CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 29

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PART III

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(1) to make a declaration to that effect and to

declare that the office in which the defendant

has acted is vacant;

(ii) to grant an injunction restraining the defendant

from so acting;

(iii) to order that the defendant shall forfeit to

His Majesty such sum as the court think fit,

not exceeding one thousand dollars for each

occasion on which he so acted while disqualified;

(b) in proceedings in a court of summary jurisdictions,

the court shall, subject to the provisions of this

section, have power on conviction to impose on the

defendant a fine not exceeding one thousand dollars

for each occasion on which he so acted while

disqualified.

(3). Where proceedings are instituted under this section

in a court of summary jurisdiction, then

(a) if the court is satisfied that the matter in

question would be more properly dealt with in the

Supreme Court, the court shall order the discontinuance

of proceedings in the court of summary juridiction;

(b) if, on application made to the Supreme Court by the

defendant within fourteen days after service of the

summons upon him, the Supreme Court is satisfied as

aforesaid, the Supreme Court may make an order, which

shall not be subject to any appeal, requiring the

court of summary jursidiction to order the

discontinuance of proceedings in the court of summary

jurisdiction.

(4) Where in proceedings instituted under this section in

the Supreme Court it is proved that the defendant claims to

act as a member of the Council and is disqualified for so acting

(26)