No. 24-1873. REGISTRATION OF VOTERS, &c. of any applicant for registration, or if the objection to any claimant be overruled, and as often as the claim of any applicant shall be admitted, a certificate of registration shall be delivered to such applicant or claimant; and the name of every person objected to in regard to whom the objection shall have been allowed, shall be considered as if the same had never been inserted in the voters' lists aforesaid: Provided, always, that the voters' list for such division shall under the supervision of the Civil Commissioner, be rectified by adding the name of every such claimant or applicant for registration whose claim to be registered as a voter and to vote shall have been admitted and by expunging the name of every person objected to in regard to whom the objection shall be allowed: and such list when so rectified, shall become and remain, so long as no fresh registration of voters shall have taken place in and for such electoral district, the list of registered voters for such electoral district; and a clear and correct copy of such list shall be, at all times, preserved in the office of the Civil Commissioner: Provided, also, that every case in which the Governor shall have ascertained that the claims or objection to be heard and determined at any particular place are too numerous to be conveniently determined by the said Civil Commissioner alone, it shall and may be lawful for the said Governor to appoint an officer or officers to assist the said Commissioner in hearing and determining claims and objections as aforesaid. 23. In every case in which an objection to any applicant for registration as a voter shall be sustained, and the name of such applicant shall have been expunged by the Civil Commissioner as in the last preceding Section provided, the fee paid by such applicant under the 14th section of this Proclamation shall be forthwith refunded to him by the registering officer. ELECTIONS. 24. So soon as it shall appear from the reports of the Civil Commissioners aforesaid that the lists of persons qualified to vote in the several electoral districts of the said Province have, in such manner and form as aforesaid been completed, it shall and may be lawful for the Governor by Proclamation to command that the returning officer, to be by him appointed for each of the said electoral districts respectively, shall cause to be taken and returned to the Secretary to Government, or such other person as by such Proclamation may be in this behalf appointed, all the votes of persons entitled to vote in such respective electoral districts which shall be given in manner herein provided, for the candidates for election as a member of the Legislative Council for the said districts respectively, and the Governor shall in such Proclamation or Proclamations as he shall issue as aforesaid, fix and appoint the several polling-places in and for each electoral district, and fix and appoint the day on which the polling shall commence at every such place, and the day on which the same shall finally close: Provided that every such Proclamation shall be published in the Official Gazette, not less than thirty days before the earliest day mentioned therein for the commencement of the poll at any pollingplace in any district in such proclamation mentioned. 25. Upon the day appointed for commencing to take the poll for members of the Legislative Council at any polling place within any electoral district, the officer appointed to take the poll thereat shall attend for the purpose of so doing at such polling-place, having in his possession a copy of the rectified list of voters for such district as the same is here inbefore in the 22nd Section of this Proclamation described, certifled under the hand of the Civil Commissioner to be a correct copy. 26. All persons whose names shall be inserted in the list of voters for any electoral district but no other person shall be entitled to vote in and for such electoral district only for members of the Legislative Council and each voter shall be bound to produce the registration certificate hereinbefore mentioned before recording his vote or votes, and in default of production of the said registration certificate shall be peremptorily excluded from voting by the returning officer aforesaid: Provided, always, that the list of voters for each electoral district shall for the purposes of this Section, be taken to include the name of every claimant whose claim shall be allowed by the Civil Commissioner or other officer aforesaid, and not to include the name of any person originally inserted upon such list in regard to whom an objection shall have been allowed by any such Civil Commissioner or Officer. 27. The poll at every polling-place in each electoral district shall upon every day appointed for taking the poll thereat, open at eight o'clock in the forenoon and close at five o'clock in the afternoon. 28. Beyond the demand for the production of the registration certificate from every voter hereinbefore mentioned, no inquiry shall be permitted at the time of polling as to the right of any person to vote, except only as follows, that is to say, that the officer taking the poll shall, if required by or on behalf of any candidate, and may of his own motion when he shall deem it fitting, put to any voter, at the time of tendering his vote, and not afterwards, the following questions or either of them, and none other. Firstly. Are you, to the best of your knowledge and belief, the same person whose name Secondly. Have you already voted, either here or elsewhere, at this election for any And if any person shall wilfully make a false answer to either of the questions aforesaid, he shall be deemed to be guilty of the crime of contravening this present Section of this Proclamation, and shall on conviction of any such offence, be liable to be imprisoned, with or without hard labour, for any period not exceeding two years. 