply with any of the provisions of this sec- tion shall be liable on sum: ary conviction to a fine not exceeding one hundred dollars. 12B. (1) The Governor in Council may, When he considers it expedient to do so, direct a formal investigation to be held into any accident of which notice is required by this Ordinance to be given to the Labour Comunissioner of the Presidency, and into its causes and circumstances, and with respect to any such investigation the following provi- sions shall have effeet— (a) the Governor may appoint a com- petent person to hold the investigation, and may appoint any person possessing legal or special knowledge to act as assessor in holding the investigation ; (b) the person or persons so 2xppointed (hereafter in this section referred to as “ the ew ee : NO. 8 OF 1954 Leeder: (bie mes ‘), a court”) shall hold the investigition in open court in such inmanner and under such condi: tions as the court may think most elfectual for ascertaining the causes ‘and circumstances of the accident and for enabling the court to make the report in this section mentioned; (¢) the court shall have for the purposes of the investigation all the powers of a Magistrate's Court when exercising: criminal jurisdiction and, in addition, power— (i) to enter and inspect any place or building the entry or inspection whereof appears to the court requi- kite for the said: purposes; (i) by summons signed by the court. to require the attendance of all such persons as it thinks fit to eall before it aud examine for the said purposes, and to require answers or returns to such enquiries as it thinks fit to mike; (iii) to require the production of all books, papers, and doeuments which it considers relevant; (iv) to administer an oath and require any person examined to make and sign a declaration of the truth of the statements made by him in_ his examination; (d) persons attending as witnesses before the court shall be allowed such allowances, travelling expense. and fees as would be allowed to witnesses summoned to attend the Circuit Court on a criminal trial and in’ ease of dispute as to the amount to be allowed, the dispute shall be referred by the court to the Registrar, who, on request signed by the court, shall ascertain and certify the proper amount of such allowances travelling expenses and fees; (e) the court shall make a report to. the Governor in Council statipg the causes and AATICUA, ANTIGUA, 4 Pelrolaim (Amendment). No. 5 of 1944. circumstances of the accident and adding any observations which the court thinks right to make; (7) the court may require the expenses incurred in and about an investigation under this section (including the remuneration of any persons appointed to act as ASSESSOIS ) to be paid in whole or part by any person summoned before it who appears to the court to be, by reason of any act or default on his part or on the part of any servant or agent of his, responsible in any degree for the occur- rence of the accident, but any such expenses not required to be so paid shall be paid out of the general revenues of the Presidency ; (7) any person who without reasonable excuse (proof whereof shall lie on him) either fails, after having had the allowances, travel- Jing expenses and fees (if any) to which he is entitled tendered to him, to comply with any summnonus or requisition of the court, or pre- vents or impedes the court in the execution of its duty, shall be guilty of an offence, and shall be liable on summary conviction to ‘a fine not exceeding fifty dollars or to imprison- ment for a term not exceeding three months, and, in the case of a failure to comply with the requisition for making any return or pro- ducing any document, if the failure in respect of which ‘a person was so convicted is con- tinued after the conviction, he shall be guilty of a further offence and shall be Hable on sumimary conviction to a fine of twenty-five dollars for every day on which the failure was so continued, 5 mp fy 1 Ht 1 (2) The Governor in Council may cause the report of Uh court to be made publie at such time apd in such manneras he thinks fit.” Ko sr. dO. Warsi, Presiaent, No. 5 of 1954. Petroleum (Amendment). 5 Passed the Leyislative Council the 22nd day of May, 1954. J. L. Roptnsoy, Clerk of the Council. “ ANTIGUA ANTIGUA. Printed at the Government Printing Office, Leeward Islands, by E. M, BLACKMAN, Government Printer. —By Authority. 1904, —~AIN— 8.54, Price 7 cents. “ No. 7 of 1954. Virgin Islands Constitution VIRGIN and Elections. ISLANDS. Assent by the Governor, 18th June, 1954. Signed in token of such Assent. H. A. C. Howarp, Commissioner, 18th June, 1954, VIRGIN ISLANDS. No. 7 of 1954. An Ordinance to reconstitute the Legislative Council of the Presidency and to provide for the registration of persons entitled to vote at elections of members of such Council and to regulate the procedure at such elections and for other purposes in connection with the matters aforesaid. BE IT ORDAINED by the Governor and Legislative Council of the Virgin Islands as follows:— PART I. PRELIMINARY. 1. This Ordinance may be cited as the short Title. Virgin Islands Constitution and Elections Ordi- nance, 1964. 2. (1) In this Ordinance, unless the context Interpretation. otherwise requires— ‘Commissioner’? means the person for the time being holding the office of Commis- sioner of the Presidency and includes - every person for the time being acting as such in his stead; “Council”? means the Legislative Council of the Presidency ; ‘Deputy President” means the member of the Council elected by the Council in accordance with the provisions of section 19; VIRGIN 2 Virgin Islands Constitution No. 7 of 1954, IsLANDS. and Llections, ‘dollars’ means dollars in the currency. of the Colony ; “election”? means an election of » member or members to the Council; “election officer” includes a registering officer, returning officer, every presiding officer, poll clerk or other person having any duty to perform pursuant to this Ordi- nance, to the faithful performance of which duty he may be sworn; ‘* electoral district ’’ means an electoral district as constituted under section 36; “Governor”? means the Governor and Com- mander in Chief for the time being of the Leeward Islands and includes every per- son for the time being administering the Government of the Leeward Islands and, to the extent to which a Deputy for the Governor is authorised to act, that Deputy ; “meeting” means any sitting or sittings of the Council commencing when the Coun- cil first meets after being summoned at any time and terminating when the Council is adjourned s’ne die or at the conclusion of a session; ‘‘minister of religion” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship; Form No. 16 ‘poll book’? means the book in the form ‘set out as Form No. 16 in the Second Schedule in which the name and other particulars of every person applying to vote are consecutively entered by the poll clerk as soon as the applicant’: right to vote at the polling station has been ascertained and before any such applicant is allowed to vote; eo ay ' “No. 7 0f 1954. = Virgin Islands Constitution 3 and Elections, “ polling day ’ means the day fixed for hold- ing the poll at an election; “polling division” means any polling division constituted in accordance with the pro- visions of section 37; “polling station” means any room secured by the returning officer for the taking of the votes on polling day; “proclamation” means a written or printed notice under the hand of the Governor or the Commissioner, as the case may be, published by his order in the Presidency ; “ public office”? means, subject to the provi- sions of subsection (4) of this section, any office of emolument in the public service or any office of emolument under a municipal corporation within the Presi- dency; “public officer’? means the holder of any public office and includes any person appointed to act in any such office; “public service” means the service of the Crown in respect of the Government of the Presidency or of the Colony; “rejected ballot paper’ means a ballot paper which has been handed by the presiding officer to a voter to cast his vote but which at the close of the poll has been found in the ballot box unmarked or so improperly marked that in the opinion of the returning officer it cannot be counted ; “returning officer? means, in relation to an electoral district, the officer appointed by the Commissioner in that behalf under section 39; “revising officer” means the person appointed under section’ 47 for the purpose of revising and settling the list of voters mentioned in section 43; VIRGIN ISLANDS, Vrain 4. Virgin Islands Constitution No.7 of 1944. ISLANDS. and Elections. ‘* Schedule’? means Schedule to this Ordi- nance; * Section ’’ means section of this Ordinance; ‘session’ means the meetings of the Coun- cil commencing when the Council first meets after being constituted under this Ordinance, or after its prorogation or dissolution at any time, and terminating when the Council is next prorogued or is dissolved without having been prorogued; “sitting” means a period during which the Council is sitting continously without adjournment, and includes any period during which the Council is in Com- mittee; ‘spoiled ballot paper’? means a ballot paper which, on polling day, has not been deposited in the ballot box but has been found by the presiding officer to be soiled or improperly printed, or which has been handed by the presiding officer to a voter to cast his vote, and (a) has been spoiled in marking by ' the voter; and (b) has been handed back to the presiding officer and exchanged for another; “the appointed day” means the day appointed by the Commissioner under paragraph (a) of subsection (3) of section 44; “the preliminary list” means the list of voters mentioned in subsection (1) of section 43; ‘‘voter”’ means any person who votes or is entitled tc vote at an election; ‘¢ Writ’? means the writ for an election. No. 7 of 1954. Virgin Islands Constitution 5 Virciy and Hlections. [sLanDs. (2) Where in this Ordinance— Mode of publication. (a) any notice, list or any other instru- ment is required to be “ published”, then, unless the contrary intention appears in any section, the publication thereof shall be made by posting the same on the door of any Court House, Church, Chapel, School-house or other building in the Presidency whieb in the opinion of the Commissioner will give pub- licity to such instrument. And in places where there is no such building as aforesaid, such instrument may be affixed to a board and fastened up in a conspicuous place; and (6) any paper, list or report is required Mode of to be printed under the provisions of this Printins. Ordinance such paper, list or report may, instead of being so printed be represented or reproduced by means of a typewriter, roneo, cyclostyle or other similar apparatus or by any other method by which words, figures or signs may be represented or reproduced in visible form. (3) References in this Ordinance to Her Majesty's dominions shall have effect as if they included references to all British protectorates and British protected states and to all territories administered by the Government of any part of Her Majesty’s dominions under the trusteeship system of the United Nations. (4) For the purposes of this Ordinance a per- son shall not be considered to hold u public office if he is on leave of absence pending relinquishment of such office or by reason only that he is in receipt of a@ pension or other like allowance in respect of service in any such office; and if it shall be declared ‘ by any law in force in the Presidency that an office shall not be a public office for all or any of the purposes of this Ordinance, this Ordinance shall have effect accordingly ax if such law were enacted herein, VIRGIN TIsLANDS. 12, 13 & 14 Geo. 4 ¢. 92. 11 & 12 Geo, 6 c. 56, 12 & 13 Geo. 6 ce. 41 Abrogation of existing Council and constitution of new Legisla- tive Council. Composition of Council. Official Members. . 6 Virgin Islands Constitution No. 7 of 1954. and Elections. (5) Where inthis Ordinance reference is made to any officer by the term designating his office, such reference shall be construed as refer- ence to the officer for the time being lawfully discharging the function of that office. (6) This Ordinance shall be construed— (a) as if subsection (1) of section 1 of the India (Consequential Provision) Act, 41949, applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection; and (6) as if subsection (2) of section 3 of the British Nationality Act, 1948, (as inter- preted by subsection (1) of section 3 of the Ireland Act, 1949) and subsection (2) of section 3 of the Ireland Act, 1949, applied to it as those subsections apply to laws in force at the date of the commencement of those Acts respectively. PART II. ConsTITUTION AND Powers oF CoUNCIL, ETC. 8. As from the date of the coming into operation of this Ordinance the Legislative Council of the Presidency now subsisting and all and every privileges of that body shall cease and determine - absolutely, and in place of the said Council there shall be in and for the Presidency a Council which shall be constituted in such manner and have such powers as are provided in this Ordinance. 4. The Council shall consist of the Commis- sioner, two official members, two nominated members and six elected members. 5. (1) The official members of the Council shall be such persons holding office in the public service as may be appointed by office or by name by the Governor by Instrument under the Public Seal of the Presidency. (2) The Governor shall forthwith report to Her Majesty through a Secretary of State every appointment made under this section, No. 7 of 1954. Pirgin ‘Tslands Constitution "7 -and Hlections. 6. (1) Subject to the provisions of section 11 the nominated members of the Council shall be British subjects of the age of twenty-one years or upwards and shall be appointed by the Governor by Instrument under the Public Seal of the Presidency. (2) The Governor shall forthwith report to Her Majesty through a Secretary of State every appointment of any person to be a nominated member of the Council. 7. The elected members of the Council shall be persons qualified for election in accordance with the provisions of, and elected in the manner pro- vided by, this Ordinance. 8. After the Cominissioner the members of the Council shall take precedence as Her Majesty may specially assign aud in default thereof as follows:— First, the official members according to the priority of the Instruments appointing them to be members or, if appointed by the same Instrument, according to the order in which they are named therein; secondly, persons temporarily appointed under Section 16 to fill vacancies in the number of persons sitting in the Council as official members in such order as the Governor may assign ; thirdly, the nominated and elected mem- bers according to the respective dates of the Instraments appointing them or upon which they were declared elected, as the case may be. If as regards two or more members other than official members such dates coincide, the members shall take precedence (a) in the case of two nominated members appointed by the same Instru- ment, in the order in which they are named therein; VIRGIN IsLANDs. Nominated Members. Elected Members. Precedenee of Members, VIRGIN IsLANDS. Power to summon public officer to attend meetings of Council. Qualifications for elected membership. Disqualifioa- tions for nominated or elected membership. 8 Virgin Isla ids Constitution No.7 of 1954. and Elections. (d) in the case of two elected mem- bers, in a two-member constituency not ~ having obtained the same number of votes, according to the number of votes obtained by each; (c) in any other case according to the alphabetical order of their names. 9. (1) The Commissioner may summon to the Council any public officer, notwithstanding that such officer may not: be a member of the Council, when in the opinion of the Commissioner the business before the Council renders the presence of such officer desirable. (2) Any public officer so summoned shall be entitled to take part in the proceedings of the Council relating to the matter in respect of which he was summoned but shall not thereby become a member of the Council and shall not have the right to vote in the Council. 10. Subject to the provisions of section 11, any person who— (a) is a British subject of the age of twenty-one years or upy rards ; und (6) has resided in the Presidency for a period of twelve months immediately pre- ceding the date of his nomination for election, or is domiciled in the Presidency and is resi- dent therein at the date aforesaid, shall be qualified to be elected as an elected member of the Council, and no other person shall be qualified to he so elected, or, having been so elected, shall sit or vote in the Council. 11. No person shall be qualified to be appointed as a nominated member or elected as an elected member of the Council who— (a) is, by virtue of his own act, under any acknowledgement of allegiance, obedi- ence or adherence to a foreign Power or State; No. 7 of 1954. = Virgin Islands Constitution 9 VuRGIN and Elections. IsLanps. (6) (Gi) in the case of a nominated member, holds any public office; or (ii) in the case of an elected member holds, or is acting in, any public office; (c) is a minister of religion; (d) is an undischarged bankrupt, hav- ing been adjudged or otherwise declared hankrupt under any law in force in any part of Her Majesty’s dominions; (cv) has been sentenced by a court in any part of Her Majesty’s dominions to death or to imprisonment (by whatever name called) fora 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 therefor, or received a free pardon; (7) is disqualified for membership of the Council under the provisions of this Ordinance; (vy) is a lunatic so found under any law in force in the Presidency; (h) (i) in the case of a nominated member, is a party to, or a partner in a firm, or a director or manager of a company which isa party to any contract with the Government of the Presidency or of the Jolony, for or on account of the public service, and has not disclosed to the Com- missioner the nature of such contract and his interest, or the interest of such firm oy company therein; or (ii) in the ease of an elected mem- her, is a party to, or a partner in a firm, or a director or manager of: a vompany, which is a party to, any con tract with the Government of the VIRGIN IsnaNnps. Tenure of office of nominated and elected members. 10 -Virgmn Islands Constitution No, 7 of 1954. and slections. Presidency or of the Colony, for or on account of the public service, and has not, within one month before the day of election, published in the English language in the (razedte a notice setting out the nature of such contract, and his interest or the interest of such firm or company, therein. 12. (1) Subject to the provisions of this Ordinance every official member of the Council appointed by name and every nominated mem- ber of the Council shall hold his seat in the Council during Her Majesty’s pleasure. (2) Every official member of the Council appointed by name and every nominated or elected member of the Council shall in any case cease to be a member at the next dissolution of the Council after his appointment or election, or previously thereto if his seat become vacant under the provisions of this Ordinance. (3) The seat of a nominated or elected mem- ber of the Council shall become vacant— (a) upon his death; (6) if, without the leave of the Commis- sioner previously obtained, he shall be absent from three consecutive meetings of the Council; () if he shall cease to be a British sub- ject, or shall take any oath, or make any declaration or acknowledgement of allegiance, obedience or adherence iy any foreign Power or State; or do, concur in or adopt any act done with the intention that he shall become a subject or citizen of any foreign Power or State; (d) if he shall be adjudged or otherwise declared bankrupt under any law in force in any part of Her Majesty’s dominions; No. 7 of 1954. Virgin Islands Constitution 11 Vircin and Elections. IsLaNDs. (e) if he shall be sentenced by a court in any part of Her Majesty’s dominions to death or imprisonment (by whatever name called) for a term exceeding twelve months; (/) G) if, being a nominated member, he shall be appointed permanently to any public office; or = *2 (ii) if, being an elected member, he shall be appointed to, or to act in, any public office ; (7) if he shall become subject to any of the disqualifications specified in paragraph (¢), (7) or (g) of section 11; (h) if he shall become a party to any contract with the Government of the Presi- dency or of the Colony for or on account of the public service or if any firm in which he is a partner, or any company of which he is a director or manager, shall become a party to any such contract, or if he shall become a partner in a firm, or a director or manager of a company, which is a party to any such contract: Provided that, if in the circumstances it shall appear to him or them to be just so to do, the Commissioner may exempt any nomi- nated member and the Council may exempt any elected member from vacating his seat under the provisions of this paragraph, if such member shall, before becoming a party to such contract as aforesaid, or before, or as soon as practicable after becoming otherwise interested in such contract (whether as partner ina firm or director or manager of a company ) disclose to the Commissioner or to the Coun- cil, us the case may be, the nature of such contract and his interest or the interest of any such firm or company therein. (4) A nominated member of the Council may by writing under his hand addressed to the Governor and an elected member of the Conncil muy by writing under his hand addressed to the VirGIN IsLANDS. Vacancies not to prevent transaction of business, Decision of question as to ‘membership. Filling of vacancies. 128 Virgin Isluads Constitution No. 7 of 1954. and Ivlections. Commissioner resign his seat on the Council. The seat of any such nominated member shall become vacant upon the acceptance of his resignation by the Governor, and the seat of an elected member shall become vacant upon the receipt of his resigna- tion by the Commissioner. (5) If any nominated member ef the Council shall be appointed temporarily to, or to act in, any public office, he shall not sit or vote in the Council by virtue of his appointment as a nominated mem- ber so long as he continues to hold, or to act in, that office. (6) Any person whose seat in the Council has become vacant may, if qualified, again be appointed or elected as a member of the Council from time to time. 13. The Council shall not be disqualitied for the transaction of business by reason of any vacancies in the membership of the said Council, including any vacancies not filled when the Council is first constituted or is reconstructed at any time; and any proceedings therein shall be valid notwith- standing that some person, who was not entitled to do so, sat or voted in the Council or otherwise took part in the proceedings. 14. (1) All questions which may arise as to the right of any person to be or remain a nomina- ted member of the Council shall be referred to and . be determined by the Governor. (2) All questions which may arise as to the right of any person to be or remain an elected member of the Council shall be referred to and determined by the Supreme Court in accordance with the provisions of any law in force in the Presidency. 15. (1) Whenever the seat of a nominated member of the Council becomes vacant the vacancy shall be filled by appointment by the Governor in accordance with the provisions of this Ordinance, ‘No. 7 of 1954. Virgin Islands Constitution 18 and Llectuns, (2) Whenever the seat of an elected member | of the Council becomes vacant the vacancy shall be filled by election in accordance with the provisions of this Ordinance. _ 16. (1) Whenever there shall be a vacancy in the number of persons sitting as official or nomi- nated members of the Council by reason of the fact that— (a) an official member is discharging the functions of Commissioner; or (0) an official member appointed by reference to his office is lawfully discharging the functions of another official member; or (c) an official member is appointed by reference to his office and no person is law- fully discharging the functions of that office; or (a) an official or nominated member is suspended, as provided in section 17, from the exercise of his functions as a member; or -(e) an official or nominated member is declared to be incapable, by reason of illness, as provided in section 17, of discharging his functions as a member; or (7) an official or a nominated member is absent from the Présidency ; or (g) a nominated member is appointed temporarily to, or to act in, any public office, the Governor may by Instrument under the Public Seal of the Presidency appoint a person to be a temporary member for the period of such vacancy. (2) If the vacancy is in the number of persons sitting in the Council as official members, the person appointed shall be a person holding an office in the public service; and if the vacancy is in the number of persons sitting in the Council as nominated members, the person appointed shall be a person qualified for appointment as a nominated member. VirGIN IsLaNDs, Temporary Members. VirGin IsLANDS, Suspension etc of nominated members. 14 Virgin Islands Constitution No. 7 of 1954. and Elections, (8) (a) For the purposes of this Ordinance, but subject to the provisions of this section, a person appointed under the provisions of this sec- tion to fill a vacancy in the number of persons sitting in the Council as official members shall, while his appointment subsists be deemed to be an official member of the Council and, subject as aforesaid, the provisions of this Ordinance shall have effect accordingly. (6) Every such person shall hold his appointment during Her Majesty’s pleasure. (c) The provisions of section 14 shall apply in relation to any such person as they apply in relation to a nominated member of the Council, (4) For the purposes of this Ordinance, but subject to the provisions of this section, a person appointed under this section to fill a vacancy in the number of persons sitting in the Council as nomi- nated members shall, while his appointment subsists, be deemed to be a nominated member of the Council and, subject as aforesaid, the provis- ions of this Ordinance shall have effect accordingly. (5) The Governor shall forthwith report every appointment made under this section to Her Majesty through a Secretary of State, and such appointment may (without prejudice to anything done by virtue thereof) be revoked by the Gover- nor by Instrument under the Public Seal of the Presidency. (6) An appointment made under this section shall cease to have effect on notification by the Commissioner to the person appointed of its revo- cation by the Governor, or on supersession of the appointment by the definitive appointment of a person to fill the vacancy, or when the vacancy shall otherwise cease to exist. 17. (1) The Governor may, by Instrument under the Public Seal of the Presidency, suspend any official or nominated member from the exercise of his functions as a member of the Council, ‘No, 7 of 1954. Virgin Islands Constitution 15 and Mections, Every such suspension shall be forthwith reported by the Governor to Her Majesty through a Secre- tary of State and shall remain in force unless and until either it shall be removed by the Governor by Instrument under the said Seal or it shall be disallowed by Her Majesty through a Secretary of State and such removal or disallowance shall be published in the Gazeéée, or until the person suspended ceases to be a member of the Council, (2) The Governor may, by Instrument under the Public Seal of the Presidency, declare any official or nominated member of the Council to be, by reason of illness, temporarily incapable of discharging his functions as a member of the Council, and thereupon such member shall not sit or vote in the Council until he is declared, in manner aforesaid, again to be capable of discharg- ing his said functions. 18. The sessions of the Council shall be held at such times and places as the Commissioner shall from time to time by proclamation appoint. There shall be at least one session of the Council in every year, so that there shall not be an interval of twelve months between the last sitting in one session and the first sitting in the next session. 19. (1) The Council shall— (a) at its first sitting after the, coming into operation of this Ordinance; (6) at its first sitting after any dissolu- tion of the Council; (c) at its first sitting after the occurrence of a vacancy in the office of Deputy President from any cause other than a dissolution of the Council, or as soon thereafter as may be convenient, elect a member from among the elected and nominated members to be Deputy President of the Council. (2) Such person shall vacate the office of Deputy President— (a) upon a dissolution of the Council; or VIRGIN IsLANDS. Sessions of the Council. Deputy President. VIRGIN Isnanps. Presiding in the Council, Governor's right to address Council. Oath of Allegiance. Quorum. 16 Virgin Ls'ands Constitution No.7 of 1954, and Hlections, (5) upon his ceasing to be a member of the Council for any reason other than a dissolution of the Council. (3) A person shall, if qualified, be eligible for re-election to the office of Deputy President’ from time to time. (4) The Deputy President may by writing under his hand addressed to the Commissioner resign his office; and, upon receipt of such resigna- tion by the Commissioner, the office of Deputy President shall become vacant. 20. The Commissioner, - if present, shall preside at meetings of the Council, and in his absence the Deputy President or, in the absence of the Deputy President or if there be no Deputy President, the official member present who stands first in order of precedence shall preside. 1. The Governor shall have the right of. addressing the Council at any time when he shall think fit. 22. Except for the purpose of enabling this section to be complied with, no member of the Council shall sit or vote therein until he shall have taken and subscribed the following oath before the Commissioner or some person authorised by the Commissioner to administer such oath:— “T, A. B., do swear that I will be faith- ful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law. So help me God!” __ Provided that any person authorised by law to make an affirmation instead of taking an oath may make such affirmation in like terms instead of taking the said oath. ' 28. No business except that of adjourn- ment shall be transacted if objection is taken by any member present that there are less than five members present besides the Commissioner or other member presiding. "No.7 of 1954. = Virgin Islands Constitution 17 und Elections. 24. Subject to the provisions of section 31 all questions proposed for decision in the Council shall be determined by a majority of votes of those present and voting. The Commis- sioner or the Deputy President or other member when presiding shall not have an original vote on any question, but shall have a casting vote if the votes shall be equally divided. 25. (1) The Governor may at any time, by proclamation, summon, prorogue or dissolve the Council. (2) The Governor shall dissolve the Council at the expiration of three years from the date of the return of the first writ at the last preced- ing general election, if it shall not have been sooner dissolved. 26. There shall be a general election at such time, within four weeks of the coming into operation of this Ordinance, and thereafter within two months after every dissolution of the Council, as the Commissioner shall by proclama- tion appoint. 27. Subject to the provisions of this Ordinance and the Standing Orders of the Coun- cil, any member may introduce any Bill or propose any motion for debate in, or may present any petition to, the Council and the same shall be debated and disposed of according to the Standing Orders: Provided that, except with the recommen- dation or consent of the Commissioner signified thereto, the Council shall not proceed upon any Bill, amendment, motion or petition which, in the opinion of the Commissioner or the Deputy President or other presiding member, would— (a) dispose of or charge any public revenue or public funds of the Presidency or revoke or alter any disposition thereof or charge thereon, or impose, alter or repeal any rate, tax or duty; or (6) suspend the Standing Orders of the Council or any of them. ViRGIN IsLaNDs. Voting. Prorogation & dissolution. General eleotiona. Introduction of Bills, etc. VIRGIN IsLANDs, Power to make laws, Standing Orders. Penalty for unqualified person sitting or voting. 18 Virgin [slands Constitution No. 7 of 1954.+ and Llections. 28. Subject to the provisions of this Ordi- nance, it shall be lawful for the Governor, with the advice of of the Council, to make laws for the peace, order and good government of the Presidency. 29. (1) Subject to the provisions of this Ordinance and of any Instructions under her Majesty’s Sign Manual and Signet, the Council may from time to time make, amend and revoke Standing Orders for the regulation and. orderly conduct of its own proceedings and the despatch of business, and for the passing and intituling of Bills and for the presentation thereof to the Governor for assent; but no such Standing Orders or amendment or revocation thereof shall have effect unless and until they shall have beeu approved by the Governor. (2) Until other provision is made the Standing Rules and Orders of the Legislative Council in force immediately before the coming into operation of this Ordinance shall, with necessary adaptations and modifications, be the Standing Orders of the Council; and the said Standing Rules and Orders may be amended or revoked by Standing Orders made under sub- section (1) of this section. 30. (1) Any person who— (a) having been elected or appointed a member of the Council, but not having been at the time of such election or appoint- ment qualified to be so elected or appointed, shall sit or vote in the Council; or (6) shall sit or vote in the Council after his seat therein has become vacant or he has become disqualified from sitting or voting therein, ' knowing or having reasonable grounds for know- ing, that he was not so qualified, or that his seat has become vacant or that he has become disqualified, as the case may he, shall be liable toa penalty of ninety-six dollars for every day upon which he so sits or votes, ‘No.7 of 1954. = Virgin Islands Constitution 19 and Lleckons, (2) The said penalty shall be recoverable by action in the Supreme Court at the suit of the Attorney General, Ol. (1) If the Governor shall consider that it is expedient— (a) in the interests of public order, publis faith or of good government (which expressions shall, without prejudice to their generality, include the responsibility of the Presidency as a territory within the British Commonwealth of Nations and all matters pertaining to the creation or abolition of any public office or to the appointment, salary or other conditions of service of any public officer); or (/) in order to secure detailed control of the finances of the Presidency during such time as, by virtue of the receipt of financial assistance by the Presidency from Her Majesty’s Exchequer for the purpose of balancing the annual budget or otherwise, such control rests with “Her Majesty's Government, that any Bill introduced, or any motion pro- posed, iin the Council should have effect, then, if the Council shall fail to pass such Bill or motion within such time and in such form as the Governor may think reasonable and expedi- ent, the Gevernor, at any time in his discretion, may, notwithstanding any provisions of. this Ordinance or of any other law in force in the Presidency or of any Standing Orders of the Council, declare that such Bill or motion shall _ have effect as if it had been passed by the Council, either in the form in which it was so introduced or proposed or with such amendments as the Governor shall think fit which have heen moved or proposed in the Council or any | Committee thereof; and thereupon the said Bill or motion shall have effect as if it had been so passed, and in the case of any such Bill, the VIRGIN IsLANDS. Powers of Governoy, VIRGIN ISLANDS, 1/1899, Royal Instruc- tions. Agsent to Bills. 20 = Piryin Islands Constitution No. 7 of 1954, and Elections, provisions of this Ordinance relating to assent to Bills and disallowance of laws shall have effect, "accor dingly. (2) The Governor shall forthwith report toa Secretary of State every case in which he shall make any such declaration and the reasons therefor, (3) If any member, of the Council objects to any declaration made*under subsectiun (1) of this section, he may, within seven days of the making thereof, submit to the Governor a state- ment in writing of his reasons for so objecting, and a copy of such statement shall, if furnished by such member, be forwarded by the Governor as soon as practicable to a Secretary of State. (4) Any such declaration relating to a motion may be revoked by a Secretary of State, and the Governor shall ‘cause notice of such revocation to be published in the Gazette; and from the date of such publication any motion which shall have had effect by virtue of the declaration revoked, shall cease to have effect; and the provisions of subsection (4) of section 6 _of the Interpretation of Laws Ordinance, 189%, shall apply to such revocation as they apply to the repeal of an Ordinance, 82. Subject to the provisions of this Ordinance the Governor and the Council shall, in the transaction of business and making of laws, conform as nearly as may be to the diree- tions in that behalf from time to time conveyed to the Governor in any instructions under Her Majesty’s Sign Manual and Signet. 83. (1) No Bill shall become a law until either the Governor shall have assented thereto in Her Majesty’s name and on Her Majesty’s behalf and the Bill shall have been signed by the Gov ernor or by the Commissioner in token of the Governor's assent, or Her Majesty shall have given her assent thereto through a eee of State. 4 No, 7 of 1954. Virgin Eslands Constitution 21 and Elections. (2) When a Bill is presented to the Governor for his assent, he shall, according to his discretion, but subject to the provisions of this Ordinance and of any instructions addressed to him under Her Majesty’s Sign Manual and Signet or through a Secretury of State, declare that he assents or refuses his assent, thereto, or that he reserves the Bil for the signification of Her Majesty’s pleasure. (8) A law assented to by the Governor shall come into operation on the date on which such assent shall be eiven, unless it shall be enacted, either in such law or im some other enactment that it shall come into operation on some other date, in which case it shall come into operation on that date. (4) A Bill reserved for the signification of Her Majesty’s pleasure shall become a law so soon as Her Majesty has given Her assent thereto, through a Secretary of State, and such assent has been signified by proclamation. Every such law shall come into operation on the date of such proclamation, unless it shall be enacted either in such law or in some otber enactment that it shall cone into operation on some other date, in which case it shall come into operation on that date. 34. (1) Any law to which the Governor shall have given his assent may be disallowed by Her Majesty through a Secretary of State. (2) Whenever any law has been disallowed by Her Majesty, the Governor shall, as soon as practi able, cause notice of such disallowance to be published in the (ace/le. (3) Every law so disallowed shall cease to have effect from the date of the publication of such notice; and thereupon any enactment repealed or amended by, or in pursuance of, the law disallowed shall have effect as if such law had not been made, and, subject thereto, the provisions of subsection (4) of section 6 of the Interpretation of Laws Ordinance, IS98, shall apply to such disallowance us they apply to the repeal of an Ordinance, VirGin IsLANDs. Reserved Bills. Disallowance of Ordinances, 1/1899. ViIrGIn IsLanps. Appointment. powers and duties of Supervisor of Elections. Electoral districts. Representa- tion on Council, Polling divisions, re no bo {., Viryin Islands Constitution No.7 of 19: and Llections. PART IIT. EvecroraL Disrricrs anp REGisTRATION or Vorers. 35. The Commissioner shall appoint a Supervisor of Elections who shall:— (aw) exercise general directive and super- vision over the Administrative conduct of elections and enforce on the part of all election officers fairness, impartiality and compliance with the provisions of this Ordinance; (4) issue to election officers such instruc- tions as frem time to time he may deem necessary to ensure effective execution of the provisions of this Ordinance; (c) execute and perform all other powers and duties which by this Ordinance are con- ferred and imposed upon him, 36. (1) For the purposes of the election of members of the Council, the Presidency shall he divided into five electoral districts as detined in the First Schedule. (2) The. Second Electoral District shall be represented on the Council by two elected members. (3) The four other electoral districts shall each be represented on the Council by one elected member. 37. (1) Each Electoral district shall be « polling division. (2) Notwithstanding the provisions of sub- section (1) of this section the Supervisor of Ilections with the approval of the Comnaissioner may divide any electoral distriet tito so tans polling divisions and with such boundaries snd descriptions as he may by notice appoint. Every such notice shall be published. (3) The Supervisor of Elections may in like manner from time to time vary the number. des- eriptions and boundaries of any polling divisions so appointed, No.7 of 1954. Virgin Tie Constitution 9 and 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 communi- eation between various places within the polling division. 38. (1) The Supervisor of Elections shall appoint a person to be the registering officer for each electoral district or for each polling division i an electoral district as the circumstances may require. (2) The Supervisor of Elections may appoint persons as assistant registering officers to assist registering officers in the performance of their duties under this Ordinance. (3) Subject to the authority, directions and control of the registering officer, an assistant regis- tering officer shall have all the powers and may perform any of the duties of a registering ofhicer under this Ordinance. (4) The Supervisor of Elections may at any time revoke any appointment made by him under this section and make another appointment in place thereof. (5) A registering officer shall have such powers and be charged with such duties us herein- after appeuring. (6) Every registering officer shall, before entering on his duties as such, take and subscribe : oe : an oath in the form set out in Form No. 11 in the Second Schedule and shall transmit such oath to the Supervisor of Elections. 39. (1) The Commissioner may on the recommendation of the Supervisor of [Elections appoint a fit and proper person to be the returning officer for each electoral clistrict. (2) The Commissioner may at any time revoke any appointment made by him under this section AY a 1 and make another appointment in place thereof, VIRGIN IsLanns. Appointment of registering officers etc. form No, 11 Appointment of returning officer, VIRGIN ISLANDS. Form No. 12. Taking of Oaths. Remunera- tion of officers, Qualification of voters. 24 Virgin Islunds Constitution No.7 of 1954, and Elections. (3) Forthwith upon his appointment cach returning officer shall take and subscribe an oath in the form set out as Form No. 12 in the Second Schedule and shall transmit such oath to the Supervisor of Elections. 40. (1) Every election officer and every person who is required by Part III or Part IV of this Ordinance to take any oath may take such oath either before a Magistrate, a Justice of the Peace, the Supervisor of Elections or before any returning officer or presiding officer or poll clerk appointed in accordance with the provisions of this Ordinance and every such Magistrate, Justice of the Peace, returning officer, presiding officer, poll clerk and the Supervisor of Elections is hereby authorised and empowered to administer any oath required by the said Part III or Part LV of this Ordinance to be made or taken by any election officer or other person. (2) Every person who is required to take an oath in pursuance of any of the provisions of Part III or Part LV of this Ordinance may elect to make a solemn affimation instead of taking such oath. 41. There shall be paid to the Supervisor of Elections, each registering officer, assistant register- ing officer, returning officer and to any other election officer appointed under this Ordinance such remuneration for their services and such allowances in respect of travelling and other expenses incurred by them as the Governor in Council may prescribe. 42. (1) Subject to the provisions of sub- section (2) of this section, every person who— (a) has attained the age of twenty-one years; and + (6) is not a lunatic so found under any law in force in the Presidency; and (c) is a British subject; and (d) has’ resided in the Presidency for twelve months immediately preceding the date of registration as a voter or is domiciled in the a No. 7 of 1954. Virgin Islands Constitution 25 and Elections. Presidency and is resident therein at the date of such registration; and : (e) is not disqualified under the provi- sions of this Ordinance from being registered as a voter, shall be entitled to be registered as a voter and, when registered, to vote at an election. (2) No person shall be registered as a voter or be entitled to vote at an election who has been sentenced by any courtin Her Majesty’s dominions or in any territory under Her Majesty’s protection to death, penal servitude, or imprisonment for a term exceeding twelve months, and has not either suffered the punishment to which he was sentenced or such other punishment as by competent author- ity may have been substituted for the same or received a free pardon from Her Majesty. 48. (1) As soon as possible after the coming into operation of this Ordinance and there- after in such years as the Commissioner may by proclamation appoint, in no case being more than three years after the date of the return of the first writ at the last preceding general election, a list of voters (hereinafter in this Ordinance referred to as ‘the preliminary list’) shall be compiled for each electoral district of all persons entitled under the provisions of this Ordinance to vote at the election of a member of the Council for an electoral district. (2) A preliminary list shall be compiled for each polling division comprised within an electoral district. (3) If for any cause the registering ofhcer fails to compile the preliminary list for any polling division so that by reason thereof the Register of Voters (as described in subsection (3) of section 49) for the electoral district in which such polling division is comprised cannot be brought into force, the Register of Voters in force .when the new Register of Voters should have come into force shall continue in operation and be deemed to be the Register of Voters for such electoral district, VirGIN IsLNADS. Compiling list of voters. VIRGIN IsLtaNnns Commence- ment of enumeration, Form No. |. 26 Virgin Istunds “onstitution No.7 of 1954. and Elections. registering officer to compile the preliminary list for the electoral district. or polling division, as the case may be, to which he is appointed. 44. (1) It shall be the duty of every (2) Each registering officer shall be qualified as a voter in the electoral district or polling division, as the case may be, for which he had been appointed, and shall preferably be resident therein. (3) Every registering officer shall— (a) commencing on such day (hereinafter ealled ‘the appointed day’) as the Commis- sioner may my proclamation appoint in respect of an electoral district prepare in and for such electoral district and pursuant to the provisions of this Ordinance, « preliminary list of all persons who are qualified as voters in the- polling division comprised therein ; . (6) itamediately after his appomtment affix on two public buildings in his polling division, or if there be no public buildings in the polling division, on two other buildings having first obtained permission from the occupants a copy of a registration notice in the form set out as Form No. 1 in the Second Schedule; (c) on the appointed day proceed to ascertain the name, address and occupation of every person qualified to vote for the election of a member of the Council in the polling division for which he has been appointed and shall obtain the information he may require by a house to house enquiry. The names, addresses and occupations of all voters who are included in the enumeration in the preliminary list shall be written down in the manner and form specified in section 445 with the names of the voters grouped according to the initial letters of their surnames, and with the surname, given names and occupation of each being fully, stated; No.7 of 1954. Virgin Islands Constitution 27 and Elections. (d) exercise the utmost care in pre- paring the preliminary list for the electoral district or polling division for which he has been appointed. He shall take all necessary precautions to ensure that the list when completed contains the name, address and occupation of every qualified voter in the said electoral district or polling division, and that it does not contain the name of any - person who is not so qualified. (4) Any registering officer who wilfully and without reasonable exeuse-— (w) refuses to prepare the preliminary list as provided in paragraph (a) of sub- section (3) of this section; or (4). omits from the preliminary list the name of any person entitled to have his name entered thereon; or (-) enters on the preliminary list the name of any person who is not entitled to have lis name entered thereon, shall be liable on summary conviction to a penalty of two hundred and forty dollars, and in addition to forfeiture of the right to pay ment of his services as a registering officer. 45. (1) A registering officer shall within the space of twenty-one days from the appointed days write down in alphabetical order of their surnames on the preliminary list in the form set out as Form No. 2 in the Second Schedule, the names of all persons residing in the electoral district or polling division, as the case may be, for which he is appointed ‘who are entitled to be registered as voters, and shall cause a copy of such list dated and signed by him to be published. (2) Every preliminary list shall during the hours of business in each day for a period of ten days after the publication thereof he open to inspection of the public tree of charge at such VIRGIN ISLANDS. Penalty. Preliminary list. Form No. 2. VIRGIN ISALNDS. Procedure as to ominissions and objections. Form No. 3. Forms No. 4(1) and No, 4(2). Appointment of revising officer and revision of oe ist. Virgin [slinds Constitution No. 7 of 1954. and Elections. 28 places as the Commissioner may direct in the electoral district to which such list applies and at the Commissioner’s Office in Roadtown. 46. (1) Every person whose name has been omitted from or wrongly stated in the preliminary list and who claims to have his name inserted therein or the mistake rectified, as the case may be, shall within ten days after the publication of such list give notice in writing to the registering officer of the electoral district or polling division, as the case may be, in which he resides in the form set out as Form No. 3 in the Second Schedule. (2) Every person whose name appears in any such list may object to any other person whose name also appears therein as not being entitled to have his name therein, and shall within ten days after the publication of such list give notice in the forms set out as Form No. 4(1) and Form No. 4(2) in the Second Schedule to the registering Officer of the electoral district or polling division, as the case may be, in which he resides and to the person objected to by deliver- ing the same to him personally or by leaving the same at his usual place of abode. (3) Within ten days after the expiration of the ten days mentioned in subsection (2) of this section each registering officer shall prepare a list of all such claims and objections and the names of the persons who have made the same. Such list shall be published and shall be open to the inspection of the public free of charge during the hours of business in each day for a period of ten days after the preparation of such list at such places as the Commissioner may direct in the electoral district to which such list applies and at the Commissioner’s Office in Roadtown. 47. (1) The Governor shall appoint a revising officer for the purpose of revising and settling the preliminary lists in the manner hereinafter provided. Such revising officer may be paid such remuneration for his services and such allowances in respect of travelling and ‘No.7 of 1954. 9 Virgin Islands Constitution 29 and Klections, other expenses incurred by him as the Governor may award, (2) An open court shall be held in one or more places in each electoral district by and before the revising officer for the purpose of revising each preliminary list. (3) The said court shall be held on such day as may be afixed by the revising officer being within four weeks after the publication of the list of claims and objections, and six days notice in the form set out as Form No. 5 in the Second Schedule of the holding of such court and of the place at which the same is to be held shall be published. 48. (1) Upon the production in court by the registering officer of an electoral district or polling division, as the case may be, of the list of claims and objections received by such register- ing officer the revising officer shall go through the same and shall insert. in the preliminary list the name of every person who is proved to his satisfaction to be entitled to have his name inserted therein, rectify any mistake in such preliminary. list of which he is satisfied, and strike out of the said list the name of every person who, upon the application of the objector, is proved to the satisfaction of the revising officer to be disentitled to have his name retained in the said list. . (2) If the objector appears neither in person, nor by counsel, nor by some voter duly author- ised by him in that behalf, the objection shall be overruled, and the name of the person objected to shall be retained in the preliminary list for that electoral district or polling district, as the case unay be. (3) A revising officer holding a court under this Ordinance shall have power to adjourn the same to such time and as often as may be necessary and shall have the same powers for the VIRGIN IsLANDS. Form No. 4, Procedure of court revising preliminary list. VIRGIN IsLANDs. Cap. 61. Cap. 61. Revised pre- liminary lists to be certified and deemed Register of Voters, 30 Virgin Islands Constitution Now of 1954. and Elections, keeping of order in his court as are given toa Magistrate under the Magistrate’s Code of Procedure Act. (4) The revising officer shall in open court determine all claims or objections, and shall write his initials against any name struck out of the preliminary list or inserted therein and against any mistake or omission corrected, and shall sign his name to every page of each preliminary list when the same is finally settled. (5) If the revising officer is of the opinion that the claim or objection of any person is without foundation or is frivolous, he may order such person to pay the actual costs of the inquiry including the costs of witnesses, and such costs shall be recoverable by an action before any court of competent jurisdiction. (6) Any person aggrieved by a decision of the revising officer may appeal to a Judge in accordance with the provisions of the Magistrate’ 8 Code of Procedure Act. 49. (1) On completion of the revision of the preliminary list of each electoral district polling division, as the case may be, the revising officer shall after signing such. lists cause them to be printed and bound separately in respect of each electoral district. (2) The revising officer shall certify such bound lists and shall thereupon transmit one copy thereof to the returning officer for the electoral district to which it relates and one copy to the Supervisor of Elections. (3) The copy of the lists transmitted to the Supervisor of Elections shall be deemed to be the Register of Voters for that electoral district and shall come into force on such date as the Commissioner may by proclamation appoint and shall remain in force until the next Register of Voters is compiled and comes into force in accordance with the provisions of this Ordinance. ‘No. 7 of 1954, 0 Vergin Islands Constitution 31 and Elections, (4) Ifas the result of an appeal from a decision of the revising officer, or for other sufficient cause, ig insertion of any name in the Register of Voters > the deletion of any name therefrom shall be een such insertion or deletion shall be made hy the Supervisor of Llections who shall number any name inserted with the same number aa the preceding name followed by a letter or letters. PART IV. ARRANGEMENTS FOR ELECTIONS. 50. (1) For the purpose of every general election of members of the Council, and for the purpose of the election of members to supply vacancies caused by death, resignation or otherwise, the Commissioner shall issue writs under the Public Seal of the Presidency, addressed to the returning officers of the respective electoral districts for which members are to be returned. Such writs shall be forwarded to the Supervisor of Elections for trans- mission to the several returning officers. - (2) Every such writ shall be in the form set out as Form No. 6 in the Second Schedule, and shall specify the day and place of nomination of sandidates, the day on which, if necessary, the poll shall be taken, being not less ‘than seven days after the day of such nomination, and the day on which such writ shall be fapurnable to the Commissioner. (3) Upon receipt of such writ every returning officer shall proceed to hold the election in the manner hereinafter provided. 51. (1) On receiving such writ, every re- turning officer shall publish a notice in the form set out as Form No. 7 in the Second Schedule of the day and place fixed for the nomination of candidates. | (2) Such notice shall be published at least seven clear days before the day fixed for such nomination. (3) Nomination papers shall be provided by the returning officer and shall be in the form set out as Form No. 8 in the Second Schedule. VirGin ISLANDS. Issue of writs for holding elections. Form No. 6. Notice of place and time of nomination, » Form No. 7. Form, No. 8. VIRGIN IsLANDs, Form No. 9. Withdrawal of candidature. 32 Virgin Islands Constitution No. 7 of 1954: and Elections, (4) On the day and at the place so fixed for the nomination of candidates every returning officer shall attend between the hours of ten o’clock in the forenoon and one o’clock in the afternoon and between the hours of two o’clock and four o’clock in the afternoon and receive the nomination of any duly qualified candidate for the seat to be filled. (5) Every candidate for election shall be nominated on one nomination paper by at least two registered voters of the electoral district for which such candidate seeks election and his consent to nomination shall be given in writing on such nomi- nation paper and attested by one witness: ; Provided that no candidate shall be deemed not to have been validly nominated by reason only of the fact that subsequent to nomination day any person by whom his nomination paper was signed is struck off the Register of Voters for the relevant electoral district. (6) If at four o’clock in the afternoon in an electoral district for which one member is to be returned only one candicate has been nominated for the seat to be filled, and at an election in an electoral district for which two members are to be returned only two candidates have been nominated for the seats to be filled, the returning officer shall declare that candidate or those candidates elected and shall immediately thereafter certify by endorse- ment on the writ the return of such candidate or candidates, as the case may be, in the form set out as Form No. 9 in the Second Schedule and shall return the writ so endorsed to the Supervisor of Elections for transmission to the Commissioner within the time specified for that purpose therein. (7) Any candidate duly nominated may, not less than three clear days before the day fixed for taking the poll, withdraw from his candidature by giving notice to the effect, signed by him, to the returning officer; provided that on such withdrawal there remain not less than two duly nominated "No.7 of 1954. Virgin Islands Constitution 38 and lleetions, candidates in an electoral district for which one member is to be returned and not less than three duly nominated candidates in an electoral district for which two members are to be returned, (8) If any such candidate withdraws from his candidature in accordance with subsection (7) of this section, or dies before the day fixed for taking of the poll, the returning officer shall in the manner mentioned in subsection (9) of this seetion forth- with give publie notice ef such withdrawal or death; and all proceedings with reference to the election shall be commenced afresh in all respects as if the writ had been received on the day of such withdrawal or death, as the case may be, and the provisions of the preceding subsections of this section shall have effect accordingly ; ; Provided that no fresh nomination shall be necessary in the case of any candidate who has been ralidly nominated in accordance with sub- section (5) ‘of this section. (92) The notice meutioned in subsection (8) of this section shall be published. 52. (1) A candidate for election, or some- one on his behalf, shall deposit with the returning officer, on or before the day of his nomination, the sum of ninety-six collars, and, if he fails to do SO, the nomination of such “andidate shall be deamed to be withdrawn. (2) The deposit may be made in any legal tender, or, with the consent of the returning officer, in any other manner. (3) The full amount of every deposit made under subsection (1) of this section shall forthwith after its receipt be transmitted by the returning officer to the ‘Treasurer of the Presidency. (4) If after the deposit is made the candida- ture is withdrawn in accordance with the provisions of subsection (7) of section 51 the deposit shall be returned by the Treasurer of the Presidency to the person by whoi it was made; and if the candidate dies after the deposit is made and before the VIRGIN JSLANDS. Deposit. VIRGIN IsLaNDs. - When deposit forfeited or returned. Contested elections, publicatian of date and place, etc. Form No. 10. Power to adjourn poll, 34 9 Vairyin Islands Constitution No. 7 of 1954, and Llections, taking of the poll, the deposit, if made by him, shall be returned to lis legal personal representa- tive, or, if not made by him, shall be returned to the person by whom it was made. 53. (1) If a candidate who has made such deposit ig not elected and the number of votes polled by him does not exceed one-sixteenth of the total number of votes polled, the amount deposited shall be forfeited to the Crown; in any other case the deposit shall be returned ‘by the Treasurer of the Presidency, as soon as practierble after the result of the election is declared, to the candidate, his legal personal representative, or-the person by whom the deposit was made, as the case may be. (2) For the purposes of this section the number of votes polled shall be deemed to be the number of the ballot papers (other than rejected ballot papers) counted. 54. (1) If in an electoral district there shall be more candidates duly nominated than there are seats to be filled, a poll shall be taken, and in such case the returning officer shall adjourn the election to the day specified in the writ, and the poll shall be taken on such day in the manner hereinafter provided. (2) The returning officer shall, as soon as practicable after adjourning the election, publish a notice in the form set out as Form No. LO in the Second Schedule specifying the day and time on which and the locations of the polling stations in the electoral district at. which the poll will be taken and of the names of the candidates nominated for election and of the place where and the day and time when the number of votes given to the several candidates for such electoral district. will be counted. (3) Where the proceedings at any polling station are interrupted or obstructed by riot, or open violence, or by the occurence of any earth- quake, hurricane, flood, fire, outbreak of pestilence or outbreak of infections disease or other calamity No.7 of 1954. Virgin Islands Constitution 35 and lvlections, whether similar to the foregoing or not, the presiding officer may adjourn the Proceedings till the following day and thereafter from day to day as may be necessary and shall forthwith give notice to the returning officer. (4) Where the poll is adjourned at any polling station— VIRGIN ISLANDS, (a) the hours of polling on the day to . which it is adjourned shall be the same as for the original day; and (v) references in this Ordinance to the close of the poll shall be construed accerdingly. 55. (1) On the day named in the notice published under the provisions of subsection (2) of section 54 for the taking of the poll the return- ing officer hall cause to be opened in the electoral district to which he is appointed such number of polling stations as the Supervisor of Elections shall determine, (2) The returning officer shall provide each polling station with such number of compartments as he may consider necessary to enable voters to record their votes screened from observation. (3) Unless the writ otherwise directs polling stations shall be opened at seven o'clock in the foranoon and shall be closed at six o’clock in the afternoon, 56. (1) The Supervisor of Elections shull, subject to the approval of the Commissioner, appoint a presiding officer to attend at each polling station to receive the votes, but he shall not so appoint any person who has been employed by or on behalf of a candidate in or about the election. The Supervisor of Elections may himself, if he thinks fit, preside at any polling station. (2) Forthwith upon his appointment. every presiding officer shall take and subscribe an oath in the form set out as Form No. 13 in the Second Schedule and shall transmit such oath to the Supervisor of Elections, Polling stations. Presiding: Officers. Form No, 13, VirGin ISLANDS. Poll clerks. Form No. 14 Ballot boxes. Supplies of election material. 86 Virgin Tslands Constitution No.7 of 1954, ‘ and Elections 57. (1) The Supervisor of Elections shall, subject to the approval of the Commissioner, appoint a poll clerk for every polling station in an electoral district. @) Forthwith upon his appointment every poll clerk shall take and subscribe an oath in the form set out as Form No. 14 in the Second Schedule and shall transmit such oath to the Supervisor of Elections, (3) If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll, the poll elerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk. (4) If any poll clerk dies or becomes incapable of performing his duties during the taking of the poll, the presiding officer shall forthwith “appoint some other person to act as poll clerk. (5) Every appointment made under subsection (3) or subsection (4) of this section shall be immediately reported to the Supervisor of Elections by the perscn making the appointment. 58. (1) The Supervisor of Elections shall supply to each returning officer a number of ballot boxes equal to the number of polling stations in his electoral district. (2) Every ballot box shall be made of some durable material, with one lock and key and a slit or narrow opening in the top and so constructed that the ballot papers may be introduced therein but cannot be withdrawn therefrom unless the box is unlocked, 59. (1) The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the opinion of the returning officer may be necessary. (2) The returning officer shall provide each polling station with— (u) a statement showing the number of ballot papers so provided, with their serial numbers; No. 7 of 1954. Virgin Islands Constitution 37 and Elections. (0) the necessary materials to enable voters to mark the ballot papers; (v) the necessary materials for putting the official mark on the ballot papers; (7) at least two copies, which he shall certify, of the Register of voters hereinafter called ‘the official list of voters” relating to the electoral district to which he is appointed; (€) at least three copies of the directions for the guidance of voters in the form set out as Form No. 15 in the Second Schedule; (7) a blank poll book; (y) the several forms of oaths to be administered to voters or other persons; (A) such other things as may be necessary for conducting the election in the manner provided by this Ordinance. 60. (1) Each candidate may, before the commencement of the poll, appoint one polling agent to attend to a polling station and one counting agent to attend at the counting of the voter, (2) An agent may be appointed on behalf of more than one candidate. (3) Every appointment of an agent shall be in Writing and shall state the name and address of the person appointed and shall be given, duly sivned by the candidate, to the presiding officer or the returning officer as the case may be. 61. (1) The poli shall be taken in each electoral district by secret ballot in accordance with the provisions of seetions 69, 70 and 71. (2) The ballot of each voter s shall be a printed paper In the form set out as Form Jo. 17 in the Second Schedule (in this Ordinance called a ballot paper) in which the names, deseriptions and residences of the candidates : iphabetica lly arranged in the order of their surnames and uumbered VIRGIN ISLANDS. Form No. 15, Polling and counting agent. Taking of pol! and the ballot. Form No. 17, Virgin IsLANDS. Inspection of polling station. Where voter shall vote. Restricting on voting. Transfer of voters in special cases. 88 Virgin Islands Constitution No, ” of 1954. and Elections. accordingly shall be printed exactly as they are set. out in the nomination paper. Each ballot paper shall have a uumber printed on the back - and shall have attached to it a counterfoil with the - same number printed on the face and there shall ‘be a line of perforations between the ballot paper and the counterfoil. 62. 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. 68. (1) Subject to the provisions of sections _65 and 66, no person shall be entitled to vote in any polling division unless his name appears on the official list of voters in respect of that polling division. (2) Every person whose name appears upon the official list of voters for any polling division shall be entitled to vote in the electoral district in which that polling division is situated not. - withstanding that he is not resident in that electoral district upon polling day; Provided however that no person shall vote in more than one electoral district or at more than one polling station in the same electoral district or more than once in the same electoral-— district on the same day. (3) Any person contravening any of the provisions of the preceding subsections shall be liable on summary conviction to imprisonment for six months. 7 64. No person shall vote for the election of more candidates than there are seats to be filled. 65. (1) Where any person whose name appears upon the official list of voters for any polling division is appointed as presiding officer or po!l clerk for some other polling division in an electoral district, the returning officer shall transfer the name of the presiding officer or poll Bost | ecsemee tas "No.7 0f1954. Virgin Tiana Jonstitution 39 VirGin and Tiecane IsLANDS. clerk, as the-case may be, to the official list of |.‘ voters for the polling division of which such person is appointed the presiding officer or poll ~ clerk. (2) The returning officer shall give notice -. in writing to every candidate in his electoral district of any transfer made under subsection (1) of this section and to the presiding officer of the polling station at which the person whose | name is so transferred would have been entitled to vote but for the provision of section 66. ~ 66. (1) Every person whose name is Where tians- transferred in accordance with the provisions of eae section 65 from any official list of voters to another official list of voters shall vote, if he vote at all, in the polling division of which he is appointed presiding officer or poll clerk, as the case may be. (2) Every presiding officer who issues to any person whose name has been transferred from any official list of voters to any other official list of voters any ballot paper at any polling division other than the polling division of the electoral district to which such person’s name has been transferred shall be liable, on summary ‘ _ conviction, to a fine of twenty-five dollars or to imprisonment for one month. | 67. (1) At the hour fixed for opening Proceedigs _ the poll the presiding officer and the poll clerk * Pol. shall, in the presence of the candidates, their agents, and such of the voters as are present, open the ballot box and ascertain that there \ are no ballot papers or other papers therein, after which the box shall be locked, and the. presiding officer shall keep the key thereof; the box shall be placed on a table in full view of all present and shall be maintained there until the close of the poll. (2) Immediately after the ballot box is so locked, the presiding officer shall call on 1 the voters to vote. : VIRGIN IsLANDS. Form No. 16. 40 = Virgin Isicnds Constitution No.7 of 1954. and Llections. (8) The presiding officer shall secure the admittance of every voter in the polling station and shall see that they arc not impeded or molested at or about the polling station. (4) Every voter, upon entering the polling station, shall declare his name, residence and occupation. The poll clerk shall then ascertain if the tame of the voter appears on the official list of voters used at the polling station. When it has been ascertained that the applicant voter is qualified to vote at the polling station, his name, address and occupation shall be entered in the poll book to be kept by the poll clerk in the form set out as Form No. 16 in the Second Schedule; a number corresponding to the con- secutive number allotted to the voter on the official list of voters being prefixed to the voter’s name in the appropriate colum of the poll book, and the voter shall be immediately allowed to vote, unless an election officer or any agent of a candidate present at the polling station desires that he be first sworn. (5) The poll clerk shall— (a) make such enteries in the poll book opposite the name of each voter as the presiding officer pursuant to the provisions of this Ordirfance directs; and (>) enter in the poll book opposite the name of each voter as soon as the voter's bailot paper has been deposited in the ballot box, the word “ voted’; and (c) enter in the poll book the word “Sworn” or “ Affirmed” opposite the name of each voter, to whom any oath or affirma- tion has been administered indieating the nature of the oath or affirmation; and (d) enter in‘ the poll book the words ‘Refused io be sworn” or ‘Refuse to affirm” or “ Refused to answer” opposite the name of each voter who has refused to take an oath or affirm, when he has been No. 7 0f 1954. = Virgin Islands Constitution 41 and Elections. legally required so to do, or has refused to answer questions which he has been legally required to answer. 68. (1) The presiding officer shall keep order at his polling station and shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except the Supervi- sor of Elections, the returning officer of the electo- ral district, the poll clerk, the candidates, one agent for each candidate appointed by such candidate in uceordance with the provisions of section 60 and _ the police officers on duty, (2) The agents aforesaid shall be posted in such a place that they can see each person ee presents himself as a voter and hear his name as given in by him, but so that they cannot see how any voter votes. They shall not interfere in tie proceedings save in so far they may be allowed by this Ordinance. (3) Tf 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. 69. (1) Each voter 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. 17 in the Second: Schedule that when the ballot paper is folded the said initials can be seen without opening it, and on the counterfoil of which he has placed a number corresponding to the consecutive number-on the official list of voters and cntered in the poll book. (2) The presiding officer shall instruct the voter how to make his mark, and shall properly fold the voter's cage paper, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the voter intends to vote, except when the voter is unable to vote in the manner prescribed by this Ordinance on account ef illiteracy, blindness or other physical incapacity. VIRGIN ISLANDS. Who are to be admitted within polling stations. Avents how to be placed. Preservation of order, General mode of taking ballot. Virain Isnanns. Questions which may be put toa voter. 42. Virgin Islands Constitution No.7 of 1954. and Elections. (3) The voter on receiving the ballot paper shall forthwith enter one of the polling compart- ments in the polling station and there mark his ballot paper by marking with a black lead pencil and not otherwise a cross within the space aaionils 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 aud numbers appearing thereon that it is the same paper as that delivered to the voter and, if the same, he shall in full view of the voter and of all others present remove the counterfoil and deposit the ballot in the ballot box. (4) A voter who has inadvertently so dealt with the ballot paper delivered to him that it cannot conveniently be used shall restore it to the presiding officer who shall cancel it by writing the word “Spoiled” across the face of the same. The pre- siding officer shall then deliver another ballot paper to the voter. (5) Every voter shall vote without undue delay and shall leave the polling station as soon as his ballot paper has been put into the ballot box. (6) If at the closing of the poll there are any - voters inside the polling station who are qualified to vote and have not been able to do so since their arrival at the polling station, the poll shall be kept open a 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. 70. (1) The presiding officer may, and shall if requested by a candidate or his agent, put to the voter the following questions-~- (a) Are you the same person vhoxe name appears as “A.B.” on the official list of voters now in force for this polling division ? (b) Have you already voted at this elec- tion either here or elsewhere? No.7 of 1954. Virgin Tslands ( Constitution 48 and Elections. (2) If any person refuses to answer any question put to him as in this section provided, the presiding officer shall refuse to give him a ballot paper. (3) If any person makes a false answer to any such question he shall be liable, on summary con- viction, to imprisonment for six months. 71. (1) Subject to all other provisions of this Ordinance as to proof of qualifications as a voter, and as to the administration of oaths, if a person representing himself to be a particular voter applies for a ballot paper after another person has voted as such person, he shall be entitled to receive a ballot paper and to vote after taking the oath of identity in the form set out as Form No. 18 in the Second Schedule, and otherwise establishing his identity to the satisfaction of the presiding officer. (2) In such case, the presiding officer shall put on the ballot paper his initials together with a number corresponding to the number allotted to the voter on the official list of voters and entered in the poll book opposite the name of such voter, and the poll clerk shall enter in the poll book— (a) the name of such voter; (+) a note of his having voted on a second ballot paper issued under the same name; () the fact of the oath of identity having been required and taken, and the fact of any other oaths being so required and taken; and (a) any objections made on behalf of any, and of which, of the candidates. (3) The presiding officer, on the application of any voter who is incapacitated from any physical cause other than blindness or by reason of illiteracy from voting in the manner pres seribed by this Ordi- nance, shall require the voter making such applica- tion to make oath in the form set out as [orm No. 19 in the Second Schedule of his incapacity to vote without assistance, and shall thereafter assist VIRGIN IsLanps’ Mode of taking ballot in special cases, Form No. 18. Form No. 19. VIRGIN ISLANDS. Form No. 20, Form No. 21. Who may vote. 44. Virgin Islands Constitution No. 7 of 1954. and Elections. such voter by marking his ballot paper in the man- ner directed by such voter in the presence of the poll clerk and of the sworn agents of the candidates and of no other person, and shall place such ballot in the ballot box. . (4) The presiding ofticer shall either deal with a blind voter and a voter who is unable to mark his ballot paper by reason off illiteracy in the same manner as with an otherwise incapacitated voter, or at the request of any blind voter or a voter who 18 unable to mark his ballot paper by reason of illit- eracy and who has taken the oath in the form set out as Form No. 20 in the Second Schedule, and is accompanied by a friend who is a voter in the elec- toral district, shall permit such friend to accompany the blind or illiterate voter, as the case may be, into the voting compartment and mark the voter’s ballot oe for him. No person shall at any election be allowed to act ag such friend to more than one voter. (5) Any fed who in accordance with the provisions of subseetion (-£) of this section is per- mitted to mark the ballot paper of a blind voter ora voter who is unnble to mark his ballot paper py reason of illiteracy shall first be required to take an oath in the form set out as Form No, 21 in the second Schedule that he will keep secret the name -of the candidate for whom the ballot of such voter is marked by him, and that he has riot already acted as the friend of any other voter for the purpose of marking his ballot paper at the pending election. (6) Whenever any voter has had his ballot paper marked as provided in subsection (3) or sub- section (4) of this section, the poll clerk shall enter ~ an the poll book opposite the voter’s name in addi- tion to any other requisite entry, the reason why such ballot paper was so marked, 72. (1) Where there is contained in the official list of voters a name, addvess and occupation “which correspond so closely with the name, address and cecupation of a person by whom a ballot paper is demanded aa to suggest that the entry in such list of voters was indended to refer to him, such person "No. 7 of 1954. Virgin Isiands Constitution 45 Virein and /leetions, ISLANDS. shall, upon taking the oath in the form set out as Form No. 22 in the Second Schedule and Form No. 22 complying in all other respects with the provisions of this Ordinance, be entitled to receive a ballot paper and to vote. In any such case the nate, address and occupation shall be correctly entered in the poll book and the fact that the oath has been taken shall be entered in‘the proper column of the poll book. (2) A voter, if required hy the presiding officer, the poll clerk, one of the candidates or an agent of a candidate, or by a voter present, shall “before receiving his ballot paper take an oath in the form set outas Form No. 23 in the Second Schedule and, form No. 23. if he refuse to take such oath, erasing lines shall be drawn through his name on the official list of voters and in the poll book, if such name has been entered in the said book, and the words “ refused to be aworn ” shall be written thereafter. ( 73. (1) In addition to the presiding officer Who may be and the poll clerk, the Supervisor of Elections, the Present. returning officer of the electoral! district, the candi- dates, one agent for each candidate in each polling station, and the police officers on duty, no others shall be permitted to remain in the polling station during the time the poll remains open; Provided that no candidate and his agent shall be in the same polling station at the same time for more than five consecutive minutes. (2) The agent of each candidate, on being admitted to tne “polling station, shall take an oath in the form set out as Form No. 24 in the Second Form No. 24. Schedule to keep secret the name of the candidate for whom any of the voters has marked his ballot paper in his presence. . (3) Agents of candidates may, with the per- mission of the presiding officer, absent themselves from and ‘return to the polling station at any time before one hour prior to the close of the poll. VIRGIN IsLanps. Procedings after poll, Form No, 25, 46 Virgin Islands Constitution No.7 of 1954. and Elections. 74. (1) Forthwith upon the close of the poll the presiding officer shall in’ the following order— (a) seal the ballot boxes; (6) count the number of voters whose names appear in the poll book as having voted and make an entry thereof on the line im- mediately below the name of the voter, who voted last, thus “ The number of voters who voted this election in this polling station is _” (stating the number), and sign his name thereto; (c) count the spoiled ballot papers, if any, place them in the special envelope supplied for that purpose and indicate thereon the number of such spoiled ballot papers and seal it up; (d) count the unused ballot papers, place them with all the stubs of all used ballot pa- pers in the special envelope supplied for that _ purpose and indicate thereon the number of such unused ballot papers; and (e) check the number of ballot papers supplied by the returning officer against the number of spoiled ballot papers, if any, the number of unused ballot papers and the num- ber of voters whose names appear in the poll book as having voted, in order to ascertain that all ballot papers are accounted for. (2) The ballot boxes, poll book, envelopes con- taining the spoiled and unused ballot papers, official list of voters and other documents used at the poll shall be transmitted to the place notified for the counting of the votes or delivered to the returning officer. The returning officer may specially appoint one or more persons for the purpose of collecting the ballot boxes and papers aforesaid from a given number of polling stations, and such person or per- sons shall, on delivering the ballot boxes and papers to the returning officer, take the oath in the form set out as Form No, 25 in the Second Schedule, ® No, 7 of 1954, Viryin Islands Constitution 47 and Hlections, (3) The presiding officer shall, with the ballot boxes and papers uforesaid, transmit or deliver to the returning officer, in the envelope provided for that purpose, the keys of such ballot boxes. 75. (1) Each returning officer, upon receipt by him of each of the ballot boxes, shall take every precaution for its safe keeping and for preventing any person other than himself ftom having access thereto, sealing it under his own seal so that it can- not be opened without the seal being broken but without effacing or covering any other seals thereto afhxed.. (2) After all the ballot boxes have been received they shall be opened for the count of votes and in the presence of such of the candidates or their agents, and if the candidates or any of them are absent, then in presence of such as are present, and of at least two voters if none of the candidates is represented, by the returning officer, and the returning officer shall— (a) record and count the number of votes given to each candidate (allowing the candi- dates and their agents full opportunity to see such votes but not the official number on the back of the ballot paper). A poll clerk and not less than two witnesses shall be supplied with taliy sheets upon which they may keep their own score as each vote is called out by the returning officer; (4) reject all ballot papers— (i) which have not been marked for any candidate; (ii) on which votes have been given for more candidates than there are seats to be filled; (iii) upon which there is any writing or mark by which the voter could be identified, but no ballot paper shall be rejected on account of any writing, num- ber or mark placed thereon by any presid- ing officer. VirGIN ISLANDs. The count. Vircin IsLanps. 48 Virgin Islands Constitution No. 7 of 1954. q and Ltections. (3) If in the course of counting the votes any ballot paper is found with the counterfoil still attached thereto, the returning officer shall (care- fully concealing the numbers thereon from all persons present and without examining them him- self) remove such counterfoil. He shall not reject’ the ballot paper merely by reason of the failure of the presiding officer to remove the counterfoil, (4) If in the course of counting the votes the returning officer discovers that the presiding officer has omitted to affix his initials to any ballot paper as provided by subsection (1) of section 69, he shall, in the presence of a poll clerk and such of the candidates or their counting agents, affix his initials to such ballot paper and shall count such ballot paper as if it had been initialled by the presiding officer in the first place, provided that he is satisfied that the ballot paper is one that has been supplied by the presiding officer, and also that every ballot paper supplied to such presiding officer has been accounted for as provided by paragraph (e) of sub- section (1) of section 74. (5) The returning officer shall keep a record on the special form printed in the poll book of every objection made by any candidate or his counting agent or any voter present, to any ballot paper found in a ballot box, and shall decide every question arising out of the objection. The decision of the returning officer shall be final, subject to reversal on petition questioning the election or return; and every such objection shall be numbered, and # corresponding number placed on the back of the ballot paper and initialled by the returning officer. (6) All the ballot papers not rejected by the returning officer shall be counted and a list shall be kept of the number of votes given to each candi» date and of the number of rejected ballot papers. The ballot papers which respectively indigate the votes~given for each candidate shall be put into separate envelopes; all rejected ballot papers shall be put into a special envelope and all such envelopes No. Tof 1954. Voryin Islands Constitution 49 and Llections, shall be sealed by the returning officer and by such agents or witnesses present as may desire to seal them or to sign their names thereon in addition or instead. (7) The candidate who on the completion of the count is found to have the largest number of votes shall then be declared by the returning officer | to be elected as the member for the electoral district. (8S) Whenever there is an equality of votes between two or more candidates and the addition of a vote would entitle one of such candidates to be declared elected, then— (a) the returning officer, if he is a regis- tered voter of the electoral district for which the election is held, may give such additional vote, but the returning officer shall not in any other case be entitled to vote at an election for which he is the returning officer; (D) if the returning officer is not a regis- tered voter as aforesaid, or if being such regis- tered voter he declines to vote, he ‘sliall make a special return of the result of ‘the election and the Council shall have the right by resolution to choose one of such candidates to be the member for that electoral district. 76. (1) Subject to the provisions of subsec- tion (2) of this section, during the hours when the poll is open upon polling day, no person shall ussemble or congregate within one hundred yards of any building in which is situate any polling station. (2) This section shall not apply— (a) to any voters who are waiting to poll their votes at such polling station and who obey any instructions which may be given by the presiding officer or poll clerk or any police officer for the purpose of forming a queue with other voters also waiting; or (6) to any person who may under the provisions of this Ordinance lawfully enter or remain in such polling station, VIRGIN JSLANDS, Declaration of the poll. Equality of votes. Maintenance of order at polling station. VIRGIN IsnanDs. Influencing of voters to vote for any candidate. Eleotion return. Form No. 26, 50 Virgin Islands Constitution No. 7 of 1934.7 ' and Elections. (3) Every person who contravenes or fails to comply with any of the provisions of this section shall be liable on summary conviction to a fine of two hundred and forty dollars or to imprisonment for six months or to both such fine and such imprisonment, 77. (1) During the hours that the poll is open upon polling day no person shall upon any public road or in any public place within one hun- dred yards of any building in which a polling station is situate seek to influence any voter to vote for any candidate or to ascertain for what candidate any voter intends to vote or has voted. (2) Every person who contravenes any of the provisions of subsection (1) of this section shall be liable on summary conviction to a fine of two hundred and forty dollars or to imprisonment for six months or to both such fine and imprisonment. 78. (1) The returning officer within the time specified for the return of any writ shall forward to the Supervisor of EKlections— (a) the writ with his return in the form set out as Form No. 26 in the Second Schedule endorsed thereon that the candidate having the majority of votes has been elected; (6) a report of his proceedings showing the number of votes cast for each candidate at euch polling station, and making such observa- tions as the returning officer may think proper as to the state of the election papers as received from the presiding officer ; (c) the number of persons to whom, it appears from the counterfoils, ballot papers have been supplied in the electoral district; (d@) the reserve supply of undistributed blank ballot papers; (e) the poll book used at each polling station, a packet containing the counterfoils and unused ballot papers, packets containing the ballot papers cast for the several candi- No. 7 of 1954. Virgin Islands Constitution 51 and Elections, dates, a packet containing the spoiled ballot papers, a packet containing the rejected ballot papers and a packet containing the official lists of voters used at the polling stations, and the written appointments of candidate’s agents; and (7') all other documents used for the election. (2) The Supervisor of elections shall, on receiving the return of any member elected to serve in the Council, cause it to be entered, in the order in which such return is received by him, in a book to be kept by him for such purpose and thereupon immediately cause a notice to be pub- lished in the Gaceéfe of the name of the candidate so elected and in the order in which it was received, (3) The Supervisor of Elections shall, on receiving the return of any member elected to serve in the Council, transmit the writ with the return endorsed thereon to the Commissioner with- in the time specified in such writ. The Commis- sioner shall within seven days of the receipt of the said writ return the same to the Supervisor of Elections for safe custody in accordance with the provisions of section 79, (4) The Supervisor of Elections shall, imme- diately after each general election, cause to be printed a report giving, by polling divisions, the number of votes polled for each candidate, the number of rejected ballot papers, the number of names on the official lists of voters, together with any other information that he may deem fit to include, and shall also, at the end of each year, cause to be printed a similar report on the by- elections held during the year. (5) If any returning officer wilfully delays, neglects or refuses duly to return any person who ought to be returned to serve in the Council for any electoral district, and if it has been determined on the hearing of an election petition respecting the election for such electoral district that such person was entitled to have been returned, the VIRGIN ISLANDS. Virgin ISLANDS. Custody of election documents, Custody of ballot boxes. 2. Virgin Islands Constitution No, 7 of W54. ° 7 ‘ 3 and Elections, et returning officer who has so wilfully delayed, neglected or refused duly to make such return of his election shall forfeit to .the person aggrieved the sum of five bundred dollors and costs in addi- tion to all damages sustained, 79. (1) The Supervisor of Elections shall keep the election documents referred to in sub- section (1) of section 78 in safe custody and shall allow no person to have access to them: Provided that, if an election petition has been presented questioning the validity of any election or return, the Supervisor of Elections shall, on the order of a Judge of the Supreme Court, deliver to the proper officer of that Court the documents relating to the election that is in dispute: Provided also that after the expiration of twelve months from the day of any election it shall be lawful for the Supervisor of Elections to cause the said documents used at such election to be burnt, (2) No such election documents in the cus- tody of the Supervisor of Elections shall be inspected or produced except on the order of a Judge of the Supreme Court; and an order under this subsection may be made by any such Judge upon his being satisfied by evidence on oath that the inspection or production of such eleetion documents is required for the purpose of institu- ting or maintaining a prosecution for an offence in relation to an election or for the purpose of a petition which has been filed questioning an election or return. , (8) Any such order for the inspection or production of clection documents may be made subject to such conditions as to persons, time, place and mode of inspection or production as the Judge deems expedient. 80. Forthwith upon making the return to the writ in accordance with the provisions of section 78, the returning officer shall cause the No. 7 of 1954, Virgin Islands Constitution 53 Viren and Elections. IsLANDS. ballot boxes used at such election, with their locks and keys and the screens and other appliances used in the polling station to be transmitted or delivered to the Supervisor of Elections. PART V. Erection PETITIONS. 81 A_ petition complaining of an undue Petitions return or undue election of a member of the as Council (in this Ordinance called an election petition) may be presented to the Supreme Court by any one or more of the following persons, that is to say— (a) some person who voted or had a right to vote at the election tv which the petition relates; (6) some person claiming to have had a right to be returned at such election; (c) some person alleging himself to have been a candidate at such election. 82. (1) The following provisions shall Presentation apply with respect to the presentation of an elec- of “tection | tion petition— an a costs, (a) the petition shall be presented within twenty-one days after the return made by the returning officer of the member to whose election the petition relates, unless it ques- tions the return or election upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by any member, er on his account, ov 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 withiu three days afterward:, security for the payment of all costs, charges VIRGIN Isuanps. Avoidance of election of eandidate - certified guilty of corrupt or illegal practice, Avoidance of election for general corruption, ete. d4. 0 Virgin Islands Constitution No.7 of 1954, and ivlections. and expenses that may become payable by the petitioner— (i) to any person summoned as a wit- | ness on his behalf, or (11) to the member whose election or return is complained of, or to any other person named as a respondent in the petition, shall be given on behalf of the petitioner; (c) the security shall be to an amount of twelve hundred dollars and shall be given by recognizance to be entered into by any num- ber of sureties not exceeding four approved by the Registrar of the Supreme Court, or by deposit of money in the Supreme Court, or partly in one way and partly in the other. (2) Rules, not inconsistent with the provisions of this Ordinance, as to the deposit of security and the practice and procedure for the service and hearing of election petitions and matters incidental thereto may be made by the Chief Justice. , 88. If a candidate who has been elected is certified by the Judge who tried the election petition questioning the return or election of such candidate to have been personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void. ; 84. Where on an election petition it 1s shown that corrupt or illegal practices or illegal payments or employments committed in reference to the election for the purpose of promoting or procuring the election of any person thereat have so extensively prevailed that they may be reason- ably supposed to have affected the result, his election, if he has been elected, shall be void and he shall be incapable of beiny elected to fill the vacancy or any of the vacancies for which the election was held. - No. 7 of 1954. Virgin Islands Constitution 65 and Ilections. 85. Every election petition shall be tried in the same manner as an action in the Supreme Court by a Judge sitting alone. At the conclu- sion of the trial the Judge shall determine whether the member of the Council whose return or election is complained of or any, and what, other person was duly returned and elected, or whether the election was void, and shall certify such determination to the Commissioner, and, upon his certificate being given, such determination shall be final; and the return shall be confirmed or altered, or a writ for a new election issued, as the case may require, in accordance with such determination. _ 86. At the trial of an election petition the Judge shall, subject to the provisions of this Ordinance, have the same powers, jurisdiction and authtrity, and witnesses shall be subpoenaed and sworn in the same noanner, as nearly as circum- stances admit, as in the trial of a civil action in the Supreme Court, and such witnesses shall be subject to the same penalties for perjury. PART VI. ELECTION OFFENCES. 87. (1) No intoxicating liquor shall be sold, offered for sale, or given away at any prem- ises situate in any electoral district in which an election is being held, to which a licence issued under the Liquor Licences Ordinance, .1913, applies, at any time between the opening and the closing of the poll on polling day. (2) Any person who contravenes the provi- sions of this section shall be liable on summary conviction to a fine of five hundred dollars or to imprisonment for six months. 88. (1) Every employer shall, on polling day, allow to every voter in his employ a reason- able period for voting, and no employer shall make any deduction from the pay or other remuneration of any such voter or impose upon or exact from him any penalty by reason of his absence during such period, VIRGIN ISLANDS. Trial of eleo- tion petitions. Powers of Judge. Intoxicating liquor not to be sold or yiven on polling day. 4/1918, Employers to allow eni- ployees time, Virgin IsLANDS. Offences by election officers. 5600 Virgin Islands Constitution No. 7 of 1954. and Ilections. — (2) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, cr in any other way, interferes with the granting to any voter in his employ of such period for veting, as in this seclion provided, shall on summary convic- tion be liable to a fine of five hundred dollars or to imprisonment for six months. 89. Every election officer who— (a) makes, in any record, return or other document which he is required to keep or make under this Ordinanee, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; or (4) permits any person whom he knows or bas reasonable cause to believe not to be a blind person, an illiterate person or an incapa- citated person to vote in the manner provided for blind persons, illiterate persons or incapa- citated persons, as the case'may be; or (c) refuses to permit any person whom he knows or has reasonable cause to believe to be a blind person, an illiterate person or an incapacitated person to vote in the manner provided for blind persons, illiterate persons or incapacitated persons, as the case may be; or (d) wilfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote; or (e) wilfully reject or refuses to count any ballot paper which he knows or -has reasonable cause to believe is validly cast for any candidate in accordance with the provi- sions of this Ordinance; or (7) wilfully counts any ballot paper as being cast for any candidate, which he knows or has reasouable cause to believe was wot validly cast fur such candidate, No. 7 of 1954. Viryin Islands Constitution 57 and /vlections. shall be guilty of an offence avainst this section and, on conviction on indictment, shall ke liable to be imprisoned for any term not exceeding two years, 90. (1) No person shall furnish or supply any loudspeaker, 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 uge, on motor cars, tracks or other vehicles, any such loudspeaker, bunting, ensign, banner, standard or set of colourr, _or any other fag, 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 enter- tained by such candidate, and no person shall use or wear any fag, ribbon, label or other favour, as such badge, within any electoral distriet on poll- ing day. (3) Nothing contamed in either subsection (1) or subsection (2) of this section shall be deemed to extend to the furnishing or supplying of any banner bearing only the name of any candidate or only such name preceded by the words ‘ vote for’”’ or of any rosette or to the use of any such banner on any vehicle or of any such rosette, (4) Any person who contravenes any of the provisions of this seetion shall be liable on suimn- mary conviction to a fine of one thousand dollars or to imprisonment for six months, 91. The followicg persons shall be deemed guilty of bribery within the meaning of this Ordinance— > (1) Every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or VIRGIN ISLANDS. Loudspeakers, ensigns, ban- ners, etc. pro- hibited on polling day. Flags, ribbons or favours not to be furnished or worm. Definition of bribery. VIRGIN ISLANDS. 58 Virgin [stands Constitution No. 7 of 1954. and lections. lend, or offers, promises, or promises to procure or to endeavour to procure any money or valuable consideration to or for any voter, or to or for any person on behalt of any voter, or to or for any other per- -son in order to induce any voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election. : (2) Every person who, directly or indirectly, (3) (4) by himself or by any other person on his behalf, gives or procures, or agrees to give or to procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any voter, or to or for any per- son on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election. Every person who, directly or indirectly by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person, in order to induce such person to procure, or endeav- our to procure, the return of tmy person as an elected member of the Council, or the vote of any voter at any election. Every person who, upon or in consequence of any such gift, loun, offer, promise, procurement or agreement, procures or engages, promises or endeavours to pro- cure the return of any person as an elected member of the Council or the vote of any voter at any election. Livery person who advances, or pays or causes to be paid, any money to or to the use of any other person with the intent that such money, or any part thereof, . No, 7 of 1954. Virgin Islands Constitution 59 Viren and Elections. ISLANDS. shall be expended in bribery at any election, or who knowingly” pays or causes to be paid any money to any per- son in discharge or repayment of any money wholly or in part expended in bribery at any such election. (6) Every voter who, before or during any election, directly or indirectly, by himself or by any other person op his behalf, receives, agrees, or contracts for any money, gift, loan or valuable consi- deration, office place, or employment for hinnself or for any other person, for vot- lng or agreeing to vote, or for refraining or agreeing to refrain from voting any at any election, (7) Every person who, after any election, directly or indirectly, by himself, or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced nny other person to vote or refrain from voting at any such election. (8) The foregoing provision of this section shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an election. (9) For the purpose of this section “legal expenses ”” includes— (a) the payment of the agents, clreks, canvasers and messengers of candidates; (6) payments made for the purpose of hiring vehicles for the conveyance of voters to or from a polling station; (c) payments made for the use of any premises for a public meeting in furtherance of the candidature of any VIRGIN IshANDS. ¥ Definition of treating. Definition of undue influence, - 60 = Virgin Islands Constitution No. 7 of 1954. and Llections. person or for the use of any committee room or office for the purpose of pro- motivg 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. 92. 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, entertain- ‘ment or provision to or for any person for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting at such election, or on account of such person or any other person having voted or refrained from voting at such election. (2) Every voter who corruptly accepts or takes any such food, drink, entertainment or provision. 98. 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 fradulent contrivance, impedes or prevents the free exercise of the franchise of any voter, or thereby compels, induces, or prevails upon any voter, either to give or refrain from giving his No. 7 of 1954, Virgin Islands Constitution 61 and \Wleetions, vote at any election, shall be guilty of undue in- fluence within the meaning of this Ordinance. 94. Every person who at an election applies for a ballot paper in the name of another person, whether that name be the name of a person living or dead, or of a fictitious person, or who, having voted once at any election, applies at the same elec- tion for a ballot paper in his own name, shall be guilty of personation within the meaning of this Ordinance, 95. Every person who is guilty of bribery, treating or undue influence under the provisions of this Ordinance shall on summary conviction be Jiable to imprisonment for six months or to fine of four hundred and eighty dollars. 96. Every person who is guilty of persona- tion or of aiding, abetting, counselling or procuring the commission of the offence of personation shall, on conviction on indictment, be liable to imprison- ment for two years. 9'7. [very person who is convicted of bribery, treating, undue influence or personation, or of aid- ing, counselling or procuring the commission of the offence of personation shall (in addition to any other punishment) be incapable during a period of seven years from the date of conviction-—— (a) of being registered as a voter, or voting at any election; (4) of being elected a member of the Council or, if elected before his conviction, of retaining his seat as such member. 98. (1) Every person who— (a) votes, or induces or procures any person to vote, at any election, know- ing that he or a other person is prohi- bited by this Ordinance, or by any law in force in the Presidency, from voting rt, such election; VIRGIN ISLANDS. Definition of personation, Penalty for bribery, treating or uudue influence. Penalty for personation, Disqualifica- tion for bribery, ete. Penalty for certain illegal practices at elections. VIRGIN IsLanus. Offences to incite or con- spire to disrupt , meetings of candidates, Offence in respect of ballot papers. oe bo Virgin Islands Constitution No. 7 of 1954, and Elections, (b) before or during an clection knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candi- date; (c) between the date of the publica- tion by the returning officer of a notice in accordance with the provisions of sub- section (1) of section 51 and the day after pelling at the election, whether in a general election or in a by-election, acts in a disorderly manner, with intent to prevent the transaction of the business of a public meeting called for the purpose of promoting the election of a candidate as a member to serve in the Council, shall be guilty of an illegal practice, and shall, on summary conviction, be liable to a fine of four hundred and eighty dollars and be incapable, during a period of five years from the date of con- viction, of being registered as a voter or of voting at any election, (2) Every person who, between the date of the publication by the returning officer of a notice in accordance with the provisions of subsection (1) of section 51 and the day after polling at the election, whether in a general election or in a by-election, incites, combines or conspires with others to act ina disorderly manner with intent to prevent the trans- action of the business of a public meeting called for the purpose of promoting -the election ‘of a candi- date as member to serve in the Council, shal!.be guilty of an illegal practice and shall, on conviction on indictment, be liable imprisonment for two years, and be incapable, during a perind of five years from the date of conviction, of being registered as a voter or of voting at any election. 99. Every person who— (a) forges or counterfeits, or fradu- lently defaces or destroys, any ballot paper; or : . ; ae ne Sl No, 7 of 1954. Veryin Islands Constitution 68 and -dlections. (6) without due authority supplies a ballot paper to any person; or (c) fradulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; or (d) fradulently takes out of the polling station any ballot paper; or (e) without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of any election; or (7) not being duly registered as a voter, votes at an election, shall be liable on summary conviction, if he is an election officer, to imprisonment for six months or to a fine of four hundred and eighty dollars, and, -if he is any other person, to imprisonment for three months or to a fine of two hundred and forty dollars. In any information or prosecution for an offence in relation to the ballot boxes, ballot papers, and other things in use at an election, the property in such ballot boxes, ballot papers, or things may be stated to be in the returning officer at such election. 100. (1) Every clection officer and every agent appointed under the provisions of section 60 in attendance at a polling station shall maintain and aid in maintaining the secrecy of the voting in auch station, and shall not communicate except for some purpose authorised by law, before the poll is closed, to any person any information as to the name or number on the list of voters of any voter who bas or has not applied for a ballot paper or voted at that polling station, and no person shall interfere with or attempt to interfere with a voter when marking his vote or otherwise attempt to obtain in the polling station any information as to the candidate for whom any voter in such station is about to vote or has voted. , VIRGIN ISLANDS. Virein snanps, No obligation on voter to disclose vote, Conclusivye- ness of regis- ter of Voters. power to make regula- tions, 64 Virgin Islands Constitution No. 7 of 1954: and Itleetions, (2) Every election officer and every such agént in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting. and shall not attempt to communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper. (3) No person shall, directly or indirectly, induce any voter to display his ballot paper after he has marked it so as to make known to any person the name. of the candidate for whom or against whose name he has so marked his vote. (4) Every person who acts ‘in contravention of any of the provisions of this section shall be able, on summary conviction, to imprisonment for six months or toa fine of two hundred and forty dollars, ° PART VII. MIScELLANEOUs PROVISIONS. 101. No voter who has voted at any election shall, in any legal proceedings to yuestion the election or return, be required to state for whom he. voted, 102. At any election a person shall not be entitled to vote unless his name is’on the Register of Voters fot the time being in force by virtue of this Ordinance, and every person whose name is on such Register shall, subject to the provisions of this Ordinance, be entitled to demand and receive a ballot paper and to vote: Provided that nothing in this section shall entitle any person to vote who is prohibited from voting by any law in force in the Presidency, or relieve such person from any penalties for which he may be liable for voting. — 108. (1) The Governor in Council may make Regulations generally for giving effect to the provisions of this Ordinance and without prejudice to such general power may make Regulations— (a) with respect to the incurring of expenses and the making of payments by or * "No. 7 of 1954. Virgin Islands Constitution 65° and Ivlections, on behalf of a candidate, whether before, during or after an election, on account or in respect of the conduct of such election ; (4) requiring the appointment of an election agent through or by whom all such expenses or payments as aforesaid shall be incurred or made; (c) fixing the maximum amount of expenses and payments that may be incurred or paid, whether before, during or after an election, on account or in respect of the conduct of such election; (d) fixing the time within which all election expenses shall be paid; (e) requiring a return of election ex- penses and payments and prescribing the form in which the same shall be made and verified; (/) prescribing the remuneration and travelling allowances and other expenses which may be paid to election officers appointed under this Ordinance; (g) prescribing the duties of returning officers and the procedure to be followed in the performance of their duties; (h) adding to, rescinding, varying or amending any of the forms contained in the Second Schedule; and (’) prescribing penalties for the breach of any Regulations made hereunder. (2) Any Regulations made under the provi- sions of subsection (1) of this section may, in specifying any offence or offences, further specify that any such offence shall be deemed to be an illegal practice. , (3) An election petition may be presented in respect of any illegal practice declared by such Regulations to be a ground for presenting such petition, and the provisions of sections 81, 82, 85 VIRGIN IsLANDs. VIRGIN {SLANDS. Expenses of elections. Computation of time Repeal, Commonce- ment. 66 Virgin Islands Constitution No.7 of 1954, and iulections, and 86 shall, subject to such Regulations, apply to petitions presented in respect of illegal practices. 104. All expenses properly incurred by, and all remuneration and travelling allowances payable to, officers under this Ordinance shall be defrayed out of the general revenue of the Presidency. 105. (1) In reckoning time for the purposes of this Ordinance, Sunday shall. be included but Christmas Day, Good Friday and any bank holiday, if applicable to the Presidency, shall be excluded. (2) Where anything required by this Ordi- nance to be done on any day falls to be done on Sunday or on any such excluded day, that thing may be done on the next day, not being one of such excluded days. 106. Save as otherwise provided in this Ordinance the Federal Act and the Ordinance apecified in the Third Schedule are hereby repented. 107. This Ordinance shall come into opera- tion on such day as the Governor may by procla- mation published in the Gazette appoint, and different days may be appointed for the purpose of different provisions thereof. H. A. C. Howarn, President. Passed the Legislative Council this 17th day of June, 1954. H. O. Crreur, Clerk of the Council. ~~ No. 7 of 1954. Virgin Islands Constitution 67 Virain and leetions. TsLanps, FIRST SCHEDULE. Section 36 (1)... Electoral Districts. The Hirst District. (‘Lhe Western District and Jost Van Dyke), The Second District. (The Tortola Central District). The Third District. (The Tortola North District). The Fourth District. (The Fastern District). e Extent. Comprising the island of Jost Van Dyke, Frenchman Cay and all other islands to the West or Northwest of Tortola together with all-that part of the island of Tortola lying South and West of an imaginary line drawn from the Western point of Ballast Bay over Windy Hill to sage Mountain Peak thence to the eastern point of the bay at Pock- wood Pond, Comprising all that part of the is- -land of Tortola lying east and south of an imaginary line drawn from the eastern point of the bay at Pockwood Pond to Sage Moun- tain Peak thence along the Central Ridge to the western point of Cooper’s Bay; and being west- ward of an imaginary line drawn from the western point of Brandy- tvine Bay to Belle Vue Peak thence to the western point of Josiah’s Bay; together with the islands of Norman Island, Peter Island, Salt Island, Cooper Island and all other islands to the South of Tortola, Comprising all that part of the island of Tortola lying east and north of an imaginary line drawn from the western point of Ballat Bay . along Windy Hill to Sage Moun- tain Peak thence along the Central Ridge to the western point of Cooper’s Bay. Comprising all that part of the island of Tortola lying east of an imagin- ary line drawn from the western point to Brandywine Bay to Belle Vue Peak thence to the western point of Josiah’s Bay; together with the islands of Beef Island, Guana Island and all the other is- lands lying eastward of Tortola and westward of the Dogs. * VIRGIN 68 = Firgin Islands Constitution No. 7 of 1954, ISLANDS. and Llections, FIRST SCHEDULE—(con?’d). ELECTORAL DISTRICTS EXTENT The Fifth District. Comprising the island of Virgin (The Anegada and Virgin Gorda and the island of Anegada, Gorda District). SECOND SCHEDULE. Form No. 1. SECTION 44 (3) (b). REGISTRATION NOTICE. TAKE NOTICE that— (a) the enumeration of all qualified persons in [the polling division of] the electoral district will begin on the day of 19 and will be completed on the day of 19 ° 2 (b) the registering officer for the[ - polling division in the said] electoral district is (c) every person not disqualified on any of the grounds set ‘out in the next paragraph of this notice is qualified to be registered as a voter in the said electoral district if he or she— (i) is a British subject of the age of twenty-one years or upwards; and (ii) has resided in the Presidency for twelve months immediately preceding the date of registration as a voter or is domiciled in the Presidency and is resident therein at the date of such registration. (2) no person shall be entitled to be registered as a voter in the said electoral district who— (i) has been sentenced by a court in Her Majesty’s dominions or in any territory under Her Majesty’s protection to death, penal servitude, or imprisonment for a term ex- ceeding twelve months, and has not either. suffered the punishment to which he was sentenced or such other punish- ment as by competent authority may have been substituted for the same or received a free pardon from Her Majesty; or (ii) ig a lunatic so found under any law in force in the Presidency; or No. 7 of 1954. Virgin Islands Constitution 69 VirGIN and Llections.e IsLanps. (iii) is disqualified under the provisions of this Ordinance as a voter. (e) the preliminary list of ‘qualified persons for the above electoral district will be posted up in the said district for a period of ten days beginning on the day of 19 seh eeeoeccriveesare tbeeesoe Boe doe wees ceodsvoeneecereosced Registering Officer’. Date..... yesesauenipys iedtdussevcusepectseene Form No. 2. Sgorion 45 (1) PRELIMINARY LIST OF VOTERS Electoral district. BS Location of | Name of Voters. | 4 Zo : | Oceupation. | ¢ i - residence, | (family name first) | 3 | | | | | | ! | : ee Form No. 8. SrcTron 46 (1). Novice oF CLAIM. T'o the registering officer of the electoral distriot — polling division. TAKE NOTICE that Lo..ccccccceseeceereetenesbeeeeeenes Sa aeaste anes of . 