PART III
28
(In U.K. £20)
Costs of returning officer in legal proceedings.
8.83
Proceedings in respect of qualification.
3.84
exceeding five hundred dollars, or to both
such imprisonment and fine.
(2) It shall be the duty of a returning officer to
institute proceedings against any person whom he may
have reasonable cause to believe to have been guilty of
the offence of personation under this section at the
election for which he is returning afficer.
(3) A person charged with the offence of personation
under this section shall not be convicted or comitted for
trial except upon the evidence of not less than two
credible witnesses.
44. All costs properly incurred by a returning
officer in the institution of legal proceedings arising
out of an election held under this Ordinance shall be deemed
to form part of the expenses properly incurred by him in
relation to the holding of the election.
45.- (1) Proceedings may be instituted, either in
the Supreme Court or in a court of summary jurisdiction,
against any person acting as a member of the Council, on
the ground of his being disqualified within the meaning of
this section for so acting, and proceedings may be
instituted in the Supreme Court on the like ground against
any person claiming to be entitled so to act:
Provided that proceedings under this section on the
ground of a person acting as aforesaid shall not be
instituted after the expiration of six months from the
date on which he so acted.
(2) Where in proceedings instituted under this
section it is proved that the dependant has acted as
member of the Council while disqualified from so acting,
then
(a) in proceedings in the Supreme Court, the Court
shall have power
(25)
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