29. In the district of Barkly and Hay each duly qualified and registered voter shall be entitled to give at each election one vote only; in the district of Kimberley each duly qualified and registered voter shall be entitled to give at each election two votes, and shall be entitled at his discretion, to give at any such election one vote to each of any two candidates, or to give both his votes to one candidate. 30. The manner of voting at every following place in each district, for members of the REGISTRATION OF VOTERS, &c. Legislative Council shall be as follows, that is to say: The Governor shall cause the officer appointed as aforesaid to take the poll at each polling place to be furnished with a sufficient number of printed lists of the several candidates for the district, whose names shall have No. 24-1873. been published in the Official Gazette fourteen days at least before the commencement of the poll, and each voter shall in presence of such officer, write or cause such officer to write, upon one such list, against the name or names of the candidate or candidates whom such voter shall desire to be chosen, the vote or number of votes which he shall give to such candidate or to each of such candidates respectively, and the name of such voter shall by such officer be legibly written at the top of such list, and shall either by himself or by such officer, at his request, be signed or written at the foot of such list, which lists shall also be signed by such officer in attestation of the correctness thereof: Provided always that when and as often as the identity of any voter shall be established, no omission, either in the voters' list of the division, or in the list in this Section mentioned, of one or more of the Christian names of such voter-and no variance between the said last mentioned lists in regard to the Christian names of such voter,--and no error in the spelling of either the Christian names or the surname of such voter shall destroy or affect the validity of his vote. 31. As soon as the time limited for keeping open the poll at any polling-place at any election of a member or members of the Legislative Council shall have expired, no further votes shall be received thereat, and the Officer who shall have taken the poll at such polling-place shall, with all convenient speed, deliver in person, or securely enclose and transmit to the Civil Commissioner of the Division, or such other person as may be appointed in this behalf as hereinbefore mentioned, the list received by such officer from the voters at such polling-place. 32. The lists of votes for the several electoral divisions of the Province respectively shall be returned by each Civil Commissioner to the Secretary to Government, or such other person as may be appointed to receive the same, accompanied by a return from the Civil Commissioner stating the number of votes recorded in each division for each candidate, and such return shall be published in the Official Gazette; and the Governor shall by proclamation in the Official Gazette declare such four candidates respectively as may appear by the certificates aforesaid to have been elected by the votes, and (as the case may be the majority of votes, received as aforesaid, to be duly elected members of the said Legislative Council for such districts respectively, and the day of publication of such proclamation shall, for the purpose of computing the time during which such members are, under the provision of Her Majesty's Letters Patent hereinbefore recited, to hold their seats, be deemed and taken to be the date of their election: Provided that if it appear by such certificate that, by reason of any two or more candidates having received an equal number of votes, the requisite number of members cannot be declared to be elected by the majority of votes, the Governor shall, before he shall issue such proclamation, as last aforesaid, cause the member or members required to make up such number to be determined by lot among the candidates having such equal number of votes, such lot to be drawn in presence of His Honour the Recorder of the High Court. and of such candidates, or their agents authorized in writing (in case such candidates or agents think fit to attend); and the Recorder shall certify to the Secretary to the Government, under his hand, the name of the candidate or candidates upon whom the lot has fallen, and such certificates shall be published in the Official Gazette, and the Governor shall, by such Proclamation as aforesaid declare such candidate or candidates to be, with the candidate or candidates having such majority of votes as aforesaid, duly elected members of the said Council. 33. No person shall be permitted to vote in any district for any member of the Legislative Council except a person whose name shall be inserted in the list of registered voters for such electoral district, and who shall, in person, appear to vote; and no person shall under any circumstances enjoy the right of voting for elective members of the Legislative Council in more than one electoral district: Provided that the list of registered voters for the time being in and for the several electoral districts shall, for all purposes and in all places be deemed, and taken to be, conclusive proof of the right to vote of every person inserted therein; and no such list shall be opened up, or the right of any voter mentioned therein questioned, in any manner, or by any proceeding in the said Legislative Council. CANDIDATES. 34. No person shall be qualified to be elected a member of the said Council who shall not himself be a registered voter of the Province. 35. No person shall be deemed a candidate at any election of members of the said Council, unless he shall have been invited to become such candidate by a requisition in writing, signed by not less than twenty-five registered voters in and for the Division in respect of which the election of a member or members of the Legislative Council is directed to be, every such signature being accompanied by a full and correct address of the person so signing, and shall have accepted such requisition, in writing under his hand, and shall have transmitted, within the time limited on his behalf by the 37th Section of this Proclamation, such requisition, with such acceptance thereof, to the Secretary to the Government, or such other person as may be appointed as herein mentioned. 36. No candidate shall be entitled to accept more than one requisition, and no person shall be entitled to sign a requisition to more than one candidate or to sign more than one requisition in respect of the same election and if the same person shall sign more than one such requisition his signature shall be expunged from all the requisitions which he may have signed, and he shall not be capable of signing another requisition for the election in respect of which he shall have so signed. 37. The Governor shall, by proclamation to be published in the Official Gazette not less than twenty-eight days before the day appointed for the commencement of the poll, call upon all persons who may have received and accepted such requisitions as aforesaid to become candidates, to transmit such requisitions, and their acceptance thereof, within a time to be limited in such proclamation, to the Secretary to Government, or such other person as by such proclamation may be appointed in this behalf. No. 21-1873. REGISTRATION OF VOTERS, &c. 38. The Governor shall cause to be published in the Official Gazette fourteen days at least before the day appointed for the commencement of the poll, separate lists for each electoral district of the candidates who shall have received and accepted and transmitted as aforesaid such requisitions. Every candidate at any election of members of the said Council, must, previous to the publication of his name in the Official Gazette either deposit a sum not exceeding fifty pounds sterling with the Civil Commissioner of the Division to cover the expenses of his election or must give security for the like amount to the satisfaction of the said Civil Comunissioner. 39. If any returning officer or any person whatsoever shall wilfully contravene or disobey the provisions of this Proclamation, or any of them with respect to any matter or thing which such returning officer or other person is hereby required to do, he shall for such his offence, be liable to be sued in any competent court, for the penal sum of one hundred pounds, and the plaintiff shall recover the said sum or such lesser sum as such court shall think he ought to pay for such offence, with full costs: Provided that no such action shall be brought except by a voter, or person claiming to be a voter, or a candidate, or a member actually returned for the Legislative Council, or other party aggrieved. RESIGNATION AND VACATING OF SEATS. 40. It shall be lawful for any elective member of the Legislative Council, by writing, under his hand, addressed to the Governor, to resign his seat in the said Council; and upon the receipt of such letter of resignation by the Governor, the seat of such member shall become vacant. 41. If any elective member of the Legislative Council shall for one whole session of the said Council fail to give his attendance therein, without the permission of such Council, or shall take any oath, or make any declaration of acknowledgment of allegiance, obedience, or adherence to any foreign prince or power, or shall do, concur in, or adopt, any act whereby he may become a subject or citizen of any foreign state or power, or if he shall be convicted of any of the crimes and offences specified in the ninth section of this Proclamation, or if his estate shall be or become sequestrated as insolvent,--the seat of such member of the Legislative Council shall thereby become vacant. 42. When and as often as any vacancy or vacancies shall occur in regard to any elective seat or seats in the Legislative Council a new election or new elections shall be held for supplying such vacancy or vacancies in like manner as is hereinbefore ordered with regard to the first elections: Provided that no member elected to supply such vacancy shall hold his seat longer than during the term for which the member occasioning such vacancy might, but for the cause creating the vacancy, have held his seat: And provided also that no such vacancy shall render the Legislative Council incompetent for the dispatch of business. PROROGATION AND DISSOLUTION. 43. It shall and may be lawful for the Governor, whenever he shall see fit so to do, to prorogue or dissolve the Legislative Council. 41. Whenever by reason of such dissolution aforesaid, or by effluxion of time, there shall be a general election of elective members of the Legislative Council the like proceedings, mutatis mutandis, shall be had in regard thereof as are hereinbefore directed in regard to the first or original elections. CORRUPT PRACTICES AT ELECTIONS. 45. The following persons shall be deemed guilty of bribery, and shall be punished accordingly (1) Every person who shall directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or to endeavour to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election. (2) Every person who shall directly or indirectly by himself or by any other person on his behalf, give or procure or agree to give or procure, or offer, promise, or promise to procure or to endeavour to procure any office, place, or employment to or for any voter or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election. (3) Every person who shall directly or indirectly by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise or endeavour to procure the return of any elective member of the said Legislative Council, or the vote of any voter at any election. (4) Every person who shall upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise or endeavour to procure, the return of any elective member of the said Legislative Council or the vote of any voter at any election. (5) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid, any money to any person, in discharge or repayment of any money, wholly or in part, expended in bribery at any election. And any person so offending shall be guilty of an offence punishable by fine not exceeding two hundred pounds, or by imprisonment, for a term not to exceed one year, and shall also be liable to forfeit the sum of one hundred pounds to any person who shall sue for the same, together with full costs of suit: Provided, always, that nothing herein contained shall extend to any money paid, or agreed to be paid, for or on account of any legal expenses bona fide incurred at or concerning any election. 