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Prohibition of

(2) Provided that :---

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(a) An election petition questioning the return or election upon the ground of a corrupt practice and specifically alleging a payment of money or other act to have been made or done since the date aforesaid by the member whose election is questioned or an agent of the member or with the privity of the member or his election agent in pursuance or in furtherance of such corrupt practice may, so far as respects such corrupt practice, be presented at any time within 28 days after the date of such payment or act;

(b) An election petition questioning the return or the election upon an allegation of an illegal practice may, so far as respects such illegal practice, be presented within the time following (that is to say) :—

(i) At any time before the expiration of 14 days after the day of the publication in the Gazette of the notice required by Article 90 as to the election expenses of the member whose election is questioned;

(ii) If the election petition specifically alleges a payment of money or other act to have been made or done since the said day by the member whose election is questioned or an agent of the member or with the pursuance privity of the member or his election agent in

or in furtherance of the illegal practice alleged in the petition, the petition may be presented at any time within 28 days after the date of such payment or other act.

(3) An election petition presented in due time may, for the purpose of questioning the return or election upon an allegation of a corrupt or illegal practice, be amended with the leave of a judge of the Supreme Court within the time within which an election petition questioning the return or election upon that ground may be presented.

(4) For the purposes of this Article, where there is an authorised excuse for failing to make and transmit the return and declarations respecting election expenses, the date of the allowance of the excuse, or if there was a failure as regards two or more of them, and the exouse was allowed at different times, the date of the allowance of the last excuse shall be substituted for the date of the publication in the Gazette of the notice mentioned in paragraph (b) of sub-clause (2) of this Article.

103. No voter who has voted at any election shall, in any disclosure of vote. proceeding to question the election, be required to state for whom

he has voted.

Votes to he

struck off at

& scrutiny.

104.-(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, viz. :—

(a) The vote of any person whose name was not on the register of voters assigned to the polling station at which the vote was recorded or who has not been authorised to vote at such station under Article 58 (1);

(b) the vote of any person whose vote was procured by bribery,

treating, or undue influence;

(c) the vote of any person who committed or procured the

commission of personation at the election;

(d) where the election was for a territorial constituency at a general election, the vote of any person proved to have voted at such general election for more than one territorial constituency;

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(e) the vote of any person who, by reason of a conviction or the report of an election judge, was incapable of voting at the election;

(f) votes given for a disqualified candidate by a voter knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.

(2) The vote of a registered voter shall not, except in the case specified in Article 104 (1) (e), be struck off at a scrutiny by reason only of the voter not having been or not being qualified to have his name entered on the register of voters.

(3) On a scrutiny, any tendered vote proved to be a valid vote shall, on the application of any party to the petition, be added to the poll.

105.(1) The rules in the First Schedule to this Order (which Procedure and relate to the procedure and practice on election petitions) shall practice on have effect.

election petitions.

(2) The Governor in Executive Council may from time to time make rules, to be published in the Gazette, amending, rescinding, or supplementing such rules.

(3) All such rules shall, as soon as conveniently may be, be laid before the Legislative Council, and may, at any of the next following three meetings, be rescinded by resolution of the Legislative Council, but without prejudice to anything already done thereunder, and if not so rescinded shall be deemed to be valid.

(4) If any matter of procedure or practice on an election petition shall arise which is not provided for by this Order or such rules the procedure or practice in force in England on the same matter shall, so far as it is not inconsistent with this Order or any such rules and is suitable for application to this Island, be observed and havo effect.

106. On an election petition the decision of a returning officer Rejection of whether or not a ballot paper shall be rejected under Article 68 ballot paper by shall not be questioned.

returning officer to be final.

POWERS AND PROCEDURE OF THE COUNCIL.

107. It shall be lawful for the Governor, with the advice and Power to make consent of the Council, to make laws for the peace, order and good laws. government of the Island.

108. No law made by the Governor, with the advice and consent Assent to laws. of the Council, shall take effect until either the Governor shall have assented thereto in the name and on behalf of His Majesty and shall have signed the same in token of such assent, or His Majesty shall have given his assent thereto by Order in Council or through one of His Principal Secretaries of State.

109. When the Governor assents to a law, he shall, by the first Disallowance of convenient opportunity, transmit an authentic copy in duplicate of laws. the law to one of His Majesty's Principal Secretaries of State, and it shall be lawful for His Majesty, at any time within two years after such copy shall have been received by the Secretary of State, to notify to the Governor his disallowance of such law through one of His Principal Secretaries of State, and every law so disallowed shall become null and void from and after the day on which the Governor shall signify such disallowance by Proclamation in the Government Gazette.

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PUBLIC RECORD OFFICE

Reference :-

TRELEC.O.882/11

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON