1; ZH-f^"^ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES L-^ \o ORANGE RIVER COLONY, t( ^'^ LETTERS PATENT AND INSTRUCTIONS RELATING TO THE ORANGE EIYER COLONY. IPresentfti to bori; I^oiises of l^ailtament bp Commanti of l^is iWajestp. June 1907. LONDON: rPJNTED FOR HIS MAJESTY'S STATIONERY OFFICE. BY HARRISON AND SONS, ST. MARTIN'S LANE, PRINTERS IN ORDINARY TO HIS MAJESTY. And to be piirphased, either directly or through any Bookseller, from WYMAN AND SONS, Ltd., Fi-.tteu'Lank, E.G.; and 32, Ar.iNGDox Stkktct, AVkstmixster, S.W. ; or OLIVER AND BOYD, Tweeddai.e Court, EDiNiiiiicir ; or E. rONSONBY, 116, Grafton Street, Dublin. [Cd. 3526.] Frite o^d. 1907. LIST OF PAPERS. No. Page 1. Letters Patent providing for the Constitution of Responsible Government . . . . 1 2. Letters Patent constituting the Office of Governor . . . . ■ . . . . . 42 3. Instructions to tlie Governor ., .. .. .. •• .• ..44 APPENDLX. L Telegram to the Governor, dated December 17, 1906 . . .. .. ..47 II. Telegram to the Governor, dated June 7, 1907 .. .. .. .. ..47 ORANGE RIYER COLONY. Letters Patent and Instructions relating to the Orange- River Colony. No. 1. Letters Patent passed under the Great Seal of the United Kingdom, Dated PROVIDING FOR THE ESTABLISHMENT OF RESPONSIBLE GOVERNMENT IN ^^''' J^ne, 1907. THE Orange River Colony. Edward the Seventh, by the grace of God of the United Kingdom of Great Britain and Ireland and of the Britisli Dominions beyond the Seas King, Defender of the Faith, Emperor of India. To all to whom these Presents shall come, Greeting. WHEREAS by Our Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the 2nd Recites Letters day of August, 1901, We did constitute the office of Governor and Com- Patent of the 2nd mauder-in-Chief (hereinafter called " the Governor ") of Ovu' Orange River ^"S'ust, 1901. Colony (hereinafter called "the Colony"), and did make provision for a Legislative Council in and for the said Colony ; And whereas We think fit to provide for the establishment of Respon- sible Government in the Colony : Now know ye that We do declare Our will and pleasure to be as follows : — Tue Legislature. I. In place of the Legislative Council now subsisting there shall be The Legislature, a Legislature consisting of a Legislative Council and a Legislative Assembly, constituted as hereinafter provided. The constitution, appointment, and j)owers of the Legislative Council now subsisting shall continue in force until the date of the nomination of Members for election to the Legislative Assembly and no longer. Legislative Council. II. The Legislative Council shall consist of eleven Members, avIio Legislative Coun- shall be summoned by the Governor, and if any vacancy shall occur in cil. the Council a Member shall be appointed to fill the said vacancy by the c'oustitutiun. Governor in Council until the completion of the jjeriod for which the person in whose place he is appointed would have held office. Members of the Council shall be appointed in Our name by instruments under the Public Seal of the Colony. [625] B 2 Qualification for membership. Re.sig-nation of ^•fenjbeivs. President of CLimicil. Quoiuui. Provision for establish iiient of t'lective Leg'isla- tive Council. be of the as the ao;e of Colony for a voter for III. No person shall he summoned unless he shall 30 years or upwards, nor unless he shall have resided in three years, nor unless he shall be qualified to be rcg'istere some electoral division of the Colony. IV. A]iy jMember of the Legislative Council may resign his seat therein, by ATriting under his hand, addressed to the Governor; and upon the receipt of such resignation by the Governor the seat of such Member shall become vacant. V. — (1.) The Governor in Council may appoint one Member of the Legislative Council to be President thereof, and may remove him and appoint another in his stead ; and the President may at any time take part in any debate or discussion in the said Council. (2.) In the absence of the President some Member elected by the Legislative Council shall preside. VI. The Legislative Council shall not be competent to proceed to the despatch of business unless four Members shall be present. VII. — (1) Three of the Members of the Legislative Council as first constituted shall vacate their seats at the expiration of the third year from the date of the issue of the first summons of any Members thereto, four at the end of the fifth year, and four at the end of the seventh year. The Members who retire at the end of the third, fifth, and seventh years, respectively, shall be decided by lot. The Governor in Council shall summon fresh Members to take the place of the Members retiring at the end of the third, fifth, and seventh years, and every such Member, and every Member of the Legislative Council thereafter appointed, shall hold office for five years from the date of his summons to the Council. Provided that any Member retiring in manner aforesaid may be reappointed by the Governor in Council. (2.) It shall be lawful at any time, after four years from the date of the first meeting of the Council, for the Legislature to pass a law jiroviding for the election of Members of the Legislative Council, and thereupon, subject to the provisions of such law, the then existing TvCgislative Council shall be dissolved; and thereafter all Members of the Legislative Council shall be elected, and shall jDOssess such qualifications, and shall be elected in such manner, by such persons, and for such periods, as may have been prescribed by the said law. Legislative Assembly. Legislative Assembly. Constitution. Qualification of voters. Parsons disquali- lied as voters. VIII. The Legislative Assembly shall, save as hereinafter provided, consist of thirty-eight Members, who shall be elected by the voters in the electoral divisions defined and named in the manner prescribed by the first Schedule to these Our Letters Patent. Each such division shall return one Member of the Legislative Assembly. IX. — (1.) Every white male British subject of the age of 21 years and upwards, who is not subject to any of the disqualifications hereinafter mentioned, shall be entitled to be registered as a voter, and vrhen so registered to vote at any election of Members of the Legislative Assembly. (2.) Provided that no person on full pay belonging to Our regular forces maintained by annual vote of the Parliament of Our United Kingdom sliall be entitled to be registered as a voter or to vote. X. No person shall be entitled to be registered as a voter on any register of voters — (1.) (a.) Unless he has resided in the Colony for a period of not less than six months next before the commencement (as declared by proclamation of the Governor) of the framing of a general register of voters, and — ■ (6.) Is at the said date bond fide residing in the registration division for which he claims to be registered. (c.) Provided that any person who within three years next before the commencement of the framing of a general register of voters has resided in the Colony for not less than six months, but who has been temporarily absent during the six months next before that date, shall be entitled to be so 3 First elections. Registration of voters, &c. registered, notM'itlistfinfling such absence, on proof being given by him, or on his behalf, to the registeriug Oflicjer that his absence was tein])orary. (2.) If he has been by any of Our Courts — («.) Convicted since the 31st day of May, 1902, of treason or at any time of murder, unh'ss lie shall liave obtained a free pardon. (6.) Convicted at any time of any olfence and sentenced to imprison- ment without the option of a fine, which imprisonment sliall not liave expired at least three years before the date of tlie commencement of the framing of such register. (3.) If he has been, within six months oi' the commencement of the framing of such register, in receipt of relief from [lublic funds in tlie Colony not being relief by way of rejiatriation iiiuler Article x\. of the Terms of Peace of tlie 31st May, 1902 : Provided that treatment without payment therefor in any hospital supported wholly or partly out of public i'unds shall not be regarded as relief from public funds. XI. Por the purpose of the first election of Members of the Legislative Assembly, to be held under the provisions of tliese Our Letters Patent, and of every subsequent election until such time as there shall be a fresh register of voters framed as hereinafter prescribed, a list shall be prepared of the persons entitled to be registered as voters in each ward of every magisterial district in the Colony, and in such town or group of towns as defined by their municipal areas to which a member or members is or are allotted in the Pirst Schedule to these Our Letters Patent. XII. The registration of voters, the preparation of lists of voters, the conduct of elections, and the hearing of election petitions, shall be carried out in accordance with the Regulations prescrilied in the Second Schedule to these Our Letters Patent. For the purpose of the first registration of voters, each such ward of a magisterial district, and each such town or group of towns, as the case may be, shall be deemed a registration division within the meaning of the said Schedule, and for the purpose of every subsequent registration of voters an electoral division shall be deemed to be a registration division. XIII. Upon the completion of the list of qualified voters, the Governor shall appoint three Commissioners for the purpose of the division of the Colony into electoral divisions, and may, on the death, resignation, or absence from the Colony of any of the said Commissioners, appoint another Commissioner ; and any person so appointed shall have all the powers and perform all the duties of the Commissioner in whose place he is appointed. The Commissioners shall proceed in accordance Avith the Regulations prescribed in the Pirst Schedule to these Our Letters Patent. XIV. — (1.) The Commissioners shall submit to the Governor — (a.) A list of electoral divisions, with the names given to them by the Commissioners, and a description of the boundaries of every such division ; (h.) A map or maps showing the electoral divisions into which the Colony has been divided ; (c.) Such further particulars as they consider necessary. (2.) The Governor may refer to the Commissioners, for their con- sideration, any matter relating to such list, or arising out of the powers or duties of the Commissioners. (3.) The Governor shall publish the names and boundaries of the electoral divisions, as finally settled by the Commissioners, in the " Gazette," and thereafter until there shall be a redivision, the electoral divisions so named and defined shall be the electoral divisions of the Colony, and each such division shall return one member to the Legislative Assembly. (4.) If any discrepancy shall arise between the description of the divisions and the aforesaid map or maps, the description shall prevail. XV. The Governor shall cause to be compiled from the list of qualified List of voters for voters a list of the voters resident in each electoral division of the Colony eacii division, as defined by the Commissioners at the date of the commencement of ■ the framing of the aforesaid first-mentioned list, and the list so compiled shall be Commissioners to divide tlie Colony into electoral divisions. List of electoral divisions. 4 Biennial registra- tion of voters. Redivision of the Colony into elec- toral divisions. Commissioners. When redivision of Colon}' to come into operation. (Qualification of Members of Legis- lative Assembly. Speaker of Legis- lative Assembly. .Speaker to preside. Quorum. Resignation of seat in Legislative Assembly. the register of voters for such division until a new register is made as hereinafter prescribed. XVI. There shall be a biennial registration of voters in every electoral division commenced not later than the last day of December in the year next but one after the commencement of the last preceding registration, and so on during each successive biennial period. Tlie first biennial registration shall be commenced not later than the last day of December 1909. XVII. Upon the completion of the voters' lists made in pursuance of the second biennial, and thereafter of every alternate biennial, registration, the Colony shall be redivided into electoral divisions for the purpose of the election of Members of the Legislative Assembly. XVIII. Eor the purpose of every such redivision, the Governor in Council shall appoint three Commissioners as hereinbefore prescribed in the case of the first division of the Colony into electoral divisions, and the provisions of these Our Letters Patent with reference to the said first division of the Colony shall apply in the case of every such redivision, provided that the Commissioners shall proceed in accordance with the Regulations prescribed in the Third Schedule to these Our Letters Patent, and that for the Governor in the provisions aforesaid shall be substituted the Governor in Council. XIX. Any redivision of the Colony made as aforesaid shall come into operation at the next general election held after the completion of the redivision, and not earlier. XX. — (1.) Any person (save as herein excepted) who shall be qualified to be registered as a voter in and for any electoral division shall be qualified and entitled to be elected a Member of the Legislative Assembly for that or any other electoral division. (2.) No person holding any oftice of profit under the Crown within the Colony, other than a Minister, as hereinafter defined, a member of the Inter-Colonial Council, of the Liquor Licensing Court, or of any Com- mission appointed by the Governor in Council, or under the provisions of any law to make any public inquiry, no unrehabilitated insolvent, no person whose estate shall be in liquidation under assignment in trust for his creditors, and no person declared of unsound mind by a competent Court, shall be eligible to be elected a Member of the said Assembly. (3.) The receipt of a pension from the Crown, or by an officer of Our naval or military forces of retired or half pay, shall not be deemed to be holding an office of profit under the Crown. (4.) No person who has acted as a registering or revising officer in connection with the framing or revision of a voters' list for any electoral division shall be eligible to "be elected as a Member for that division while sueh list is in force. XXI. — (1.) The Legislative Assembly shall on their first meeting, before proceeding to the despatch of any other business, elect one of their Members to be Speaker of the said Assembly (subject to confirmation by the Governor) until the dissolution thereof, and in case of vacancy in the office another Speaker shall be elected in like manner, and subject to such confirmation as aforesaid. (2.) The seat of a Member elected to be Speaker shall thereupon become vacant, and a fresli election shall forthwitli be held to fill the vacancy, and the Speaker shall not be a Member of the Legislative Assembly while he is Speaker. XXII. The Speaker or, in his absence, some Member elected by the Legislative Assembly, shall preside at the meetings thereof. XXIII. The Legislative Assembly shall not be disqualified from the transaction of business on account of any vacancies among the Members thereof, but the said Assembly shall not be competent to proceed to the despatch of l)usiness unless ten Alembers be present. XXIV. Any Member of the Legislative Assembly may resign his seat therein by writing under his hand addressed to the Speaker, and upon the receipt of such resignation by the Speaker the seat of such Member shall become vacant : Provided that no Member shall, Avithout the permission of the Legislative Assembly, resign bis seat while any proceedings are pending in respect of his election, if it is alleged in those proceedings that any corrui^t or illegal practices took place at that election. XXV. — (1.) Wliencvcr a vacancy occurs in the .Legislative Assembly Writs for filling from any cause, other than as the result of an election petition, the Speaker ^"cancies. shall, upon a Resolution of the said Assembly declaring such vacancy, inform the Governor tliereof. (2.) Provided that if such vacancy occurs when the Legislative Assembly is not in session, the Speaker, or, in case of tlie deatli, incapacity, or absence from the Colony of the Speaker, Ihe Clerk to the Asseml)ly, may, on a certificate under the hands of two Members of the Assembly, stating that such vacancy has occuiTed and the cause thereof, inform the Governor thereof. (3.) The Governor, on receiving such information, shall cause the necessary steps to be taken as prescribed in the Second Schedule hereto for filling such vacancy. Legislative Council and Legislative Assembly. XXVI. — (1.) There shall be a Session of the Legislature once at least Sessions of Legis- in every year, so that a period of twelve months shall not intervene '^ture. between the last sitting of the Legislature in one Session and the first sitting thereof in the next Session. (2.) The first Session shall be held within six months of the date when these Our Letters Patent shall commence to take effect. XXVII. The first and every other Session of the Legislature shall, until Place and times of otherwise directed by law, be held in Bloemfontein at such times as may be ''o'dinf^- Sessions notified by the Governor by Proclamation in the "Gazette." " XXVIII. — (1.) The Governor may from time to time prorogue the Prorogation and Legislature by Proclamation, which shall be published in the " Gazette," and JegSuTve Council the Governor may, whenever he shall think fit, dissolve the Legislative and Legislative Assembly and any elected Legislative Council in like manner. Assembly. (2.) The Governor shall dissolve the Legislative Assembly and any elected Legislative Council at the expiration of five years from the date of its election. XXIX. The Governor may transmit by Message to the Legislative Oovernor may Council and the Legislative Assembly the draft of any Bill which it may i'e^°X\,fj"'* ^ appear to him desirable to introduce, and all such drafts shall be taken into ' " consideration by the said Council and Assembly, as the ease may be, in such convenient manner as shall be provided in that behalf by Rules of Procedure. XXX. — (1.) Every Member of the Legislative Council and Legislative Oath to be taken Assemblv shall, before being permitted to sit or vote therein, take and \'y Members of subscribe the following oath before the President or Speaker respectively, or ° ^ before such person as may be ajipointed thereto by the Governor, should such oath be required to be taken before the appointment or election of a President or Speaker, as the case may be : — " I, A. B., do swear that I will be faithful and bear true allegiance to His Majesty King Edward the Vllth, his heirs and successors, according to law. So help me God." (2.) Provided that any person authorized by law to make a solemn affir- mation or declaration instead of taking an oath, may make such affirmation or declaration in lieu of such oath. XXXI. All questions in the Legislative Council or Legislative Assembly All questions to shall be determined by a majority of the votes of Members present, other J^ajority^of rotes, than the President, Speaker, or presiding Member, who shall, however, have and exercise a casting vote in case of an equality of votes. XXXII. If any Member of the Legislative Council or Legislative Member's seat in Assembly- ^ .^S.""' '"^^ (1.) Shall fail for a whole ordinary annual Session to give his attendance in the Legislative Council or Legislative Assembly ; or (2.) Shall take any oath, or make any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign State or Power ; or 6 Saviug of pen- sioners. Standing Rules and Orders. Officers of Legislature. Privileges, &c., of Members. Language in debates Language in records. Payment of Members. (3.) Shall do, concur in, or adopt any act whereby he may become the subject or ciiizen of any such State or PoAVcr ; or (4.) Shall become an insolvent or take advantage of any Law for the relief of insolvent debtors ; or (5.) Shall be a public defaulter, or be attainted of treason, or be sentenced to imprisonment for any infamous crime ; or (6.) Shall become of unsound mind ; or (7.) Shall accept any office of profit under the Crown other than that of a Minister, tbat of a member of the Inter-'Jolonial Council, of the Liquor Licensing Court, or of any Commission appointed by the Governor in Council, or under any law to make any public inquiry, or that of an officer of Our naval and military forces on retired or half pay; his seat shall become vacant, and if any person under any of the dis- qualifications herein mentioned shall, whilst so disqualified, knowingly sit or vote as a Member of the said Council or Assembly, such person shall forfeit the sum of one hundred pounds, to be recovered by the Attorney- General for the benefit of the Treasury by action in the High Court : Provided that a person in receipt of pension from the Crown shall not be deemed to hold an office of profit under the Crown within the meaning of this section. XXXIII. — (1.) The Legislative Council and Legislative Assembly in their first Session, and from time to time afterwards, as there shall be occasion, shall each adopt Standing Rules and Orders, joint as well as otherwise, for the regulation and orderly conduct of their proceedings and the despatch of business, and for the order in which the said Council and Assembly shall confer, correspond, and communicate with each other, and for the passing, intituling, and numbering of Bills, and for the presentation of the same to the Governor for Our assent. (2.) All such Rules and Orders shall by the said Council and Assembly respectively be laid before the Governor in Council, and being by him approved shall become binding and of force. (3.) Provided that the Standing Rules and Orders of the Legislative Council as now subsisting shall, until altered, added to, or amended, be the Standing Rules and Orders of the Legislative Council and of the Legislative Assembly. XXXIV. The salary of the President of the Legislative Council and of the Speaker of the Legislative Assembly shall be such as may be prescribed by any Law of the Colony ; and the Chief Clerk for the time being of the Legislative Council and of the Legislative Assembly shall respectively be removable from office only in accordance with a vote of the House of which he is an officer. XXXV. It shall be lawful for the Legislature of the Colony by any Law to define the privileges, immunities, and powers to be held, enjoyed, and exercised by the Legislative Council and Legislative Assembly, and by the Members thei-eof respectively : Provided that no such privileges, immunities, or powers shall exceed those for the time being held, enjoyed, and exercised by the Commons' House of Parliament of Our United Kintjdom, or the Members thereof. XXXVI. — (1.) All debates and discussions in the Legislative Council and Legislative Assembly shall be conducted in the English or Dutch language, and in no other language, and copies of the votes and proceedings of the said Council and Assembly, and of all proposed laws, shall be printed both in the Enolish and Dutch lans^uasres. (2.) Save as aforesaid, all journals, entries, minutes, and proceedings of the Legislative Council and Legislative Assembly shall be made and recorded in the English language. XXXVII. — There shall be paid out of the public revenue of the Colony to every Member of the Legislature the sum of one hundred and fifty pounds, together with the sum of two pounds for every day of the Session on whicli he has been in attendance : Provided that the sum paid to any such Member in any one calendar year shall not exceed three hundred pounds, and that no such payment shall be made to any such Member who is a Minister or avIio is President of the Legislative Council or to the Speaker of the Legislative Assembly. Lkgislation. XXXVIII. — (1.) It sliall be lawi'ul for Us and Our successors, by and with the advice and consent of the Legislative Council and Legislative Assembly, subject to the provisions oi' these Our Letters Patent, to make all Laws, to be entitled "Acts," which shall be required for the peace, order, and good government of the Colony. (2.) A Law passed by tbe Legislative Council and Legislative Assembly may repeal or alter any of the provisions of these Our Letters Patent. XXXIX. — (I.) If the Legislative Assembly passes any proposed Law and the Legislative Council rejects or fails to pass it, or passes it with amendments to Avhich the Legislative Assembly will not agree, and if the Legislative Assembly, in the next Session, again passes the ])rop()sed Law ■with or without any amendments which have been made, suggested, or agreed to by the Legislative Covmcil, and the Legislative Council i'(>jccts, or fails to pass it, or passes it with amendm(mts to which the Legislative Assembly will not agree, the Governor may during that Session convene a joint sitting of the Members of the Legislative Council and Legislative Assembly in the manner hereinafter provided, or may dissolve the Legislative Assembly, and may simultaneously dissolve both the Legislative Council and Legislative Assembly if the Legislative Council shail then he an elected Council. But such dissolution shall not take place within six months before the date of the expiry of the Legislative Assembly by effluxion of time. (2.) If after such dissolution the Legislative Assembly again passes the proposed Law, with or without any amendments, which have been made, suggt^sted. or agreed to by the Legislative Council, and the Legislative Council rejects or fails to pass it, or passes it -with amendments to which the Legis- lative Assembly will not agree, the Governor may convene a joint sitting of the Members of the Legislative Council and of the Legislative Assembly,, at which the Speaker of the Legislative Assembly shall preside. (3.) The Members present at any joint sitting convened under either of the preceding sub-sections, may deliberate and shall vote together upon the proposed Law, as last proposed by the Legislative Assembly, and ui3on amendments, if any, which have been made therein by the one House of the Legislature and not agreed to by the other, and any such amendments which are affirmed by an absolute majority of the total number of the Members of the Legislative Council and Legislative Assembly shall be taken to have been carried, and if the proposed Law, with the amendments, if any, so carried, is affirmed by an absolute majority of the total number of the Members of the Legislative Council and Legislative Assembly, it shall be taken to have been duly passed by the Legislature. XL. When any Law has been passed by the Legislature it shall be presented for Our assent to the Governor, Avho shall declare according to his discretion, but subject to this Constitution and to any instructions in that behalf given to him under Our Sign Manual and Signet, or through a Secretary of State, that he assents in Our name, or that he withholds assent, or that he reserves the Law for the signification of Our pleasure. XLI. Unless he shall have jn-eviously obtained Our instructions ujjon such Law through a Secretary of State, or unless such Law shall contain a clause suspending the operations of such Law until the signification in the Colony of Our pleasure thereupon. The Governor shall reserve — (a.) Any Law whereby persons not of European birth or descent may be subjected or made liable to any disabilities or resti-ictions to which persons of European birth or descent are not also subjected or made liable. {b.) Any LaA\- which may repeal or alter any of the provisions of these Our Letters Patent or of any Letters Patent or Orders in Our Privy Council relating to the Colony. And whereas it is Our will and pleasure that aU persons within Our dominions shall be free from any conditions of employment or residence of a servile character, the Governor shall reserve any Law providing for the introduction under contract, indenture, or licence, of labourers into the Colony from places outside South Africa. ' [625] C Power-to make laws. Disagreement between the Legis- lati\e Council and the LeK'islative Assembly. Governor's assent to Laws. i)escription of Bills to be reserved. Return of Bills by Governor to the Legislature. Disallowance bv the King-. Signification of King's pleasure on Bills reserved. Laws reserved when to take effect. "Laws to be jji-inted in "Gazette." Copies of Laws to be eni'oHed. Certificates of disallowance to bs enrolled. XLII. The Governor may return to the Legislative Council and Legislative Assembly any proposed Law so presented to him, and may transmit therewith any amendments Avhicli he may recommend, and the Legislative Council and Legislative Assembly may deal witli the recommen- dation. XLIII. It shall be laAvfid for Us, Our heirs and successors, to disallow any Law Avithin two years from the date of the Governor's assent thereto, and such disallowance, on being made known by the Governor by speech or message to the Legislative Council and the Legislative Assembly, or by Proclamation, shall annul the Law from the day Avhen the disallowance is so made known. XLIV. A proposed Law reserved for Our pleasure shall not ha^^e any force unless and until, within two years from the day on Avhich it was l^resented to the Governor for Our assent, the Governor makes known, by speech or mcsstige to the Legislative Council and the Legislative Assembly, or by Proclamation, that it has received Our assent. XLV. "Whenever any Law has been reserved for the signification of Our pleasure thereon, and the Governor shall signify, either by message to the Legislature or by Proclamation in the " Gazette," that such Law lias been laid before Us in Our Privy Council, and that We have been pleased to assent to the same, an entry shall be made in the journals of the Legislative Council and Legislative Assembly of every such message or Proclamation, and a duplicate thereof duly attested shall be delivered to the proper officer, to be kept amongst the records of the Colony. XLVL The Governor shall cause every Law which shall have been assented to in Our name to be printed in the " Gazette," in both the English and Dutch languages, for general information. XLVII. As soon as may be after any Law shall have been assented to in Our name by the Governor, or, having been reserved for the signification of Our pleasure. Our assent thereto shall, in manner aforesaid, have been signified by the Governor, the Clerk of the Legislative Assembly shall cause a fair copy of such Law, in the English language, signed by the Governor, to be enrolled on record in the Office of the Registrar of the High Court, and such copy shall be conclusive evidence as to the provisions of every such Law : provided, however, that the validity of any such laAV shall not depend upon the enrolment thereof. XLVIII. Whenever any Law assented to by the Governor in Our name in manner aforesaid has been disallowed by Us, the Governor shall cause a certificate of such disalloAvance, certified under the Public Seal of the Colony, to be enrolled in the Office of the Registrar of the High Court. The MiNisiRY. Ministerial offices Ri>>-hts of Miuis- ters to speak and vote. XLIX. (1.) — Within four months after the commencement of these Our Letters Patent the Governor may designate such offices as he thinks fit, not heing more than five in number, to be offices of Ministers. "(2.) Appointments to such offices shall bo made by the Governor in Our name, and such offices shall be held during Our pleasure. (3.) The holders of such offices shall be styled Ministers, and a Minister shall not vacate Iiis seat in the Legislative Council or Legislative Assembly by reason of his appointment to or retention of any such office. (i.) Evei-y Minister Avho is a ■Member of either House of the Legislature shall have the right to sit and speak both in the Legislative Council and Legislative Assenibly, but shall vote only in the Council or Assembly (as the case may be) of which he is a Member. Judges. Judges' appoint- ment, tenure, and remuneiation. L. The Judges of tlie High Court — (1.) Shall be appointed by the Governor in Council ; (2.) Shall not be removed except by the Governor in Council on an address from the Legislative Council and Legislative Assembly, praying for such removal on the ground of proved misbehaviour or incapacity ; (3.) Shall receive such remuneration as shall from time to time be prescrilied by Law, but the remuneration of a Judge shall not be diminished during his tenure of office. (4.) The remuneration of the present Judges shall not be diminished, and their commissions shall continue as heretofoi'c. Intercolonial Council, LI. (1.) — (a.) The Intercolonial Council, established under the Inter- Intercolonial colonial Council South Africa Orders in Council, shall continue to exorcise Council, such po\vers aud ])erform such duties as it has hitherto exercised and performed. (b.) On the date of the election of the Legislative Assembly, the four Members of the Council nominated by the Lieutenant-Governor, and the four Members of the Council elected from amoni? themselves bv the Members of the present LegislatiA^e Council of the Colony, shall cease to be Members of the said Intercolonial Council. (c.) The vacancies caused on the said Council as aforesaid, and the vacancy caused by the abolition of the office of Lieutenant-Governor of the Colony, shall be filled by — (1.) Five Members of the Legislative Assembly to be elected by it from among the Members thereof as soon as practicable after its first meeting; and (2.) Four persons to be aj^pointed thereto by the Governor in Council. (d.) Provided that it shall be lawful for the Governor, prior to suclt election or appointment, to appoint such persons as he may think fit to fill! vacancies on tliC said Council or on the Eailway Committee thereof, caused as aforesaid, who shall hold office as ^lembers of the Council until the said election and appointment as aforesaid, and as Members of the said Com- mittee until the appointment of a Eailway Committee by the Intercolonial Council according to Law. (2.) Ihe Govemment of the Orange River Colony or the Government of the Transvaal may, at any time after Ministers have been aiipointcd under Responsible Government in both Colonies, give notice either to the other to terminate the Council or any of the services now administered by it, or on its- advice ; and at the expiration of six months from the date of such notice the Council shall cease to exist, or such service shall bo terminated and no- longer administered by the said Council, or on its advice, as the case may be ;. and the said Intercolonial Council South Africa Orders in Council shall cease to be oporalive eitlier entirely or in respect of the sei'vice so terminated, as the case may be, Avitliout prejudice to anything lawfully done thereunder. (3.) All the property administered by or on the advice of the said Council, and all its rights and liabilities in connection therewith, shall, on the termina- tion of the said Council, or on the termination of any service administered by or on its advice, in so far as sucli property, rights, and liabilities relate to- such service, bo equitably apportioned and divided between tiie Governments- of the said Colonies, provided always that no such apportionment or division shall be carried out in such a way as to affect the rights of creditors or any mortgage or security upon any property now vested in the High Commis- sioner and Governor as the common ])roperty of both Colonies, and in ])ar- ticular any mortgage charge or security securing the payment of the capital and interest of the loan authorized by the Ordinance of the Transvaal intituled the "Transvaal Guaranteed Loan Ordinance, 1903." For the purposes of such apportionment and division the aforementioned loan shall be deemed and taken to be a liability of the Council. (4.) In default of agreement between the Government of the Colony and of the Government of the Transvaal touching any such apportionment and division, or any matter conBequent upon the termination of the Council or of any service administered by it, such matter shall, if both Governments agree thereto, be referred to arbitration, and in default of such agreement, then, upon the petition of either Government, shall be referred to Us in Our Priw Council, and Our said Council shall have power to hear and finally [625] C 2 10 determine the same, ami the Government of the Colony shall thereupon take all such action as mav be necessary to carry out tlie decision of Our said Council. . Native Adjiinistration. Governor to con- tinue to have authority over natives Assemblies of Chiefs. &c. Native lands. LII. — (1.) The Governor shall exercise over all Chiefs and natives in the Colony all power and authority now or at any time hereafter vested in him as Paramount Chief. (2.) The Governor in Council may at anytime summon an assembly of native Chiefs, and also, if it shall seem expedient, of other persons having special knowledge and experience in native affairs, to discuss with the Governor, or such representative as the Governor in Council may appoint, any matters concerning the administration of native affairs or the interests of natives, and the Governor iu Council shall consider any reports or representations submitted to him by any such assembly, and shall take such action thereupon as may seem necessary or proper. (3.) >o lands which have been, or may hereafter be, set aside for the occupation of natives shall be alienated or in any way diverted from the purposes for which tliey are set apart otherwise than in accordance with a Law passed by the Legislature. Land Settlement. LIII. (1.) — («.) There shall be established in the Colony on the appointed day (a? hereinafter delined) a Board, to be called the Orange River Colony Land Settlement Board, for the purpose of exercising and discharging, in respect of the lands, houses, and other fixed property herein- after mentioned and the persons in occupation of them, the I'ights and duties conferred and imposed upon the Government of the Colony or any Member thereof by any Law of the Colony or by any Agreement between such persons and the Government. For the purposes of this section persons in occupation shall include persons who, after the appointed day may become the lawful occupiers of any such lands, hoiises, or other fixed property. (6.) The Board shall be a Body Corporate, and shall consist of three Members, resident in the Colony, one of whom shall be Chairman. The Chairman and Members of the said Board shall be appointed by the Governor, ■and shall hold ofiice during his pleasure, and be paid such salaries as he may determine. Two Members of the Board shall form a quorum. If any vacancy arises on the Board, the Governor shall appoint some other person residing in the Colony to fill such vacancy. (c.) It shall be lawful for the Governor to appoint, at such salaric? as he may determine, such officers as may be necessary to assist the Board in carrying out the purposes for which it is established, whether from the existing staff of the Land Settlement Department or otherwise, provided that all Members of the existing staff of the Land Settlement Dei)artment so appointed whose offices are on the appointed day included in the Schedule to the " Pensions Ordinance, 1904'," or any amendments thereof, shall be entitled to reckon their subsequent service with the Land Settlement Board for pension purposes under the laws of the Colony and to make rules and regulations — (1.) For the proper discharge by the Board and the aforesaid officers of the duties imposed oh them ; (2.) For the proceedings of the said Board ; (3.) For tiie proper keeping of and auditing of the accounts of the said Board. (2.V -{a.) There shall, on the appointed dcxy, be transferred, without payment of transfer duty, stamp duty, or registration charges in the Deeds Office of the Colony, to and in the name of the Board and for the purposes aforesaid, such of Our lands in the Colony as are on the appointed day Iield by settlers on the conditions prescribed in tlie Ordinance of the Colony i'L intituled the "Lands Settlement Ordinance, 1902," or any Ordinance amending the same, or any Agreement made under the said Ordinances, and all houses and other fixed property situated within any town or village and purchased hy the Government out of iunds allocated for the purposes of land settlement. For the purposes of this section such lands shall he deemed to he held ■by settlers as aforesaid on the appointed day as shall then l)e in the posses- sion and occupation of purchasers or lessees under the said Ordinances, or of intending purciiascrs or lessees to whom such lands have heen allotted, notwithstanding that their Agreements have not been completed, or not- withstanding that the boundaries of such lands have not been fully determined. (I>.) There shall further be transferred, on the appointed day, to the Board for the aforesaid purposes, all movable property vested in the Govern- ment of the Colony and used in connection with the said lands, houses, or other fixed property, all i-ights and obligations acquired or incurred by the Government against or towards the persons in occupation of the said lands and in respect thereof, and all cattle, sheep, or other live-stock purchased out of the aforesaid funds, and used or held by tlie Land Settlement Department for purposes connected with land settlement. (c.) There shall further be transferred to the Board for the said purposes, and more especially for the purposes of making advances under tlie authority of the said Lands Settlement Ordinances to the pei-sons in occupation of the aforementioned lands, all moneys paid to the said Government by such persons as aforesaid in discharge of their obligations to it, and held l)y it on the appointed day for or on account of land settlement, and any balance of money appropriated hy the Intercolonial Council to the said Government out of the loan authorized by the "Transvaal Guaranteed Loan Ordinance, 1903," for the purposes of land settlement, together with such further sums as may be approved hy a Secretary ot State, out of moneys hereafter appropriated to the Government by the said Council for land settlement purposes. (3.) (fl.) — The said Board may, with the approval i>f the Governor, exercise all the rights and discharge all the duties conferred and imposed by law or agreement on the Government of the Colony, or any Member thereof in respect of the aforementioned lands, houses, or other fixed property and the persons in occupation of them, and may appropriate to such purpose and generally to the cost of carrying out this section any moneys paid to it after the ajipointed day by such persons as aforesaid in discharge of any obligations incurred by them to the Government, as well as any moneys transferred to it under subsection 2 (c) of this section. (6.) The said Board, with the approval of the Governor, when and as it may deem necessary and equitable, may remit or defer payment of any moneys due to it by settlers. (4 ) (a.) — The rights, powers, and duties conferred and imposed by this section on the Board shall be determined on the expiration of five years reckoned from the appointed day ; provided always that it shall be competent for the Government of the Colony to make an agreement, subject to the consent of the (Tovernnr and with tlie approval of a Secretary of State, with the Board in respect of the matters referred to in this section, whereby the said rights, powers, and duties aforesaid shall be sooner determined. (h.) On the determination of the said rights, powers, and duties the Board shall transfer to the Governor in Council the aforementioned lands, houses, and other fixed property i-egistered in its name and all movable property, moneys, rights, and obligatioiis acquired and incurred by it under the provisions of this section, and the Board shall thereujwn l)e dissolved. (5.) The appointed day shall be such day as may be proclaimed by the Governor in the " Gazette." General Provisions. LIV. All taxes, imposts, rates, and duties, and all territorial, casual, and C!ons(;lidated other revenues of the Crown (including royalties) from wnatever source ^^'^®""® ^''""^• arising within the Colony over wdiich the Legislative Council and Legislative 12 Costs of collection and management of fund. Appropriation and Taxation Bills to originate in Legis- lative Assembly. Powers of Legis- lative Council thereon. Manner in which the public revenue tihall be appro- priated to the public service. Eeserved Civil List. Appointments to public offices. Pensions on retire- ment of certain official Members of the Executive Council. Powers of Lieu- tenant-Governor to be exercised by Gove; nor in Council. Meaning of '• Legislative Council " in existing Laws. Power to amend by Proclamation. Definitions. Assembly have power of appropriation, shall form one Consolidated Revenue- Fund to be appropriated to the public service of the Colony iu the manner and subject to the charges hereinafter mentioned. LV. — (1.) The Consolidated "Revenue Fund shall be permanently" charged with all the costs, charges, and expenses incident to the collection,, management, and receipt thereof. (2.) All such costs, charges, and expenses shall be subject to be reviewed and audited in such manner as may from time to time be directed by any Law" passed by the Legislature. LVI. All Bills for appropriating any part of the Consolidated Revenue- Fund or for imposing, altering, or repealing any rate, tax, duty, or impost shall originate in the Legislative Assembly. LVII. The Legislative Council may either accept or reject any Money Bill passed by the Legislative Assembly, but may not alter it. LVIII. — (].) It shall not be lawful for the Legislative Assembly to' pass any law, vote, or resolution which shall have the effect of appropi'iating any part of Our revenue within the Colony or of imposing any rate, tax,. or duty, unless such law, vote, or resolution has been first recommended to- the Assembly by message of the Governor during the Session in which it is- proposed. (2.) No part of Our revenue Avithin the Colony shall be issued except in j)ursuance of a Warrant under the hand of the Governor directed to the Colonial Treasurer. LTX. — (1.) There shall be payable to Us in every year, out of the- Consolidated Revenue Fund, the sums mentioned in Schedules 4 and 5 to- these Our Letters Patent for defraying the expenses of the services and purposes set forth in the said Schedules. (2.) The said several sums shall be issued by the Treasurer in discharge- of such Warrants as sliall from time to time be directed to him vmder the hand of the Governor. LX. The appointment to, and removal from, all public offices under the Government of the Colony hereafter to become vacant or to be created, save those of Ministers, shall, subject to any Law hereafter in force in the- Colony, be vested in the Governor in Council. LXI. — (1.) In the event of the retirement from office of any Member of the Executive Council named in Schedule 5 hereto, such Member shall, subject to the proviso hereafter contained, be entitled to the pension set opposite his name iu the said Schedule : (2.) Provided that if any such Member shall accept any other appoint- ment ixnder the Crown in the Colony or elsewhere, his jDension or retiring allowance shall, during the tenure of such appointment, merge or he reduced pro tanto, according as the salary or emolument of any such appointment shall be equal to or less than the pension or retiring allowance of such Member. LXII. — (1.) Where, under any Law of the Colony, any pow-er, jurisdic- tion, or authority is at the date of the commencement of these Our Letters Patent exercised by the Lieutenant-Governor, such power, juri.'idiction, or authority shall be exercised by the Governor in Council, and where, imder any Law, any power, jurisdiction, or authority has been conferred on any member of the existing Executive Council of the Colony, such power, jurisdiction, or authority shall bo exercised by the Minister to Avhom it shall be assigned b}' the Governor in Council. (2.) Where in any existing Law the words " Legislative Council " occur, they shall, unless the context otherwise indicates, be read as if they w'ere '•' Legislative Council and Legislative Assembly." LXIII. The Governor may, by proclamation in the " Gazette," at any time before the date of the nomination of persons for election as Members of the Legislative Assembly, and provided that Our approval be previously signified to Mm through a Secretary of State, vary, annul, or add to any of the provisions of these Our Letters Patent in order to carry out the jiurposes of the same, and may provide for any other matter necessary in order to carry into effect the provisions thereof. LXIV. In these Our Letters Patent, unless the contrary intention appears — 13 " Date of the election of the Legislative Assembly '' means the date of the Proclamation in the " Gazette " of the persons elected as members of the Legislative Assembly at a General Election. " Gazette " means the Orange River Colony Government Gazette. " Governor " means the officer for the time being administering the :government of the Colony. " Governor in Council " means the Governor acting by and with the advice of the Executive Council. " Secretary of State '' means one of Our Principal Secretaries of State. LXV. These Our Letters Patent shall be proclaimed at such place or Commencement c£ places within the Colony as the Governor shall tluuk tit, and shall commence Letters Patent, and come into operation on a day to be fixed by the Governor by pro- Kevocation of •clamation in the " Gazette," and thereupon the Letters Patent and earlier Letters Instructions, described in Schedule 6 hereto, shall, without prejudice to Patent, &c. .anything lawfully done thereunder, be revoked. LXVI. These Our Letters Patent may be cited as " The Orange E,iver Short title. Colony Constitution Letters Patent, 1907." Li witness whereof "We have caused these Our Letters to be made Patent. Witness Onrself at AVestminster, this Jfifth day of June, in the seventh year of Our Reign. Ry Warrant under the King's Sign Manual. MUIR MACKEiNZIE. 14 SCHEDULE I. (See Section VIII.) 1. ilembers of the Legislative Assembly shall be allowed to each of the folloM'iug raagistei'ial districts and towns or groups of towns of the Colony as at present defined : — Bethlehem (D) ... ... ... .. ... ... ... ... ... 1 Bethlehem, Fouriesberg, and Ficksbuig(T) ... ... ... ... ... 1 Bethulie (D) ... ... ... ... ... ... ... ... ... 1 Bloemfoutein (D) .„ ... ... ... ... ... ... ... 2 Bloemfo'itein (T) ... ... ... ... ... ... ... ... 5 Boshot (D) ... ... ... ... ... ... ... ... ... 1 Edenburg (D) ... ... ... ... ... ... ... ... ... 1 Fauresmith and Jacobsdal (D) ... ... ... ... ... ... ... 1 Jagersfontein and Koffyfontein (T) ... ... ... ... ... ... 1 Ficksburg (U)... ... ... ... ... ... ... ... ... 1 Frankfort (D) ... ... ... ... ... ... ... ... ... 1 - Harrismith (D) ... ... ... ... ... ... ... ... 1 Harrismith (T) ... ... ... ... ... ... ... ... 1 Heilbron (D) ... ... ... ... ... ... ... ... ... 1 Parijs, Vredefort, and Heilbron (T) ... ... ... ... ... ... 1 Hoopstad(D) ... ... ... ... ... ... ... ... 1 Kroonstad(D) ... ... ... ... ... ... ... ... ... 2 Kroonstad (Ti... ... ... ... ... ... ... ... ... 1 Ladj'brand (D)... ... ... ... ... ... ... ... ... 1 Ladvbrand and Thaba 'Nchu (T) ... ... ... ... ... ... 1 Llncilev (D) ... ... ... ... ... ... ... ... ... 1 Philippolis (D)... ... ... ... ... ... ... ... ... 1 Rouxville (D) ... ... ... ... ... ... ... ... ... 2 Senekal (D) ... ... ... ... ... ... ... ... ... 1 Smithfleld (D) ... ... ... ... ... ... ... ... ... 1 Thaba 'Nchu ... ... ... ... ... ... ... ... ... 1 Vrede... ... ... ... ... ... ... ... ... ... 1 Vredefort ... ... ... ... ... ... ... ... ... 1 Wepener ... ... ... ... ... ... ... ... ... I Winburg ... ... ... ... ... ... ... ... ... 2 Total 38 2. The Commissioners shall divide each magisterial district and town hereinbefore mentioned to Avhich more than one mend^er is allotted into electoral divisions, each returning one member to the Legislative Assembly. In so doing, due regard shall be paid to the following considerations : — («•) The number of voters in any magisterial district or town as aforesaid, divided by the number of members of tlie Legislative Assembly allotted to such district or town respectively, shall be termed the quota, and each of the electoral divisions into which such district or town is divided shall, subject to the considerations hereinafter mentioned, contain a number of voters as nearly as may be equal to the quota for such district or town respectively. (/'.) The electoral divisions aforesaid shall, as far as may be, follow recognized administrative boundaries, and, if necessary to enable this to be done, the number of voters in an electoral division may differ as much as lo per cent, from the quota of the magisterial district or town in which it is situated. (c.) In delimitation the Commissioners shall give due consideration to — (a.) Existing boundaries of towns, municipal and magisterial wards, and the boundaries of old magisterial districts, now included in exi.sting magisterial districts ; (b.) Community or diversity of interest; (c.) Means of communication ; (d.) Physical features. (d.) If there shall be in any magisterial district a town within the boundaries of which there shall be a number of voteis not less than the quota for the district, the town or so much thereof as shall contain a number of voters approximately equal to the quota for the district shall be made a separate electoral division, and if the number of voters in any such town shall not be equal to the quota for the district the whole of the town shall be included in one electoral division. 15 SCHEDULE ir. (Seo Section XI I.) Regulations as to tlie iTgistraticn of votevs, the pvepavatiun of lists of voters, and the foiiduft of elections. Tart I. Application of Pai-f f, 1, Part I of this Schedule shall apply to the preparation and revision of voters' lists. ReqiKfevlnri Officers, 2. For the purpose of compiling- the general register of qualified voters for any election o{ meinbei-s in and for the electoral divisions into which the Colonj- is divided, the Governor shall by Proclamation in the (jazettc enjoin and direct some tit and proper person (hereinafter referred to as the "Eegistering Ofhcer") to make out in and for each registration division an alphabetical pro\-isional list of all persons qualified to be registered as voters who are bntvi fide residing in such registration division. Such Proclamation shall fix the date of the commencement of such list and the date of the completion thereof. Upon the issue of such Proclamation the Colonial Secretary shall cause a notice in terms of Aunexure (A) hereto to be inserted both in English and Dutch in the f4a/.ette and in some newspaper or new.spapevs circulating within such registration division, or to be given in su
  • i to he iiiscrti'd in ProvinionaJ List of Voters. ?). The Kegisteriiig Officer shall insert in the said list the name, residence, trade, profession, or occupation of every pei-son who shall be known, or on reasonable grounds believed by him, to bo entitled to be inserted therein, or who shall in manner herehiafter prescribed claim to be inserted therein : provided he is satisfied after due inquiry that such claim is honu fide, and that the claimant possesses the required qiaalifieation. Provisional List to be posted in Public Place. 4. — (1.) At the expiration of the time fixed by the Proclamation aforesaid for the completion of the list aforesaid it shall be the duty of the Registering Officer to post and affix the same on the door of or in some conspicuous place near to his office or dwelling-house, or in some other public place or places within the registration division for which such list is framed. The said list shall remain so posted or affixed between the hours of seven in the morning and five in the afternoon daily for a period of not le.ss than five weeks. (2.) If any person shall during such period as aforesaid wilfully tear down, cover over, deface, or obliterate either wholly or in part any such list or any such other list or notice as is hereinafter mentioned, he shall on conviction be liable to be imprisdned with or without hard laboiu' for a period not exceeding three months. A^oiices to he annexed to lAsU posted under last jireccdnn/ Section. i). There shall be subjoined or annexed to every list posted under the last preceding section :i notice signed by the Registering Officer, which notice shall be both in the English and Dutch languages and shall be in substance as set fortli in Anuexure {V>) hereto. Torm of Claim and Objection, G, — (1.) The form of claim to be registered as a voter and the form of objection to the name of any person insei-ted in the aforesaid hst shall be annexed to the notice mentioned in the last preceding section and shall be hi substance as set forth in Annexure (C) hereto and shall bo signed — (i.) In the case of a claim ; («.) By the claimant himself if he is actually resident in the Colonj ; or _ (6.) If the claimant is temporarily absent from the Colony, by a person resident thei'ein authorized by such claimant in writing ; (ii.) In the case of an objection by the objector himself. Every such form of claim or objection shall be signed in the presence of one witness at least. [625] D X6 (2.) Any person delivering to the Registering Officer any claim to be registered as a voter may tender such claim in duplicate, and it shall be the duty of the Registering Officer when a claim is so tendered to him, upon satisfying himself that tlie ooutents of tlie original and duplicate are alike, to retain the original and return the duplicate to the person who tendered it to him, having first signed the same and properly dated it. (3.) Every claim to be registered as a voter lodged with the Registering Officer shall be open to public inspection at the office or house of the Registering Officer or at such convenient place within the registration division as may be publicly notified by tlie Registering Officer between the hours of 10 in the morning and 5 in tl)e afternoon, excepting Sunday, for the period between the last day for sending in claims and the day fixed by the Registering Officer for lodging objections, Jtegistering Officer's Duty with regard to Claims. 7. It shall be the duty of tlie Registering Officer to receive and deal as directed by this Schedule with all claims to be registered as voters which are lodged with him within the period prescribed for lodging claims, whether such claims are transmitted through the post or delivered or sent to him in any other manner. Immediately on the expiration of the period prescribed for lodging claims, the Registering Officer shall frame an alphabetical list of all claimants whose names have been lodged with him, which list shall be in the foi-m prescribed in Annexure (D) hereto. Ziist of Claimants to he posted up. 8. The Registering Officer shall forthwith post or affix the aforesaid list of claimants in the same place or places where the provisional list of voters already framed by him has been posted or affixed, and as close as possible to the said provisional list. The said list of claimants shall remain so posted or affixed between the hours of seven in the moi-ning and five in tlie afternooji daily until the date fixed by tiie Registering Officer for the lodging of objections. Subjoined or annexed to every such list of claimants posted or affixed as aforesaid shall be a notice signed by the Registering Officer, which notice shall be written both in the English and Dutch languages, and shall be in substance as set forth in Annexure (E) hereto. Registering Officer's Duty as to Objections, 9. — (1.) At the time and place fixed by the notice mentioned in section y, the Registering Officer shall, in every case where a person objected to is present, proceed to inquire into and decide upon every such objection made to him on the said day by the objectors personally or by their duly authorized agents ; and on such occasion he shall give eveiy person objected to an opportunity of being heard in answer to such objection ; and may upon the application of any person objected to and present as aforesaid postpone the inquiry' to a subsequent day if, in his opinion, good cause is shown for such postponement : Provided always that if any such application for postponement be allowed, the Registering Officer shall thereupon give notice to the objector or to his duly authorized agent, and to the person objected to, of the date and place (which shall be within his registration division) on and at which the inquiry into the objection will be held or resumed. (2.) In every case where the pex-son objected to is not present at the time and place fixed by the notice mentioned in section 8, the Registering Officer shall fix a date and place (which shall be within his registration division) on and at which he shall inquire into and decide upon the objection, and shall give due notice of such place to the objector or to his duly authorized agent ; and he shall further give to the person the subject of tlie objection due notice that an objection has been lodged, and of the time and place for the inquiry into such objection. Registering Officer's Duty after Claim received. 10. With regard to any claim lodged with the Registering Officer as aforesaid, either by transmission through the post or in any other manner, if the Registering Officer is satisfied that such claim has been duly signed, filled in, and witnessed, he shall add the name of the claimant to his provisional list, provided be has not allowed, in manner aforesaid, any objection lodged with him against sucli claim ; and provided he is satisfied after due inquiry that the claim is bond fide, and that the claimant possesses the qualification required by law. If not so signed, filled in, and witnessed, or if he has allowed an objection lodged against such claim, or if he is not satisfied that the claim is bond fide, and that the claimant possesses the said qualification, lie shall disallow such claim. Printed. Forms of Claims and Objections to he distributed. 11. The Colonial Secretary shall, a sufficient time before the preparation of the provisional lists as aforesaid, cause to be supplied to the Registering Officer of every registration division an adequate number of printed forms of claim and objection, as set forth in Annexure (0) hereto ; and it shall be the duty of every Registering Officer to supply a reasonable number of such forms to any white resident of the registr4tior( division who applies for thepi. 17 Dufiex of Eegisterivg Officers a/tei- Claims and Objections dealt with. 12. As soon astbe ReR'isteriiig Officer shall have dealt with, and decided upon, the claims and objections as aforesaid, and shall or shall not have added names to, or expiuiged names from, the provisional list in accordance with such dealing or decision he shall — («.) Frame a complete alphabetical list of persons who shall in his judgment bo entitled to be registered as voters within his registration division. The list shall be in the fcu'ic prescribed in Annexiu'c (F) h(M'eto ; (I).) Frame an alphabetical list of persons whoso names luive been removed from the provisional list by reason of the allowance of objections lodged against them, and ot persons whose claims to have their names inserted in the list of voters have been lodged or handed in but have been disallowed. This list shall be in the form prescribed in Annexure (G) hereto ; (c.) Transmit to the Revising Officer hereinafter referred to the said two last-mentioned lists, and also transmit to him all the original claims and objections lodged with or handed in to him, whether such claims and objections have been allowed by him or not. Copies of Lists posted up. 13. When transmitting the said lists and the said claims and objections to the Revising Officer, the Registering Officer shall cause copies of the said lists to be posted and affixed to the door of or in some conspicuous place near to his office or dwelling house, or in some other public place or places within the registration division, there to remain for general information between the hours of seven in the morning and live in the afternoon daily during not less than fourteen days. Subjoined or affixed to every such list so framed, posted, or affixed a notice shall be written signed by the Registering Officer, which notice shall be both in the English and Dutch languages and shall be in substance in the form prescribed in Annexure (H) hereto. Revising Officer. 14. The Revising Officer for a registration division shall be such person as the Governor may by Proclamation in the Gazette appoint. Duty of Revising Oficer on Receipt of Lists. 15. On receipt of the two lists and of the oiiginal claims and objections, the Revising Officer shall, by notice in the Gazette and in some newspaper circulating in the registration division, appoint a day on which he will attend at a stated place in such division, convenient to the voters, for the purpose of revising, amending, and settling the list of voters in such registration division ; the day so appointed shall be not less than fourteen days from the date of the first publication of such notice in the Gazette. Such notice shall be published as often as the Revising Officer may deem to be necessary, and it shall in substance correspond with the form set forth in Annexure (H) hereto, save that the place and date fixed for the attendance of the Revising Officer for revising the lists shall be expressly inserted. The Revising Officer shall post copies of the said lists and of the said notice in some conspicuous position at or near the door of the Court-house of the Resident Magistrate of the district in which such registration division is situated, and at such other places therein as he may deem best for purposes of general information. Notice to Persons whose Names have been disallowed by Registering Officers. 16. The Revising Officer shall also forthwith give notice by letter posted through the Post Offi ce, or delivered in suck other niauiier as he may determine, to all persons whose claims have ho the right of any person claiming to have his name registered as a voter to be so registered, and the Revising Officer shall notify the fact and the grounds for such rejection or removal in the case of claimants and persons objected to, and in all cases shall notify the place and date fixed for the holding of the Court of Revision as hereinafter provided. Procedure on hearing Claims and Ohjcctions and settling LJsls. 17. Upon the day so notified as aforesaid the Revising Officer shall attend at the stated place and hold a Court for the revision of the voters' list for the registration division for which he is appointed ; and it shall be laAvf'ul for any person whose claim has been disallowed by the Eegisteiing Officer, or whose name has been removed from the provisional list by reason of [625] D 2 18 llif allowaiu'c (if ail objection iiuule to it, aud tor every person who lias objeeted in writing' to tlic rifi-ht of any person inserted in the said list to be so inserted, or to the right of ajiy person claiming to have his name registered as a voter to be so registered, and for any person who shall be so objected to to appear before the Revising Officer, who shall hear him, and. if he tliiidcs tit, take evidence on oath. I'vwcr.sof Becisiitij <\ffcev J'vr tukiiKj Ervlence. 18. The Revising Oiiicer may, if he thinks fit, snnnnon before him, and examine on oath, any person whom he shall, in the course of such inquiry', deem it necessary to examine, or may summon any person whom he has reasonable^ cause to lielieve is in possession of any document necessary for the purpose of siich inquiry to produce such document, and may impose a fine not exceeding 10/. on any person dulysmnmoned who shall, without lawful cause, refuse or neglect to attend, or to produce any such document aforesaid, or to answer any question material to such inquiry ; and he shall determine all matters brought liefore him, and revise and amend the voters' list according to law. The Revising Officer may adjourn his sitting from time to time. The Revising Officer .shall transmit any such line as is paid to him to a Receiver of Revenue, and shall certify under his hand particulars of any such fines not so paid to the Resident Magistrate or As.sistaut Resident ilagistrate of the district in which the Court of Revision is held, Avho shall therenjion recover such fines as if they were fines imposed in the Court of any such Magistrate. Person whose Xuine Itas been removed or Claim disallowed on Ohjeetion lo It must prove /lis Qualification. 1'.). Every pei'soU whose claim has been disallowed by the Registering Officer, or whose name has been removed from the provisional list by reason of the allowance of an objection made to it, .shall be bound to proVe liis qualification to tile satisfaction of the Revising Officer; and should he not appear either in person or by an agent specially authorized in writing, then the claim of such pcTson shall be dismissed. ]\'/icn Olijeclor, or Person uhjeeied to, does not ajipear. '20. if a person who has lodged a written objection with the Registering Officer Avhich has Hot liecii allowed .sliall not, either in person or by an agent siiecially authorized in writing, appear to make good his objection, then such objection shall, without requiiing any appearance or proof on the part of the person objected to, be dismissed. If such objector shall appear, and if the person objected to shall not appear, in person, then, in case the objector or his agent (if he has appeari'd by agent) shall make oatii that to the belief of the deponent such ground of objection does really exist, then the Revising (Officer may, after forthwith inquiring into the groimds of such belief, either at once allow the objection or dismiss it, or make such further iiKjuiry on a subsequent day as shall appear just, giving notice in every case of a further inquiry to the per.'^cm objected to of the date and jilacc when such inquiry shall be held. Costs. 21. It shall be lawful for the Revising Officer, should it appear to him fitting so to do, to adjudge to any person objecting or objected to such reasonable costs against the adverse party as such Revising Officer shall tax aud allow, and such costs shall be recoverable in the Court of the Resident Magistrate of the district in Avhich the revision is held in like manner as costs in a civil action in such Court on production to such Court of Resident Magistrate of the taxed bill of costs certified luider the hand of the Revising Officer. Further Duties and Powers of Revisinrj Officers, 2-2. The Revising Officer shall, in revising the voters' lists, in addition to the powers conferred on him by the preceding sections hereof, perform the duties and have the powers following: — (1.) He shall expunge the name of every person, whether objected to or not, whose qualification as stated in any list is", on the face of it, insufficient in law to entitle such person to be included therein unless, after reasonable inquiry, he shall be satisfied that such person does possess the necessary qualification, and that his qualification on the said list is wrongly described, in which case he shall rectify the qualification as described on the said list : provided that before expunging from a list the name of any such person the Revising Officer .shall carrse fourteen day.s' notice of the proposal to expunge the name and the reasons therefor to be given or left at the address of such person as given on the said list. (2.) He shall expunge the name of every person, whether objected to or not, who is proved to him to be dead or to be an alien : provided the notice required in sub-section (1) ot this section be given to every such alien before his name is expungeti. {?>.) Before proceeding with an inquiry into the validity of any objection he may call upon the person objecting to furnish security for the payment of any costs that he may be adjudged to pay. 19 7Vc.S(/(i.s irliiise AtDiics iijqiciii- I'll inorr llimi niii' f/ist oj \'oli/i:i. 23. No person shall bu regi.steretl an a voter for more than one registration division. Whenever it shall appear to the Colonial Secretary that any person is registered on the list ot" voters of more than one registration division ho shall eansc inquiry to be; made, and shall determine in which registration division such person was litnid fide residing at the date of the eommencement of the registration of voters, and shall cause the name of such person to be expunged from the list of voters of every division in which it appears other th.m that of flic division in Avhich he was bond fide residing at the said date. Rev'iHH'j Officer muii ftide Case fm- Ojilnioii nf n JikIijc in Cluimhers. 24. If the nature of any claim or objection bo such tiiat the Pievising Offieer is doubtful regarding the decision proper to be given upon it, it shall be competent for him to draw up a statement of facts, and such statement shall be signed by such Revising Officer in attestation of its correctness, and be transmitted by him to the Kegistrar of the lligii Court to be laid before a Judge in Chambers. The Revising Officer shall in like manner state a case for the decision of a Judge in Chambers at the reqiiest of any of the parties in any claim or objection, and such case, when so stated, shall be signed by the party at whose request it is stated, as well as by the Revising Officer. J'lvci'dine In i. 'llie Revising (")llicer siiull in all matters connected witii the revision of the voters' list give his decision in open (jourt, and sliall write his initials against every name struck out by him or added by him to any list and against every part of any list in which any mateiial mistake has been corrected or material omission supplied, and shall sign his name to every page ot the list so settled, and shall then Avrite, or cause to be wiitt'^n, at the foot or end of each list a certificate that the sime has been revised and is correct, and shall date and sign such certificate. I'tihd Lisli<. 27. The lists so Settled, certified, dated, and signed as aluresaid sliall be the complete final registers of voters and shall be fcjrwarded by the Revising Officer to the Colonial Secretary, wln> shall cause to bo made therefrom a complete register of vuters I'or each registration division in the form prescribed in Annexnre (I) hereto. [■'i-iiiiiiiKj iif l'r('cisioh((l /a>I. (it snliKeijiicnl Rritis/ ration nj I uler". 28. It .shall lie the duty of the Ivcgisteriug Oflicer in framing the pnivisidiial list of voters at any registration of voters after the first registration made undi'r this Schedule to insert therein— (1.) The names uf all persons on the existing register of voters witiiin each registration division, except the mimes of such persons wno on the day upon which the registratinn of voters shall commence to the best of his knowledge and belief — (a,) Are dead ; (//.) L)o not reside in thi' said division : (c.) Do not possess the (]nalilication recpiired by law ; ((/.) Are suliject to any dis(pialineatiun. (2.) The names of all persons not on the existing register of voters who possess, to the satisfaction of the Registering Officer, the necess-arv qualifications to have their names inserted on the list of voters for sueli registration divl.sion. 20 Power of Registering Officer to demand Information concerning Voters from Officials. 29. In the performance of his duty every Registering Officer shall have the power and is hereby required to demand all necessary information from any Registrar of Births and Deaths, member of any police force, or any other public official, the Town Clerk of any Municipality, the Manager or Secretarv of a Mining Company, or any other employer of labour, or any householder as defined in regulations made under this Schedule, so as to enable him to identify any person or to ascertain the residence of any person, or whether he is dead or whether he is qualified or disqualified to be registered as a A'oter, and any person who shall wilfully omit, or refuse, or unreasonably delav to give such information in his power as he is asked by any Registering Officer to give shall be liable on conviction to a fine not exceeding ten pounds, and, in default of payment, to imprisonment with or witlu)ut hard labour for a period not exceeding one month. Penalties. 30. Tf any Registering or Revising Officer, or any officer employed in connection with the registration of voters, shall be guilty of any wilful misfeasance or wilful negligence, either in commission or omission in contravention of the provisions of this Schedule, or any Regulations made or instructions given thereunder, he shall be liable upon conviction to a fine not exceeding fifty pounds, and. in default of payment, to imprisonment with or without hard labour for any period not exceeding sis months. Offences by Officers employed in Registration of Voters. 31. If, in the opinion of the Colonial Secretary^ any Registering Officer or Revising Officer, or any other officer employed in connection with the registration of voters, has been guilty of any wilful act or default contrary to the provisions of this Schedule or any Regulations made or instructions given thereunder, the Colonial Secretary may, by writing under his hand, after callino- upon any such officer to furnish any explanation he may think fit personally or in writing, and after considering such explanation, advise the Governor to declai-e forfeited under this section the whole or any portion of the remuneration payable to sixch officer for services performed under the provisions of this Schedule, and the Governor may thereupon declare the whole or part of such remimeration forfeited. Penalty for false Statements in Claims. 32. Every person who knowingly makes any false statement of fact in any claim sent in by him to the Registering Officer to be registered as a voter shall be liable, on conviction, to a fine not exceeding one hundred pounds, and, in default of payment, to imprisoment, with or without hard labour, for a period not exceeding twelve months, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment. Offences relating to procuring Registration. 33. Every person who shall by himself or any other person instigate, procui-e, or attempt to procure or "take part in procuiing the registration — (i.) Of himself or any other person — (a.) As a voter in or for more than one registr:ition division ; or (b.) As a voter more than once in the same registration division ; or (c.) Knowing that he or such other person has not the qualification required by law for such registration ; (ii.) Of a fictitious person ; shall be guilty of an offence and Hable on con^nction to the penalties hereinafter prescribed for the offence of personation. Voters List not invalidated hy reason of certain omissions, 34. No voters' list shall be invalidated by reason that it shall not have been affixed in every place and for the full time hereinbefore required ; but nothing herein contained shall be construed to exempt the Registering Ofiicer or other person charged with the duty of publishing such list as aforesaid from the penalties prescribed for his neglect o/ wilful default. Written Authorizations not liable to Stamp Duty. 35. Anything in the Stamps and Licenses Ordinance, 1903, or any amendment thereof notwithstanding, no stamp duties shall be charged upon any declaration made or any authorization in writing issued for the purposes of any provision of this Schedule relating to registration of voters or revision of voters' lists. 21 Rectification of omissions. 36. If, through any accident, anj-thing required by law to be done in the preparation or trans- mission oi any voters' list is omitted to be dour, the Governor may order such steps to be taken as may be necessary to rectify any suoli oniission, and ho may from time to time alter any form hereto annexed in such manner as may be necessary for the better carrying out of the provisions of this Schedule, and may prescribe any otIi;r forms, and make, amend, and repeal all such regulations as may be uecessaiy for the said imrpose. Part II. Elections oj Members of Legislative Assembly. 37. Part II of this Schedule shall apply to all elections of members of the Legislative Assembly constituted under these Letters Patent, and any election of a member of such Legislative Assembly shall take place in the manner hereinafter prescribed. Nomination of Candidates for the Legislative Assembly and Proceedings tliereupon. 38. — d.) Upon a day named in a Proclamation by the Governor the person appointed in that behalf (hereinafter referred to as the Returning Officer) shall hold at a place stated in the said Proclamation a public Court for the nomination of persons proposed as members of the Legislative Assembly for the electoral division mentioned therein ; and every such person shall be nominated by some registered voter for such division, and such nomination shall be Reconded by some other such voter. (2.) In case it shall happen that only one person is nominated as aforesaid, then the person 80 nominated shall forthwith be declared to be duly elected ; but in case the number of persons so nominated is more than one, the Eeturning Officer shall fix a date upon which a poll shall be taken for the election of a member of the said electoral division, not being less than five clear days from the day of nomination (subject to the provisions hereinafter contained in this section), and the poll shall take place accordingly, and shall commence at eight o'clock in the morning and close at eight o'clock in the evening. The Returning Officer shall forthwith give p;iblic notice of such date in some newspaper circulating within the electoral division, and at such conspicuous places in such division as he may deem necessary for giving information of such polling. (3.) Before fixing a day on which a poll shall be taken under tlie last preceding sub-section, the Returning Officer shall require of every jjerson nominated as aforesaid a deposit of 50/., or such seciu'ity for the said sum as the Eeturning Officer may deem sufficient, and (Uit of such sum there shall be paid a jiro rata share of the expenses mentioned in section 41 hereof. In no case shall such j)?'o rata share exceed the amount of such deposit or security as aforesaid. In case any person so required shall not forthwith deposit such su'n or give security as aforesaid, he shall be deemed and taken not to be nominated as a candidate for an election. (4.) At any general election of members of the Legislative Assemlily the date of the nomination of persons proposed as members thereof shall be the same in each electoral division of the Colimy, and all polls shall, so far as practicable, be taken on the same day in all electoral divisions. Division of Electoral Divisions into Polling Districts. 39. — (1.) The Governor may by Proclamation in the Gazette divide any electoral di\asion into so many polling districts as he may deem necessary for more conveniently carrying out the provisions of this Part of this Schedule, and may in like manner from time to time and for like purposes increase or decrease the number of such districts, or alter or adjust the boundaries thereof, (2.) Whenever any electoral division has been divided into polling districts, or any increase, decrease, alteration, or adjustment of such districts has been made under the powers of this section, the Cdonial Secretary shall take all steps that may be necessary for the purpose of compiling from the register of voters of the electoral division a register of voters for each polling district, consisting of the voters of the electoral division resident in such palling district. Polling Stations. 40. For the purposes of the poll to be taken as aforesaid, there shall be one ])oning station at a convenient place to be determined by the Governor within each electoral di^dsion, or, if an electoral division is divided into polling districts, then within each such polling district. Notice shall be given to the Returning Officer not later than the day of nomination of the place where every polling station shall be, and such notice shall be published in some newspaper circulating in the electoral division, and in such other manner as the Governor may prescribe. The determination of the Governor as to the place of polhng stations shall be notified by the Colonial Secretary in the Gazette. Electiou A rroiuiomPn i^. 41. For all oleftions the Eetnvninii,' Ofiicpr shall provide such oonipavtmeiits, doslv's. ballot- boxes, papers, stampine,' iiistminents, copies of register of voters, and other things, appoint Presiding Officers and Polling Officers, and do such other acts and things and make such arrangements to facilitate the taking of the poll as he may deem advisable for eifectually conduetuig the election. Everything done by the Returning Officer under this section shall be in the first instance paid by the Colonial Treasurer, who shall recover from each candidate for election his pro fata share of any such expenses as hereinbefore provided, exclusive of the initial expenditure incurred in providing such compartments, desks, ballot-boxes, and stamping instruments aforesaid, Presiding Officer at Polling Station. 42. The Presiding Officer and other officers at the polling station shall keep order thereat, shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except the Returning Officer, the clerks, the agents of the candidates, and the constables on duty. Retiiemenl of Candidatett from Contest. i'.'t. If after a poll has been appointed at any election any candidate nominated for election .shall be desirous of retiring from the candidature, he may, not later than three days before the day of polling, sign and deliver a notice of his retirement to the Returning Officer, who on receipt thereof shall, if the number of candidates is by .such retirement reduced to one, declare the remaining candidate to be on that daj' duly elected ; and if the said number is not so reduced, shall omit the name of the per.son so retiring from the list of candidates, and sncli pei'son shall not be capable of being elected at such election, Candidate's Agents, 44. Every candidate may, if he think fit, appoint by writing, under his hand, a person to represent him at the polling station to see that the votes are fairly taken, and may also appoint, in writing, an agent to represent him at the coiiuting of the votes by the Pieturning Officer. Place where Vote is to be Recorded. 4.5. No person whose name is not iusertedintheregisterof voters for an electoral division shall be permitted to vote in such division for any member ot the Legislative Assembly, nor shall any person be permitted to record his vote elsewhere than at the polling station of such division, or if such division is divided into polling districts, elsewhere than at the poUing station of such polling- district for which he is registered as a voter .save as is in this section provided ; provided always that such register for the time being shall for all purposes be deemed and taken to be conclusive proof of the right to vote in siich electoi-al division or polling district of every person whose name IS inserted therein ; provided, further, that if an electoral division is divided into polling districts such person shall be permitted to vote at a polling station in the electoral division for which he is registered other than the polling station of the polling district for which he is registered, if before voting he shall sign a declaration in a form to be prescribed liy the Governor and notified by the Colonial Secretary in the Gazette. All such declarations may be taken by the Presiding Officer of the polling station at which such person desires to vote, and shall be kept by him an(l forwarded to the Returning Officer, and shall be open to inspection by the jmlilic at all reasonable times. No stamp duty shall be payable on any «uch declarntion. Enquiries as to right to Vote. 4(]. No enquiry shall be made at any election as to the right of any person to vote, except that the Presiding'Officer may himself, at the request of the agent of any candidate, put to any voter the following questions, or any of them, and no other : — (1.) Are you the person whose name appears as A. B. on the register of voters in this division? (2.) Have you already voted at this election in this or any other electoral division ? And no person who shall refuse to answer any such question, or who shall not answer the first of such questions in the affirmative and the second of such questions ab.solutely in the negative shall be permitted to vote. 23 Penalty for false Answers. 47. Any person who shall wilhilly make a false answer to any of the questions in the last preceding section shall be liable, on conviction, to a fine not exceeding fifty pounds, and, in default of payment, to imprisonment, with or without hard labour, for a period not exceeding three months. One Vote to be given hy each Voter. 48. Every voter shall be entitled to give at any election only one vote. Manner of Votiny. 49. The voting at all elections held under this Schedule shall_ be by ballot, which shall be conducted in substance and as nearly as possible in the manner hereinafter prescribed : — (i.) The Presiding Officer at the polling station shall, save as in section 45 is provided, ascertain that the person coming to vote is a person enrolled upon the register of voters for the division or polhng district in which the poll is behig held, and having ascertained that such persoi: is so enrolled, and his number on such register, shall enter his number upon the counterfjil in the ballot-paper book, and shall then tear out the ballot paper corresponding to such counterfoil, and ha\'ing stamped the same with a perforated stamp provided for that purpose, shall hand it to the voter. And every ballot paper shall be in the form set forth in Annexure (J), or as may be from time to time prescribed by the Governor and notified by the Colonial Secretary in the Gazette. Cii.) When the voter has received such ballot paper, on which shall be printed in alphabetical order the names of all the duly nominated candidates at such election, he shall take the same to the compartment and desk provided for that purpose, and shall signify the candidate for whom he desires to vote by secretly placing a cross opposite the name of such candidate. He shall then fold the ballot paper so that the perforated mark may be visible, and having held up the ballot paper so that the Presiding Officer can recognize the perforated mark, shall drop the ballot paper in the ballot box placed in front of the Presiding Officer. (iii.) Should the voter either sign his name on the ballot paper or make any mark or write any word by wliich his ballot paper would become recognizable, then such voting paper shall be considered blank and not taken into account. Spoiled Ballot Papers. 50. If a voter inadvertently spoils a liallot paper he may return it to the Presiding Officer, who shall, if satisfied of such inadvertence, give him another paper and retain the spoiled paper, and the spoiled paper sliall be immediately cancelled, and the fact of such cancellation shall be noted upon the counterfoil. Voters Incapacitated hy Blindness or other Physical Cause. 51. The presiding officer, on the application of any voter who is unable to read, or who is incapacitated by blindness or other physical cause, from voting in manner prescribed by this Schedule shall, before such agents of the candidates as may be present, cause the vote of such voter to be marked on a ballot paper in manner directed by such voter, and the ballot paper to be placed in the ballot-box, and the name and number on the register of voters of every person whose vote is marked in jjursuauce of this section ; and tiie reason why it is so marked shall be entered on a list hereinafter called the " List of votes marked by the Presiding Officer." Tendered Ballot Papers. 52. If a person representing himself to be a particidar voter applies for a ballot paper after another person has voted in his name, the apphcant shall, upon duly answering the questions permitted by this Schedule, to be asked of voters at the time of pcjlhng, be entitled to mark a ballot paper in the same manner as any other voter, but the ballot paper (hereinafter called a " Tendered ballot paper ") shall not be put in the ballot-box, but shall be given to the Presiding Officer, and endorsed by him with the name of the voter and his number on the register of voters and set aside in a separate packet, and shall not be counted by the Returning Officer ; and the name of the voter and his number on the register aforesaid shall be entered in a list hereinafter called the " Tendered votes list." [625] E 24 Sealiuti ii/> of Ballot Boxes, S^c. 53. Every Presiding OiScei', as soon as practicable after the close of the poll, shall, before :such of the agents aforesaid as maj^ be present make up into separate packets, sealed with his ■own seal and the seals of sucli agents aforesaid as desire to riffix their seals — (1.) Each ballot-box entrusted to him unopened, but witli the Icey attached ; (2.) Tlio unused and spoiled papers placed together; (H.) The tendered ballot papers ; (4.) The marked copies of the register of voters and the counterfoils of the ballot papers; (6.) The " Tendered votes list " and the " List of votes marked by the Presiding Officer," and a statement of the number of voters whose votes are so marked by the Presiding Officer under the head " physical incapacity " ; and shall deliver such packets to the Returjiing Officer. The packets shall be accompanied by a statement made by each Presiding Officer, showing the number of baUot papers entrusted to him, and accounting for them under the heads of ■ballot papers in the bahot-box, unused, spoiled, and tendered ballut papers. Declaration of Poll. 54. Upon receipt of the aforesaid packets from such Presiding Officer by the Piaturning Officer, the latter shall take charge of the same and shall, in the presence of such agents aforesaid as may be in attendance, open the ballot-boxes and ascertain the rosult of the poll by counting the votes given to each candidate, and shall forthwith declare the candidate wlio has the greater or greatest number of votes to be duly elected a member of the Legislative Assembly for the electoral division in which the poll was held. In the event of the number of votes being found to be equal the Returning Officer shall by lot immediately determine the election. The decision of the Returning Officer shall be final, subject to reversal on petition to or action in the High Court praying that the election be set aside. What Ballot Papers shall be Rejected. 55. The Returning Officer shall reject and not count any ballot papers which — • (1.) Do not bear the official mark ; (2.) Give votes to more than one candidate ; (3.) Bear any wi-iting or mark by which a voter can be identified otherwise than is in this Schedule presciibed ; (4.) Are unmarked or void for uncertainty. Marking of Rejected Ballot Papers. 56. The Returning Officer shall endorse " rejected " on any ballot-paper which he mayreject Tis iuvahd, and shall add to the endorsement "rejection objected to " if an objection be in fact made by or on behalf of any candidate to his decision. Sealing up of Papers by Returning Officer. 57. The Returning Officer shall, immediately after the declaration of the poll, enclose in separate packets the counted and rejected ballot-papers. He shall not open any sealed packet ot tendered ballot-papers or marked copy of the list of voters and counterfoils, but shall proceed before the candidates, or such agents aforesaid as are present, to re-seal after examination each of the sealed packets received by him from the Presiding Officers. All the packets aforesaid, together with a certificate stating the name of the member declared to be elected, shall be enclosed together in one sealed packet and delivered to the Colonial Secretary, who shall safely keep such sealed packet for six mouths, after the expiration whereof the said packet and all papers contamed therein may be destroyed. Sealed Papers to Remain Unopened. 58. No such sealed packet as aforesaid shall be opened during the said period of six months •except by order of the High Court or any Judge thereof; and if any person shall, contrary to the provisions hereof, wilfully break the seal or open any such packet, he shall, upon conviction be hable to a fine not exceecling fifty pounds, and, in default of payment, to imprisonment, with or ^without hard labour, for a period not exceeding three months. 25 Immaterial Mi$take.t mil to affeut Vidxdlhj of Election. 59. No election shall be declared invalid by reason of any mistake m- non-compliance witlr tlie terms of this Sohcdnle if it appears to the Conrt iiavino- cognizance of the matter that the election was eondnetiMl in accordance with the jninciples laid down in this Schedule, and that such mistake or non-ciim}ili:une did not afiect the result of the election. Returtiijiii OfjUcci- to TrciiKinU Xames of Persons Elected to Colonial Secretary. 60. As soon as the Eetnrning Officer shall have declared a candidate to be duly elected a member of the Legislative Assembly for an electoral division, he shall, without delay, transmit to the Colonial Secretary the name of the person declared dnl}^ elected, and the number of votes received by the respective candidates. Xames of Members to he Published. 61. As soon as the Colonial Secretary shall have received from the several Returning Officers throughout the Colony the names of the persons declared duly elected for the several electoral divisions as members of the Legislative Assembly, he shall cause to be published, by notice in the Gazette, the names of the members returned, together with the electoral divisions which they severally represent. Vacancies, Jwic Filled. 62. When and as often as a vacancy shall, by death, resignation, or other cause, occur in the representation in the Legislative Assembly of any electoral division, the Governor shall, as soon as- he is duly informed of such vacancy and the cause or causes thereof, by Proclamation in the Gazette, order in like manner, mutatis nnitandis. as is hereinbefore enjoined in regard to other elections under this Schedule, a new election for supplying such vacancy ; and the hke proceedings shall, mutatis mutandis, take place in regard to elections for supplying vacancies as are hereinbefore prescribed in regard to other elections under this Schedule. Procedure npon elialf, to tlie Returning (Officer, and the Returning Olticer shall forthwith give public notice of the name and address of every election agent so daclai'ed, and if no such declaration in writing shall be so made on or before the day of nomination the candidate shall be deemed and taken to be his own election agent, and may make no other appointment of an election agent for the purposes of this Schedule. (i.) One election agent only shall be appointed for each candidate or anj' number of joint candidates, but the appointment may be revoked, and, in the event of such revocation, the candidate shall be deemed and taken to be his own election agent, unless such revocation lakes place on or before the day of nomination, or not less than three clear days before the day appointed for the taking of the poll, in which case the candidate may forthwith upon such revocation declare in writing to be delivered in no case less than three clear days before the day of polling to the Returning Officer that he appoints another election agent, whose name and address shall forthwith lie notified by the Returning Officer by public notice. (5.) The election agent of a candidate shall appoint every polhng agent, scrutineer, clerk, and messenger employed for payment on behalf of the candidate at an election, and hire every Committee-room hired on behalf of such candidate. Corrupt and Illegal Practices. 75. "Corrupt practice" means any of the following offences: treating, undue influence, bribery and personation, and aiding, abetting, counselling, and procuring the commission of any of such offences. 76. — (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 expense of giving or providing any meat, drink, entertainment, lodging, or provision to or for any person for the purpose of corruptly influencing that person, or any other person, to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or i-efrained from voting or being about to vote or refrain from voting at such election ; and (2.) Every voter who corruptly accepts or takes any such meat, drink, entertainment, lodg-ing, or provision ; shall be deemed guilty of treating. 77. — (1.) 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, or does or threatens to do any detriment to any person in order to induce or compel such person to vote or refrain from voting, or on account of such person baring voted or refrained from voting at any election ; and (2.) Every person who, by abduction, diu-ess, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise by any voter, or thei-eby compels, induces, or prevails upon any voter either to give or to refrain from giving his vote at an}- election ; shall be deemed guilty of undue influence. 78. — (],) Every person who directly or indirectly himself or by his agent gives, lends, or agi'ees to give or lend, or offers, pi'omises, 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 beiialf of any voter, or to or for any other person, in order to induce any voter to vote or refrain from voting, or corruptly does any such act as aforesaid on accoimt of such voter having voted or refrained from voting at any election ; (2.) Every person who dircQtly or indirectly himself or by his agent gives, lends, or agrees to give or lend, or offers, pi'omises, or promises to procure, or to endeavour to procure, any money or valuable consideratiiin to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, for acting or joining in any procession before or during any election : (3.) Every person who directly or indirectly himself or by his agent gives or procures, or agrees to give or procure, or offers, promises, or promises to procure, or to endeavour to procure, any office, place, or employment, or any profit, advancement, or enrichmeat 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 28 such voter to vote or refrain from votin;^, (ir corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election ; (4.) Every person who directly or indirectly liimself or by his agent makes any such gitt, loan, offer, jn-omise, prociu-einent, or agreement as aforesaid to or for any person in order to induce such person to procure, or endeavour to procure, the return ot any person to serve as a member of the Legislative Assembly, or the vote of any voter at any election ; (5.) Every person -who upon or in consequence of any such gift, loan, offer, promises, procurement, or agreement, procures or engages, promises, or endeavours to procure, the retm-n of any person to serve as a member of the Legislative Assembly, or the vote of any voter at any election ; (6.) Every 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 siu-li money, or any part thereof shall be expended in bribery at any election, or who knowingly pays, or causes to be paid, any mr)ney to any person in discharge or repayment of anj- money wholly or in part expended in bribery at any election : provided always that this provision shall not extend or be construed to any money paid, or agreed to be paid, for or on account of any lawful expenses bond fide incurred at or concerning any election ; (7.) Every voter who before or during any election directly or indirectly himself or by his- agent receives, agrees, or contracts for any money, gift, loan, or valuable consideration, office, place, or emj^loyment 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 ; (y.) Every person who after any election directly or indirectly himself or by liis ageiit receives 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 refrain from voting, at any election ; (9.) Every person who either directly or indirectly himself or b}' his agent corruptly conveys or transfers any property, or pays any money, tu any person for the purpose of enabling him to be registered as a voter, thereby to iijfluence his vote at any future election, and every candidate or other person who either directly or indirectly pays anymtmeyon behalf of any voter for the purpose of inducing him to vote, or refrain from voting, and eveiy person on whose behalf, and with whose privity, any such conveyance, transfer, or payment, as in this section is mentioned is made ; and (10.) Eveiy candidate who liimself or by his agent convenes or holds any meeting of voters in any house licensed for the sale of liquors ; shall be deemed guilty of bribery. 79. Every person who at any election applies for a ballot-paper in the name of some other person, whether that name is the name of a pers(jn living or dead, or of a fictitious person, or who having voted once at any such election appHes at the same election for a ballot-paper in his own name, shall be guiltj^ of persooth, tent, or other place of entertainment, against any candidate or any agent of any such candidate for any liquor, food, or refreshment of any kind, whether for man or beast, supplied upon the credit of any such candidate or agent during the ^^rogress of any election under this Schedule. Excuses and Exceptions for Corrupt or Illegal Practices or Illegal Payment and Hiring. 94. When wpon the trial of an election petition the Court finds that a candidate at such election has been guilty by his agents of the offence of treating and imdue influence and illegal practice, or of any of such offences in reference to such election, and, further, that the candidate has proved — (a.) That no corrupt or illegal practice was c(m-imitted at si;ch election by the candidate himself, and the offences mentioned in the said finding were committed contrary to his orders and without his sanction or connivance ; {b.) That such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at such election ; (c.) That the offences mentioned in the finding were of a, trivial, unimportant, and limited character; and (d.) That in all other respects the election was free from any corrupt or illegal practice on the part of the candidate, then the election of such candidate shall not, by reason of the offences mentioned in the report, be void, nor shall the candidate be subject to any incapacity under this Schedule. 9.5. When it appears to the Court that any act or omission of a candidate at any election, or of his agent or of any other person, which would, by reason of being a pa^nneut engagement or contract in contravention of this Schedule or of otherwise being in contravention of any of the provisions of this Schedule, be but for this section an illegal practice, payment or hiring, arose from inadvertence or from accidental miscalculation, or from some other i-easonable cause of a like nature, and in any ease did not arise from any want of good faith, and under the circum- stances it seems to the Court to be just that the candidate and the agent and other person, or any of them, slioidd not l.)e subject to any of the consequences under this Schedule of such act or omission, the Court may make an order allowing such act or omission to be an exception from the provisions of this" Schedule which would otherwise make the same an illegal practice, payment, or hiring, and thereupon such candidate, agent, or person shall not be subject to any of the consequences under this Schedule of the said act or omission. Disqualification of Electors. 9ti. Every person guilty of a corrupt or illegal practice, or of illegal payment or hiring at an election, is prohibited from Voting at such election, and, if any such person votes, his vote shall be void. 97. Every person who. in consequence of conviction or of the report of the Coin-t, has become incapable of voting at any election, is prohibited from voting thereat, and if any such person vote his vote shall be void. Limitation of Time for Prosecutions. 98. — (1.) A proceeding against a person in respect of the offence of a corrupt or illegal practice, or any other offence against this part of this Schedule, shall be commenced within six months after the offence was committed, or, if it was committed in reference to an election with respect to which a petition is tried by the Court, shall be commenced within six mouths after the 31 offence was coniinitieil, or vitliiii tlireo iiiontlis after tlic rciioi-t oi' flio Court hearing an election petition is made, Aviiiclievcr period last expires, so that it be coniiiienced within two years after the offence was committed. (2.) For the purpose of this section the issue of a summons, warrant, writ, or other process shall, where the service or execution of the same on or against the alleged off'cnder is prevented by the absconding or concealment or act of the alleged ofiender, be deemed to bo the conmaence- ment of a proceeding; but, save as aforesaid, the service or execution of the same on or against the alleged offender, and not the issue thereof, shall bo deemed to lie the commencement of the proceeding. it9. Any person charged with a corrupt jn-acticc may, if the circumstances warrant such finding, be found guilty of an illegal practice; and any person charged with aa illegal practice may be found guilty of that oficncc, notwithstanding tiiat the act constituting the offence amounted to a corrupt practice, and a j^erson charged with illegal pa^nnent, or hiring, maj' be foxmd guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice, Otlier Offences. 100. Every person who shall be ordered by the presiding officer to leave the polling station under the provisions of section 42 and shall refuse to do so shall be guilty of an offence, and liablo to a fine not exceeding ten pounds, or in default of payment to imprisonment, with or without Iianl labour, for a period not exceeding one month. 101. Every person who interrupts, obstruct.s, or disturbs the proceedings at an election shall be guilty of an offence and liable to the jienalties in the last preceding section mentioned. 102. — (1.) Every Returning Officer who, after having accepted office as such, wilfully neglects or refuses to perform any of the duties which by the provisions of this Schedule lie is required to perform shall for every such offence be liable to a penalty not exceeding two hundred pounds. (2.) Every presiding officer, or other officer or person, who wilfully neglects or refuses to perform any of the duties which by the provisions of this Schedule he is required to perform shall for every such offence be liablo to a penalty not exceeding fifty pounds. 103. Every presiding officer or other person who places, or is privy to placing, in a ballot- box a ballot-paper which has not been lawfully handed to and marked by a voter, or forges or coimterfeits, or fi-audulently defaces or destroys any ballot-paper, or the official mark thereon, shall be guilty of an offence, and shall be liable on conviction to be imprisoned lor any period not exceeding two years with or without hard labour. Proof that a greater number of ballot-papers is found in a ballot-box, or is returned by a presiding officer as having been received at a polling place, than the number of voters who voted at such polling place shall le prima facie evidence that the presiding officer at such polling place was guilty of an offence against this section. 104. Every person .shall be liable to a penalty not exceeding one hundred pounds, or to be imprisoned for any period not exceeding twelve months, with or without hard labour, who — (1.) Wilfully makes, delivers, or sends to any officer appointed to revise the roll of voters any claim which is false in any material particular ; or (2.) Wilfully causes or procures, or is in any wise concerned in the making, delivering, or sending of any such claim. 105. — (1.) Every Returning Officer, presiding officer, polling clerk, scrutineer, or other person who knowingly and wilfully unfastens the fold upon a ballot-paper within which the number of a voter is written, unless he is b}^ the laAvful command of some competent Coin-t or other Tribunal required so to do ; and (2.) Every lleturning Officer, presiding officer, polling clerk, or scrutineer who attempts to ascertain or discover, or direct!}' or indirectly aids in ascertaining or discovering, the person for whom any vote is given, except in the case of a person voting openly, or who having in the exercise of his office obtained knowledge of the person for whom any voter has voted, discloses such knowledge unless in answer to some question put in the course of proceedings before somo competent Court or other Tribunal ; and (.'!.) Everj- Returning (Mficer. presiding officer, polling clerk, or scrutineer who places uj.ion any liallot-paper any mark or writing not authorized by this Schedule; shall lie guilty of an offence, and on conviction thereof .shall be liable to imprisonment for anj- period not exceeding twelve mouths with or without hard laboiu'. lOti. Except as authorized by this Schedule, every person who knowingl}^ and wilfully breaks the seal of, or opens any such sealed jiarcel as is hereinliefore mentioned, unless he is by the laM-ful command of some competent CoTirt cu- other Tribunal required so to do, or to produce some portion of the contents of siach ]iarcel, shall be deemed guilty of an offence, ami on conviction shall be liable to imprisoiuuent for any period not exceeding twelve months with or without hard labour. 107. No voter who -witliin tln-oo months before tu' during any election shall have been retained, hired, or employed for all or any of the jiiu'poses of election for reward by or on behalf of any candidate at such electiou as agent, clerk, messenger, or in other like employment, shall be entitled to vote at such election, and if he shall so vote he shall be liable upon conviction to a penaltj- not exceeding fifty pounds, .-iiid, in default of payment, to imprisonment for any period, not exceeding three months. [625] • :e 32 llcaviiirf of Eli'cl'uni Pc/itions. lOS. A petition complaining of an inidue election of a member of the Legislative Assembly for any electoral division by reason of want of qualification, disqualification, corrupt or illegal practice, irregularity, or otherwise, may be presented to the High Court liy — (1.) An enrolled voter in such electoral division; (2.) Some person claiming to have had a right to be elected at such election ; or (o.) Home person alleging himself to have been a candidate at such election. Such i^otition is hereinafter referred to as an election petition. 109. AVitli respect to the presentation of an election petition, tlie following })rovisious shall a]i)ily :— (1.) The petition shall ho signed by the petitioner, or all the petitioners, if more than one. (2.) The petition shall be presented within forty days after the result of the election has been declared by the. Returning Officer. (3.) Prescutation of a petition shall be made bv filing it with the Registrar of the High Court. (A.) At the time of the presentation of the petition, or within seven days afterwnrd.s, security for the payment of all cost, charges, and expenses that ma)' become payable by the petitioner — (a.) To any person summoned as a witness on his behalf; or (h.) To the member whose election or qualification is complained of (who is hereinafter referred to as (ho respondent) ; shall be given by or on behalf of the petitioner. (5.) The security shall be to the amount of three humlred poiuids ; it shall be given either ))y recognizance to be entered into by any innnber of sureties not exceeding four, or by a deposit of money with the Registrar of the High Court, ov partly in one way and 2:iartly in the other. 110. Notice in writing of the jiresentation of a petition and of the nature of the proposed security, accompanied with a copy of the petition, shall within ten days after the presentation of the petition be served by the petitioner on the respondent, either personally or by leaving the same at his usual or last known dwelling-house or place of business; and it shall be lawful for the respondent, where the security is given wholly or partially by recognizance, by notice in writing to be served upon the petitioner in manner aforesaid within twenty-one days from the date of the service on him of such notice, to object to such recognizance on the ground that the sureties or any of them are insufficient, or that a surety is dead, or that he cannot be found, or that a person named in the recognizance has not duly acknowledged the same. 111. Any objection made to security given shall be heard and decided by the High Court or l)y a Judge thereof. If any objection to the security is allowed, it shall be lawful for the petitioner, within a further time to be fixed by the (3ourt or Jiidge iiot exceeding ten days, to ]'emove such objection by a deposit of such sum of money as niay be deemed proper iiy the said Court or Judge to make the security sufficient. If on objection made the security is decided to be insufficient, and such objection is not removed in manner hereinbefore mentioned, no further proceedings shall be had on the petition ; otherwise, on the expiration of the time limited for making objections, or on the sufficiency of the security being established after objec'tion made, the petition shall be deemed to be at issue. 112. The Registrar of the High (Jourt shall, as soon as ma}- be, make out a list of petitions presented to the Court and which are at issue, placing them in the order in which they ■were presented, and shall keep at his office a copy of such list, hereinafter referred to as the election list, open to the inspection of any person making application for inspection thereof. Such petitions shall be tried in the orde- in which they stand in such list, imless the C(mrt shall otiierwise order. Trial of a Petition, 113. With respect to the trial of election petitions the following provisions shall apply : — ■ (1.) Every election petition shall be tried with open doors. (2.) The trial of election petitions may take place in any civil term upon any day prescribed by any rule or order of Court : provided that the Court to wliiclj it has been presented may, upon the applicaticin of any of the petitioners or respondents, fix any day in or out of term iV)r sueii trial. {?>.) Notice of the time and place at which an electicui petition will be tried shall be given by the Registrar of the High Co^i't to the parties concerned not less than fourteen days before. the day on which the trial is to be held. (4.) The Court may adjoiu'u the trial from time to time and from place to place. (5.) Where on the trial of an election petition praying the Court to determine that some other person than the respondent is entitled to be declared duly elected in place of the respondent, it is proved that any person who voted for the respondent was bribed or S3 treated or subjected to undue influence by any one on behalf of the respondent, or that such person was f^'uilty of personation or of an illegal practice, payment, or hiring- every vote given for the respondent by such person, shall be deducted from the total number of votes given for the respondent at the election. ((!.) At the conclusit)n of the trial nf any election [)etition the Court shall determine whether the respondent was duly elected or whether any, and if so, what, jierson other than the res]Jondent was or is entitled to be declared duly elected; if the Court shall determine that the respondent was duly elected, such election shall be and remain as valid as if no petition had been presented against the same. If the Court shall determine that the respondent was not duly elected, but that some other persoii Avas or is entitled to be declared duly elected, the resptindent shall forthwith be deemed to have vacated his seat : and the Court shall forthwith certify such determination to the Governor, who shall thereupon, by Proclamation in the Gazette declare such other person duly elected. If the Cnurt shall determine that the respondent was not duly elected, and that no other person was or is entitled to be declared duly elected, the seat of the respondent shall forthwith be deemed to be vacaijt, and the Court shall forthwith certify such detenuination to the Governor, who shall thereupon command that a new election shall take places for the purpose of filling up such vacancy, and like proceedings shall take place iu rego.rd to such new election as are provided in regard to elections under this Schedule. 114. On the trial of a petition complaining of an undue election or return, and claiming the seat for some person, the respondent may give evidence to prove that the election of such person was undue in the same maruer as if he had presented a petition complaining of such election. ProccedinijSt 115. An election petition tmder this Schedule shall be in such form and state such matters as may be prescribed. 116. Two or more joint candidates may be made respondents to the same petition, and Riich petition shall be filed as one petition and be tried at the same time, but for all the purposes of this Schedule such petition shall be deemed to be a separate petition against each respondent. 117. When more petitions than one are presented relating to the same election or retui-n all such petitions shall iu the hst of petitions be bracketed together, and shall be dealt with as one petition, but such petition shall stand in the election list in the place where the last of such petitions would have stood if it had been the only petition presented, unless the Court or a Judge thereof shall otherwise direct. Witnesses. 118. Witnesses shall be siunmoned and sworn in the same manner as iu a trial before the High Court, and shall be subject to the same penalties for perjury. 119. On the trial of an election petition the Court may examine any witness or any person in Court, although such witness or person is not called or examined by any party to the petition. After the examination of a witness as aforesaid by the Court, such witness may be cross-examined by or on behalf of the petitioner and respondent or either of them. 120. No person who is called as a Avitness at the trial of any election petition shall bo excused from answering any question relating to any corrupt in- illegal practice at or connected with any election then forming the subject of inquiry, on the ground that the answer thereto may criminate or tend to criminate himself, provided that where any witness shall answer every question relating to any matters aforesaid which he shall be required by the Court to answer, and the answer to which niay criminate or tend to criminate him, he shall be entitled to receive from the Court, imder the hand of the Registrar, a certificate stating that such witness Avas upon his examination required by the said Court to answer qnestions or a question relating to the matters aforesaid, the ansAver or ansAvers to which criminated or tended to crinjinate him, and had answered all such questions or question; and if any indictment or action be at any tinic there- after pending in any Com-t against such Avitness for any offence luidcr this Schedule, committed by him previous to the time of his giving his evidence, and at or in relation to the election concerning or in relation to Avhich the Avituess may have been so examined, the Court shall, on prodrxction and proof of such certificate, stay the proceedings i]i such indictment or action : provided that no statement made by any person in answer to any question put to him by or or before such Court, shall, except in cases of indictment for perjury, be admissible in evidence against him in any proceeding, civil or criminal. 