4 Ce Pewee add ese seeee aebebnd ooote be eee Cee eee eeeresses eeeeee (Place of residence) (Occupation) am qualified for inclusion in the preliminary list of voters for the electoral district and th it my name, address and occupation have been (omitted from) (wrongly stated in) such list and that [ hereby claim that such list he amended (by the insertion of my name, address and occupation therein) (by the correction of the parli- culars therein relating to my name, address and occupation, as follows, ~~ “""" Btrike out bracketed words not applicable) Virein * 70 Virgin Islands Constitution No. 7 of 1954, IsLanDs. and Lilections. Dated this day of 19 Signature of Claimant. et Form No. 4. SECTION 46 (2) - (1) Noricn oF OBJECTION. ‘To the registering Officer of the electoral . district polling division. TAKE NOTICE that L.....sscseseserseeeenes tae sibeushes scant (Name of objector) of POO e cere hee Re OH eed endorse eensededeoressiverenebsdoserinsentee Poe obedsnesecoeetssebsovccte (Place of ponilenes) Bebe ecnieereresredeereesreearenierasss teers sbessessessesseenessdeseebieesetnes beeees bececersvccdcccacccvee deenedeccse (Occupation) am qualified for inclnsion in the preliminary list of voters for the electoral district and am so included: And that I object to the inclusion therein of on the ground that such person is disqualified for inclusion therein by reason of Dated this day of WY. Signature of Objector. (3) NoTICE To PERSON OBJECTED TO. To O. D. of I of , being a person whose name is included in the preliminary list of voters for the electoral district hereby give you notice that I object to your name being retained on the list of voters for the electoral district abovementioned on the grounds that - and that you will be required to prove your qualification at the time of the revising of the said list. Dated this day of : 19 Signature of Objector. \ No. 7 of 1954. Virgin Islands Constitution -71 VireiIn 4 . and_lvlections. ISLANDS. Form No. 5. : Section 47(3). REVISION NOTICE. TAKE NOTICE that the preliminary lists of voters for the electoral district will be revised by me the undersigned on the day of 19 ; at at o'clock. Dated this day of 19 . Revising Officer. Form No. 6. : Section 50(2). WRIT OF ELECTION. Elizabeth the Second, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To the returning officer of electoral district. WHEREAS by subsection (1) of section 50 of the Virgin Islands Constitution and Elections Ordinance, 1954, it is provided that for the purpose of every general election of members of the Council, and for the purpose of the election of members to supply vacancies caused by death, resignation or otherwise, the Commissioner shall issue writs of election under the Public Seal of ‘the Presidency, addressed to the returning officers of the respective electoral districts for which members are to be returned: * AND WHEREAS I think it expedient that writs should be issued for the election of members to serve in the Couneil: + AND WHEREAS the seat of the elected member for the electoral district has become vacant in consequence of NOW, THEREFORE, I Commissioner of the Presidency of the Virgin Islands do hereby require that you proceed to the nomination of candidates on the day of 19 at and thereafter, if necessary, you do on the day of 19 between the hours of o'clock in the forenoon and o'clock . in the afternoon, cause election to be made according to law of a member to serve in the Legislative Council of the Presidency for the * To be included in a writ for a general election. { To be inuluded in a writ for a by-election, VIRGIN 72) Virgin Islands Constitution No. 7 of 1954. IsLaNnps. and Llections. said electoral district and that you do cause the name of such member * when so elected to be certified to me not later than the day of 19 GIVEN under my hand and the Public Seal of the Presidency this day of 19 and in the year of Her Majesty’s reign. Commissioner. Form No. 7. SECTION 51(1). NovTicE OF NOMINATION The Commissioner having issued his Writ of Election for the election of a member of the Legislative Council for electoral district the returning officer for the said electoral district will on the day of 19° now next ensuing between the hours of ten o’clock in the forenoon and one o’clock in the afternoon and between the hours of two o’clock and four o’clock in the afternoon at proceed to the nomination of a member for the electoral district. Dated this day of 19 . Returning Officer for the electoral district. Form No. 8. SECTION 51(3). NOMINATION PAPER We, the undersigned voters for the electoral district do hereby nominate the following person as a proper person to serve ag a member of the electoral district and we certify that to the best of our belief he is qualified for election as a . member of the Legislative Council. Surname Othername | Address | Occupation SOLS ere rere eee mee te eee eee eee eee ese eereressrace No. 7 of 1954. Viryin Islands Constitution 73 Virgin and Elections. IsLaNnps. J nominated in the foregoing nomination paper hereby consent to such nomination as candidate for election as a member of the Legislative Council for the electoral district. Witness my hand this day of 19 Signature of Candidate. Signed by the said nominee in the presence of:-— Signature of Witness. Form No. 9. SECTION 51 (6). RTURN OF UNCONTESTED ELECTION. I hereby certify that the member elected for the electoral district in pursuance of the within Writ is (Insert name, address and oceupation of member elected as stated on the nomination paper). no other candidate having been nominated. Dated at . this day of 19 Returning Oficer. Form No. 10. SECTION 54 (2). NOTIFICATION OF ELECTION. TAKE NOTICE that a poll will be taken for the election of a member for the electoral district to serve in the Legislative Council. The poll will be opened on the day of 19 at the hour of in the forenoon and kept open till the hour of in the afternoon in the following polling stations established in the said electoral district, that is to say:— Locations of Polling Stations: ? Vinee 74 Virgin Islands Constitution No. 7 of 1954. IsLanps. and Elections. The Candidates in the above electoral district are as follows:— Candidates :— The number of votes given to the several candidates will be counted on the day of - 19 at o'clock -in the - noon at of which al] persons are hereby required to take notice and govern themselves accordingly. Dated this day of 19 . Returning Officer for the electoral district. . Form No. 11. ‘ SECTION 38 (6). OATH OF REGISTERING OFFICER. ‘I, do awear that I will faithfully perform all the -duties of registering officer of the electoral district in accordance with the provisions of the Virgin Islands Constitution and Elections Ordinance, 1954, to the best of my ability. Sworn before mé Date.....cccccceseneees sceseess Form No. i2. SkoTION 39 (3). OATH OF RETURNING OFFICER. I having been appointed returning officer for the electoral district do swear that I will faithfully perform all the duties of such returning officer in accordanse with the provisions of the Virgin Islands Constitution and Elections Ordinance, 1954, to the best of my ability. Sworn before me COO e een ete O eee ee taht ee eben be bene tebe ease bee bE betes tessa sees testy Date....ccccrecsceccevccecevces e. SL eR era RE ae ~ ‘No. 7 of 1954. = Virgin Islands Constitution 75 VirGINn and Elections. IsLaNnpDs : Form No. 138. SECTION 56(2). OATH OF PRESIDING OFFICER I, the undersigned, appointed Presiding Officer for the Polling Station Abceccccsccscceccecsecscntseseesssserseeees ieee IN the...ccsccsecseeeeees ieasigees hesees electoral district swear that I will aet faithfully in my said capacity of Presiding Officer, according to law, without partiality, fear, favour, or affection, »nd that I will keep secret the names of the candidates for whom any of the voters in the abovementioned Polling Station marks his ballot paper in my presence at this election. SO HELP ME GOD! Bde eeeeesvecee eeeees eee pee ncedeeecran. cee seees Presiding Officer. Sworn before me at _ this * day of ~ : 19 Form No. 14. . SecTION 57(2). OATH OF POLL CLERK I, the undersigned, appointed as Poll Clerk for the Polling Station at in the electoral district swear that I will act faithfully in my capacity of Poll Clerk and algo in that of Presiding Officer-if required to act as such, accord- ing to law, without partiality, fear, favour or affection, and that T will keep secret the names of the candidates for whom any of the voters in abovementioned Polling Station marks his ballot paper in my presence at this election. _ SO HELP ME GOD! Cee dee e ee ner cereavcsnasncessescsnooscnneseccd Poll Clerk. Sworn before me at this day of 19 Form No. 15. SECTION 59(2). DIRECTIONS FOR THE GUIDANCE OF VOTERS 1. Each voter may vote only at one polling station. In the Second Electoral District the voter may vote for two candidates but may not give more than one vote to any candidate. In every other electoral district the voter may vote for only one candidate, VIRGIN 76 Virgin Islands Constitution. No. 7 of 1954. IsLANDs. and /vlections. 2. The voters will go into one of the compartments and, with the pencil provided in the compartment, place a cross on,the right hand side, opposite the name of the candidate for whom he votes, thus X. , For example: Supposing JOHN JONES and GEORGE SMITH are the candidates for election and the voter wishes to vote for JONES, he must piace a cross opposite JONES’ name as follows:— Jones, John Shopkeeper, x Tortola. Smith, George Carpenter, Virgin Gorda. ST eC LTRNeRRe In the Second Electoral District the voter will place a cross opposite the name of each of the two candidates for whom he votes. 3. The voter shall then fold his ballot paper so that the initials of the presiding officer and the numbers on the counterfoil can be geen and the counterfoil detached without opening the ballot paper; he shall then return the ballot paper so folded to the presiding officer who shall in full view of those present including the voter remove the counterfoil and place the ballot paper in the ballot box. The voter shall then forthwith quit the polling station. 4, Ifthe voter inadvertently spoils a ballot paper, he can return it to the presiding officer who will, if satisfied of such inadvertence, give him another paper. 5. Ifthe voter places any mark on the paper by which he may afterwards be identified or if— (i) ata general election in the Second Electoral District he votes for more than two candidates; or (ii) in any other electoral district he votes for more than one candidate: or (iii) at a by-election he votes for more than the number of candidates to be elected. then his ballot paper will be void and will not be counted. 6. Ifthe voter takes a ballot paper out of the polling station or deposits in the ballot box any other paper than the one given him by the presiding officer, he shall be liable on summary conviction to imprisonment for three months or to a fine of two hundred and forty dollars. ? Form No. 16. Consecutive number given sach voter as he applies for ballot POLL BOOK. . Particulars of persons applying Particulars of Voter for Ballot papers after another | person has voted as such person | — - | Form , | | | Consecu- ; number (a) ' (b) | Consecu- . | ») | tive No. | of oaths tive No. { None ot | Oceupa- Postal | of voter | if any | Reeord that | Record that | Name , of voter ere thet | . +2 ° | on list voter is | oath sworn | voter had | on list of , | ot voters. required | or refused | voted | voters ah 7 | | | | | | \ | | | | | \ | | i | | | | { | | to swear (b) When Ballot put into Ballot Box insert ‘‘ voted ”. I | : (a) if swort insert “sworn . and number of the Oath : “if refused ingert “ refused to be sworn’. jany made SECTION 67 (4). i Objec- | tions if Remarks on behalf] of any | ‘candidate | [ pup al r , "SUOa) SPUDIST WIbAd 4 ‘SANWIST é ‘FGG{ JO 1 ‘ON a ; A UONNINSUO Ns ~ NIOUT,| 78 Virgin Tslands Constiiution No. 7 0€ 1954, Virery and Elections. IsLANDS, Form No. 1%. SECTIONS 61 (2) & 69, BALLOT PAPER. No. 6700 7 GENERAL ELECTION,.......c ccceceeeeees . | | | No. 6700) beoeeetecesevsnsecceccersanas Electoral District. to | Polling Day..........0cccccceceeees Space for initial of P.O. Do not fold beyond this line, ——___-__._____.__.__ 1. JAMES, JOHN P, Shopkeeper, ‘Tortola. ee A ES AR A SE A 2. ROBINSON, PETER F. Carpenter, Virgin Gorda. 3. SMITH, GEORGE R. Mechanic, Anegada. Form No. 18. ’ SECTION 71 (1). OATH OF IDENTITY OF A VOTER RECEIVING A BALLOT PAPER AFTER ANOTHER HAS VOTED IN HIS NAME. You swear that yor are... ccc cece cc eceeeeceneeseecenene eee eeeen anes (Name as on official list of voters.) (Address as on official list of voters). whose name is entered on the official list of voters now shown you. SO HELP YOU GOD, 2» } No. 7 of 1954. Virgin Islands Constitution 79- Vina and filections. Isnanps. Form No. 19. SECTION 71 (3). OATH OF INCAPACITATED VOTHR. Yon swear that you ave incapable of voting without assistance by reason of physical incapacity, : \ S80 HELP YOU GOD! Form No. 20. SECTION 71 (4). OaTH OF BLIND OR ILLITERATE VOTER. You of swear that you are incapable of voting without assistance by reason of your (inability to see) (illiteracy) ry SO HELP YOU GOD! Form No. 21. _ SECTION 71(5) OATH OF FRIEND OF BLIND OR ILLITERATE VOTER. 1. You swear that you will keep secret the name of the candidate for whom you mark the ballot paper of the blind/filliterate voter, on whose behalf you act. 2. That you have not already acted as the friend ofa blind or illiterate voter for the purpose of marking his ballot paper at this election, SO HELP YOU GOD! Form No. 22. SECTION 72(1) OATH THAT THE VOTER 18 THE PERSON INTENDED TO BE RE- FERRED TO IN THE OFFICIAL LIST OF VOTERS. You swear that-you are qualitied to vote at this clection of a mem- — "ber to serve in the Legislative Council and are not disqualified from voting thereat and that you verily believe that you are the person intended to- be referred to by the entry in the Official List of Voters used at the Polling Station, of the name emcee eee eee ne vee nne seen oeeeesse ees nes whose occupation 18 GIVEN AS... cece eeeeee es eee eee eee enees wand whose address is given as, SO HELP YOU GOD! VIRGIN 80 Virgin Islands Constitution No. 7 of 1954. IsLanps, and HLlections, Form No, 23. SECTION 72(2) OATH OF QUALIFICATION, You swear 1. That you area British subject of the full age of twenty-one years. 2. That you have resided in the Presidency for a period of at least twelve months immediately prior to the date of your registration as a voter, 3. That you are domiciled in the Presidency and were resident in the Presidency at the date of your registration as a voter, 4, That you are not within any of the classes of persons who lack qualification or are disqualified by reason of crime or mental incapacity. 5, That you are not disqualified under the provisions of the Virgin Islands Constitution and Elections Ordinance, 1954. 6. That you are not the returning officer for this electoral district. SO HELP YOU GOD! Note:—Paragraph 3 is alternative to paragraph 2, Form No. 24. SECTION 73(2) OATH OF AGENT OF A CANDIDATE. ‘I, the undersigned, agent for one of the candidates at the election of a member of the Legislative Council held on this day in the electoral district do swear that I will keep secret the names of the candidates for whom any voter voting at this polling station marks his ballot paper in my presence at this election. SO HELP ME GOD! ee ee ee er re i rr Sworn before me at this day of 19 « No. 7 of 1954. Virgin Islands Constitution 81 Viraix and Elections. IsLANDs. Form No. 25 SECTION 74(2). OATH OF MESSENGER SENT TO COLLECT BALLOT BOXxEs. I, Messenger appointed by , , Returning Officer for the electoral district do swear that the several hoxes to the number of which were used at the Polling Station at , of this electoral district on polling day now delivered by me to were handed to me by that they have not been opened by me or any other person and that they are in the same state as they were in when they came into my possession. Signature. Sworn before me at this day of 19 Form No. 26. SECTION 78(1) (a) RETURN AFTER POLL HAS BEEN TAKEN. I hereby certify that the member elected for the electoral district in pursuance of the within Writ as having received the majority of votes lawfully given i8........c.ccecceseeceeeeeeesseneee eer eeeees Semen ene e een e eee ree rn eee ereerenee ras cen see eee eee Returning Officer. THIRD SCHEDULE SECTION 106. REPRALED ENACTMENTS. No. and Te: | Short Title 1/1950 The Virgin Islands Constitution Act, 1950. 3/1950 The Voters Registration and Kilection Ordinance, 1950, ANTIGUA. Printed at the Government Printing Office, Leeward Islands, by E. M. BLACKMAN. Government Printer.—By Authority. 1954. 7/00019-II—560—7.54. Price 90 cents. LEEWARD ISLANDS. MONTSERRAT. STATUTORY RULES AND ORDERS. 1954, No. 4. LANDING OF ANIMALS. Tre Imporrarton or Swine (Pronrsrrion) Orper, 1954, Darren Jury, 16, 1954, Mapr py THE GovERNoR-IN- CouNCIL UNDER Secrion 3(1) or THE ForEIGN ANIMALS Prowiprrion AND Reauration or LANDING OrpINaNncE, 1920 (No. 2 or 1920). ORDER-IN-COUNCIL- 1. Creation. This Order may be cited as the Importa- tion of Swine (Prohibition) Order, 1954. 2. Proursition or Lanpiye. The landing in the Presidency of Montserrat of Swine brought from any of the Countries mentioned in the Schedule hereto is hereby prohibited. 8. Revocation. The Importation of Swine Order, 1950 (S.R. & O. 1950, No. 8) is hereby revoked. SCHEDULE. The Colony of St. Vincent The Colony of Dominica The Presidency of the Virgin Islands The United States Virgin Islands. Made by the Governor-in-Council this 16th day of July, 1954. . Js. H. Carrort, Clerk of the Council. ANTIGUA Printed at: the Government Printing Office, Leeward Islands, by E. M. BhackMAN, Government Printer.—By Authority. 1954, 47/10042—490 —7.54. [Price 3 cents. }