46. The following also shall be deemed guilty of bribery, and shall be punishable accordingly : REGISTRATION OF VOTERS, (1) Every voter who shall, before or during any election directly or indirectly, by himself No. 24--1873. or by any other person on his behalf, receive, agree, and contract for any money, gift, loan, valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining, or agreeing to refrain, from voting at any election. (2) Every person who shall, after any election, directly, or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted, or refrained from voting, or having induced any other person to vote, or to refrain from voting, at any election And any person so offending shall be guilty of an offence punishable by fine not exceeding one hundred pounds, or imprisonment not exceeding a term of six months, and shall also be liable to forfeit the sum of ten pounds to any person who shall sue for the same, together with the full costs of suit. 47. Every candidate at an election, or other person who shall corruptly, by himself, or by or with any other person, or by any other ways or means on his behalf, at any time, either before, during, or after any election, directly or indirectly, give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay, wholly or in part, any expenses incurred for any meat, drink, entertainment, lodging, provision, or conveyance, to or for any person, for the purpose of corruptly influencing such person, or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or refrained from voting or being about to vote or refrain from voting, at such election, shall be deemed guilty of the offence of treating, and shall forfeit any sum not exceeding fifty pounds to any person who shall sue for the same, with full costs of suit. 48. Every person who shall directly or indirectly, by himself or by any other person on his behalf make use of or threaten to make use of any force, violence, or restraint, or inflict or threaten the infliction, by himself or by or through any other person, of any injury, damage, harm, or loss, or in any other manner practise intimidation 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 shall by abduction, duress, or fraudulent device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the franchise of any voter, or shall thereby compel, induce, or prevail upon any voter, either to give or to refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of an offence punishable by fine not exceeding fifty pounds, or imprisonment not exceeding a term of six months, and shall also be liable to forfeit the sum of fifty pounds to any person who shall sue for the same, together with full costs of suit. 49. Whenever it shall be proved before the Civil Commissioner of any division that any person who is, or claims to be, placed on the list or register of voters for such division, has been convicted of bribery, treating, or undue influence at an election, or that judgment has been obtained against any such person for any penal sum hereby made recoverable in respect of the offences of bribery, treating, or undue influence, or either of them, then and in that case such Civil Commissioner shall, in case the name of such person is on the list of voters, expunge the same therefrom, or shall, in case such person is claiming to have his name inserted therein, disallow such claims, and the names of all persons whose names shall be expunged from the list of voters, and whose claims shall be so disallowed, shall be thereupon inserted in a separate list, to be entitled, "The list of persons disqualified for bribery, treating, or undue influence," which last-mentioned list shall be preserved in the office of the Civil Commissioner for general information. 50. No candidate or other person shall before, during, or after any election, in regard to such election, directly or indirectly, give or provide to or for any person having a vote at such election, or to or for any inhabitant of the division for which such election is had, any cockade, ribbon, or other mark of distinction: and every person so giving or providing shall, for every such offence, forfeit the sum of five pounds to such person as shall sue for the same, together with full costs of suit; and all payments made for or on account of any chairing, or any such cockade, ribbon, or mark of distinction as aforesaid, or of any bands of music, or flags, or banners, shall be deemed illegal payments within this Proclamation. 51. The pecuniary penalties hereby imposed for the offences of bribery, treating, or undue influence, respectively, shall be recoverable by action or suit by any person who shall sue for the same in the High or Circuit Courts of this Province, but not in any other court. 52. It shall be lawful for any criminal court, before which any prosecution by any private prosecutor shall be instituted for any offence against the provisions of this Proclamation, to order payment to the prosecutor of such costs and expenses as to the said court shall appear to have been reasonably incurred in and about the conduct of such prosecution: Provided, always, that no indictment for bribery, treating, or undue influence shall be triable before any other than the High or Circuit Court. 53. For the more effectual observance of this Act, every Proclamation which shall at any time hereafter be issued by the Governor shall proclaim and make known that all persons who are guilty of bribery, treating, or undue influence at or in reference to the said election will, upon conviction, be liable to the penalties provided by this Proclamation. 64. In case of any indictment or information by a private prosecutor, for any offence against the provisions of this Proclamation, if judgment shall be given for the defendant, he shall be entitled to recover from the prosecutor the costs sustained by the defendant by reason of such indictment or information, such costs to be taxed by the proper officer of the court in which such judgment shall be given. 55. It shall not be lawful for any court to order payment of the costs of a private prosecution for any offence against the provisions of this Proclamation, unless the prose cutor shall, before and upon the finding or filing of the indictment or information, enter into a recognizance before the Recorder of the High Court, with two sufficient sureties, in the sum of two hundred pounds, with the conditions following, that is to say, that the prosecutor shall conduct the prosecution with effect, and shall pay to the defendant or defendants, in case he or they shall be acquitted, his or their costs. No. 24-1873. DIGGING PROCLAMATION SUSPENDED. 56. No person shall be liable to any penalty or forfeiture hereby enacted or imposed unless some prosecution, action, or suit for the offence committed shall be commenced against such person within the space of six months next after said offence against this Proclamation shall have been committed, and unless such person shall be summoned, or otherwise served with a process, within the same space of time, provided such summons or service of process shall not be prevented by such person absconding or withdrawing out of the jurisdiction of the court out of which such summons or other process shall have issued, in which case the summons or process may be served within six months after the return of such person within the jurisdiction of the court; and in case of any such prosecution, suit, or process as aforesaid, the same shall be proceeded with and carried on without any wilful delay. 57. The giving, or causing to be given, to any voter on the day of nomination or day of polling, on account of such voter having polled or being about to poll, any meat, drink, or entertainment by way of refreshment, or any money or ticket to enable such voter to obtain refreshment, shall be deemed an illegal act and the person so offending shall forfeit the sum of ten pounds for each offence to any person who shall sue for the same, by civil action in any competent court, together with full costs of suit. 58. In construing this Proclamation the word "Governor " shall mean His Excellency the Governor of the Province of Griqualand West, or any officer for the time being lawfully administering the government of the said Province: and the word "Gazette" shall mean any newspaper or other printed sheet wherein the Acts, Proclamations, and Notices of the Government of the said Province are published by competent authority; and whenever mention is made of any public officer the officer mentioned shall be deemed to be such officer for the time being or the officer acting as such; and words importing the singular number shall include also the plural number, and words importing the plural number shall include also the singular number, unless there be something in the subject or context repugnant to such construction, 59. This Proclamation shall commence and take effect within the Province of Griqualand West from and after the publication thereof. This Proclamation was promulgated in the Province by Government Gazette extraordinary on 16th July, 1873. No. 27 of 1873.-Sd. R. Southey.] [Aug. 13, 1873. The "jumping" and forfeiture of claims suspended till 15th September, 1873. WHEREAS by Proclamation under my hand, dated the 11th July last, I did proclaim, declare, and order that from and after the publication of the said Proclamation, the operation of Sections 11 and 16 of the Proclamation No. 71 (1) of 1871, of His Excellency Sir HENRY BARKLY, K.C.B., Governor of Griqualand West, should be suspended until the 15th instant, and, whereas it appears to me expedient that the suspension of the operation of the said Sections of the said Proclamation should be continued, pending the consideration of measures for amending and consolidating the laws now in force for the regulation of Public Diamond-fields within this Province: Now, therefore, I do hereby proclaim, make known, and order, that the operation of the said 11th and 16th Sections of the said Proclamation, No. 71 of 1871, shall be, and the same hereby is suspended until the fifteenth day of September next ensuing. No. 30 of 1873.-Sd. R. Southey.] [Sept. 13, 1873. The "jumping" and forfeiture of claims suspended till 31st December, 1873. WHEREAS by Proclamation under my hand, dated the 13th of August last (2), I did proclaim, declare, and order that from and after the publication of the said Proclamation, the operation of Sections 11 and 16 of the Proclamation No. 71 (1) of 1871, of His Excellency Sir HENRY BARKLY, K.C.B., Governor of Griqualand West, should be suspended until the 15th instant, and, whereas, it appears to me expedient that the suspension of the operation of the said Sections of the said Proclamation should be continued, pending the consideration of measures for amending and consolidating the laws now in force for the regulation of Public Diamond-fields within this Province: Now, therefore, I do hereby proclaim, make known, and order, that the operation of the said 11th and 16th Sections of the said Proclamation, No. 71 of 1871, shall be, and the same hereby is, suspended until the thirty-first day of December next ensuing. |