121. The reasonable expenses incun'ed by any person appearing to give eA'idence at the trial of an election petition, according to the scale usually allowed to witnesses on the trial of civil actions in the superior Courts of Law in the Colony, may be allowed to such person, and such expenses shall be deemed to be costs of the petition. [625] P 2 34 Withdrawal nud Abatement of Election Petitions. 122. An election petition shall not be •witlnlniwn without the leave of the Court, and after such notice has been given as such Court may direct. 123. On the hearing of the apj)lication for withdraAval, any person who might have been a petitioner in respect of such election to which the petition relates may apply to the Court to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition. 124. The Court may, if it think fit, substitute as a petitioner any such applicant as afore- said, and may further, if the proposed withdrawal is in the opinion of the Court induced by any corrupt bargain or consideration, by order direct that the security given on behalf of tlie original jietitiouer shall remain as security for any costs tliat may be incurred by tlie substituted petitioner, and that to the extent of the sum named iu such seciu-ity the original petitioner shall be liable to pay the costs of the substituted petitioner. 125. If no such order is made with respect to the security given on belialf of the original petitioner, secru'ity to the same amoimt as would be required in the case of a new petition, and subject to the like conditions, shall be given on behalf of the sidjstiUited petitioner before he proceeds with his petition, and within foiu'teen days after the order of substituticm. 12G. Subject as aforesaid, a substituted petitioner shall stand in the same position, as nearly as may be, and be subject to the same liabilities as the original petitioner. . 127. If a petition is withdrawn the petitioner sliall be liable to pay the costs of the respondent. 128. When there are more petitioners than one no application to withdraw a petition shall be made without the consent of all the petitioners. 129. An election petition shall be abated by the death of the sole petitioner or petitioners, but such abatement shall not affect the liability of the petitioner or petitioners to the payment of costs previously incurred. 130. Ou the abatement of a petition any person who might have been a petitioner in respect of the ele(^tion to which tlie petition relates may, within twenty -one days after such abatement, apply to the High Court or any .Judge thereof to be substituted as a petitioner, and such Court or Judge may thereupon, if it or he thinks fit, substitute as a petitioner any such applicaut ■who is desirous of being substituted, and on whose behalf secmity to the same amount is given as is required in the case of a new petition. 131. A respondent who has given notice that he does not intend to oppose the petition shall not be allowed to appear or to act as a party against such petition in any proceedings thereon, and shall not sit or vote in tiie Legislative Assembly pending the result of the trial of the petition, aud the Court shall iu all cases in which such notice has been given report the same to the Speaker. Costs. 132. All costs, charges, and expenses of and incidental to the presentation of a petition, and to the proceedings consequent thereon, shall be defrayed by the parties to the petition iu such manner, and iu such proportions, as the Court before which the same is tried or to be tried may determine, regard being had to the disallowance of any costs, charges, or expenses which ma}' in the opinion of the Court have been caused by vexatious conduct, unfounded allegations, or unfounded objections ou the part either of the petitioner or the respondent, and regard being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful. 133. The costs may be taxed aud recovered iu the same manner as the costs of an ordinary action at law in the superior Court of the Colony. 134. If any petitioner in an election petition shall neglect or refuse for the space of one month after demand to pay to any person summoned as a Avitness on his behalf or to the respondent any sum certified to be due to him for his costs, charges, or expenses, and if such neglect or refusal b^ proved to the satisfaction of the Coiu't to which such petition was presented, every person who has entered into a recognizance relating to such petition shall be held to have made default in his said recognizance, and the Registrar of the said Court shall thereupon certify such recognizance to be forfeited, aud execution may thereupon by leave of the said Court be sued out thereon at the suit of any such witness or respondent from time to time as occasion may require. Power to malce Regulations and giee Instructions. 135. The Governor in Council may from time to time make, alter, or repeal Regulations, and give instruction not inconsistent with the provisions of this Schedule for the better carrying out of the objects and purposes thereof, and all such Regulations shall be notified in the Gazette by the Colonial Secretarv. 35 AxxExuuE (A) TO Schedule II. Form of Notice under Section ii. Magisteriil District of Notice is hereby given to the inhabitants of tlio several registration divisions within tlio Magisterial District of that the Registering Officers M'ill now commence, in accordance with the provisions of section 2 of fieliedulc 11 annexed to the Orange River Colony Constitution Letters Patent, VMl, to make out in and for each registration division a Pro- visional List of all persons entitled to vote at elections of members for the Legislative Assembly. In order to secure the most complete list possible, an shall not be greater nor less than tiie number of members allotted to such total area as provided in that Regulation ; and if such first-mentioned number nf members be greater or less than the second-mentioned number of members, the Commissioners shall rectify such inequality by reducing or increasing, as the case may be, the number of men»bers allotted to such of the several districts, towns, or groups of towns within such area as in the opinion of the Commis- sioners ought to be reduced or increased while giving the nearest possible effect to the principles laid down in the preceding Regulations. 8. The Commissioners shall divide each magisterial district and each town an above defined into as many electoral divisions as there are members allotted to such district or town respectively. No group of towns shall return more than one member. In making such division the Commissioners shall follow the instructions mentioned in section 2 of the First Schedule hereto. It. In this Schedule the expression " town " moans any area comprised within the local limits — (1.) Of a municipality constituted under Ordinance (5 of 1904, entitled "The Municipal Corporations Ordinance. 1904," or any Act or Ordinance amending the same. (2.) Of a village or other conununity within the meaning of Ordinance 12 of 1904, known as the " Villages Management Ordinance, 1904," (/. Herbert Francis Blaine, Esq., K.C., Attorney-General, £583 ijs. iid. SCHEDULE VL (See Section LXV.) Nature of Instrument. Date. Letters Patent Royal Instructions to trovornor August 2, 1901. August 2, 1901 [625] H 42 No. 2. Letters Patent Letters Patent passed under the Great Seal of the United Kingdom, 1 Qn7 •^""^» constituting the Office of Governor and Commander-in-Chief^of the Orange River Colony. Edward the Seventli, by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India : To all to whom these Presents shall come, Greeting. Recites Letters Patent of the 2nd August, 1901. Appointment of Governor. Limits of Colony. Governor's powers and authorities. Publication of Governor's Com- Oaths to be taken by Governor. Imperial Act, 31 & 32 Vict., c. 72. Public Seal. Executive Council. WHEREAS by Our Letters Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the 2nd day of August, 190], We did constitute the Office of Governor and Com- mander-in-Chief of Our Orange River Colony, and did provide for the Government of Our said Colony : And whereas We are minded to make further provision for the Govern- ment of Our said Colony : Now know ye that We do declare Our Will and Pleasure to be as follows : — I. There shall be a Governor and Commander-in-Chief in and over Our Orange River Colony, and appointments to the said Office shall be made by Commission under Our Sign Manual and Signet. II. Our Orange River Colony (hereinafter called the Colony) shall comprise all places, settlements, and territories which formed part of the territories of the Orange Eree State at the date when the said territories were annexed to and became part of Our dominions. III. We do hereby authorize, empowe'.', and command Our said Governor and Commander-in-Chief (hereinafter called the Governor), to do and execute all things that belong to the said Office of Governor according to the tenour of these and any other Our Letters Fcitent, having effect within the Colony, and of such Commission as may be issued to him under Oitr Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such laws as are now or shall hereafter be in Ibrce in the Colony. IV. Every person appointed to fill the Office of Governor shall, with all due solemnity, before entering on any of the duties of his Office, cause the Commission appointing him to be Governor to be read and published in the presence of the Chief Justice of the Colony or of some other Judge of the High Court, and such of the members of the Executive Council of the Colony ■who can conveniently attend, which being done, he shall then and there take before them the Oath of Allegiance in the form provided by an Act passed in the Session holden in the Thirty first and Thirty-second years of the Reign of Her late Majesty, Queen Victoria, intituled " An Act to amend the Law relating to Promissory Oaths " ; and likewise the usual Oath for the due execution of his Office, and for the due and impartial administration of justice, which oaths the said Chief Justice or Judge is hereby required to administer. V. The Governor shall keep and use the Public Seal of the Colony for sealing all things whatsoever that shall pass the said Seal. VI. There shall be an Executive Council in and for the Colony, and the said Council shall consist of such persons being Ministers or other persons as the Governor shall, from time to time in Our name and on Our behalf, but- subject to any law of the Colony, appoint under the Public Seal of the Colony to be members thereof. Subject to any such law the members of the Executive Council shall hold office during Our pleasure : Provided that the members of the Executive Council existing at the commencement of these Our Letters Patent may if the Governor thinks fit continue to hold office until the appointment of Ministers. 43 VII. The Governor may, in Our uame and on Our behalf, make and Gfruui of landa. execute, under the Public Seal, grants and dis[)()sitions of any lauds within the Colony which may be lawfully granted or disposed of by Us. VIII. The Governor may eoustitute and appoint in Our uame and on Appointment of Our behalf all such Officers iii tbe Colony as may be lawfully constituted or ^ ^^'^'^''^ appointed by Us. IX. Tlie Governor may, so far as We Ourselves lawfully may, upon Suspension or sufficient cause to him appearing, remove from his office, or suspend from the '^"^,^ "' '^""" exercise of the same, any i)erson holding any otiice or place within the Colony under or by virtue of any Commission or Warrant or other Instrument granted, or which may be granted, by Us or in Our name or under Our authority, or by any other mode of appointment. X. When any crime or olTence has been committed within the Colony, dr^nt of pardon. or for which the offender may be tried therein, the Governor may, as he shall see occasion, in Our name and on Our behalf, grant a pardon to any accomplice in such crime or offence wiio shall ijive such information as shall lead to the conviction of the principal offender, or of any one of such offenders, if more than one ; and further, may grant to any offender convicted of any such crime or offence iu any Cuurt, or before any Judge or Magistrate, within the Colony, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender, or any respite of the execution of such sentence, for such period as he may think fit, and may remit any tines, penalties, or forfeitures due or accrued to Us : I'rovided Remission of always, that if- the offender be a natural-born British subject, or a British "°''". . , subject by naturalization in any part of Our Dominions, tiie Governor shall mgut'""' in no case, except where the offence has been of a political nature unaccom- g^ggptj^u panied by any other grave crime, make it a condition of any pardon or Political offences. remission of sentence that the offender shall be banished from or shall absent himself or be removed from the Colony. XL In the event of the death, incapacity, removal, or absence from •succession to the South Africa of the Governor, or of his being from any cause prevented fi,e^event of the from acting in the duties of his office, all and every the powers and death, &c., or authorities granted to him shall, imtil Our further pleasure is signified absence of the therein, be vested in such person as We may appoint under Our Sign Manual ^^^Y'^^ ^^'f"^ and Signet, and such person shall have and exercise all such powers and authorities until Our furthei- pleasure shall be signified : Provided that no such pov/ers or authorities shall vest in such person until he shall have taken the oaths hereinbefore directed to be taken by the Governor of the Colony, and in the manner herein prescribed. XII. Whenever and so often as the Governor shall be temporarily Temporary absent from the Colony in pursuance of any Instructions from Us through Qq'!^?"^'^^^^ ^ ^ one of Our Principal Secretaries of State, or in the execution of any Letters Patent or any Commission under Our Sign Manual and Signet appointing him to be Our High Commissioner or Special Commissioner for any territories in South Africa with which it may be expedient that We should have relations, or appointing him to be Governor or to administer the Government of any Colony, province, or territory adjacent or near to the Colony, or shall be absent from the Colony for the purpose of visiting Our High Commissioner for South Africa or the Governor or Officer Administering the Government of Our Colony of the Cape of Good Hope, or some other neighbouring Colony or State, for a period not exceeding one month, then and in every such case the Governor may continue to exercise all and every the powers vested in him as fully as if he were residing within the Colony. XIII. In the event of the Governor having occasion to be temporarily Governor may absent for a short period from the seat of Government or from the Colony, appoiur' a Deputy he may, in every such case, by an Instrument uuder the Public Seal of the po,ary absence Colony, constitute and appoint any person to be his Deputy within the from seat of Go- Colony, or any part thereof, during such temporary absence, and in that vernment or from capacity to exercise, perform, and execute for and on behalf of the i^olony. Governor during such absence, but no longer, all such powers and authorities vested in the Governor, as shall iu and by such Instrument be specified and limited, but no others. Every such Deputy shall conform to and observe all such Instructions as the Governor shall from time to [625] H 2 Officers and others to obey the Gov- ernor. Term " the Governor" explained. Power reserved to His Majesty to revoke, alter, or amend present Letters Patent. Proclamation of Letters Patent. time address to him for bis guiJauce : Provided, nevertheless, that by the appoiutmctit of a Deputy, as aforesaid, the power and authority of the Governor shall not he abridged, altered, or in any Avay affected, otherwise than We may at any time hereafter think proper to direct : Provided further that, if any such Deputy shall have been duly appointed, it shall not he necessary during the continuance in office of such Deputy for any person to assvmie the Government of the Colony as Administrator thereof. XIV. And We do hereby require and command all Our Officers and Ministers, Civil and Military, "^and all other the inhabitants of the Colony, to he obedient, aiding and assisting unto the Governor, or to such person or persons as may from time to time, under the provisions of these Our Letters Patent, administer the Government of the Colony. XV. In the construction of these Our Letters Patent, the term "the Governor," unless inconsistent Avith the context, shall include every person for the time being administering the Government of the Colony. XVI. And We do hereby reserve to Ourselves, Our heirs and successors, full power and authority from time to time to revoke, alter, or amend these Our Letters Patent, as to Us or them shall seem fit, XVII. And We do direct and enjoin that these Our Letters Patent shall be read and ])roclaimed at such place or places within the Colony as the Governor shall think fit, and shall commence and come into operation on a day to be fixed by the Governor by Proclamation in the Orange River Colony Government Gazette. In witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminster, this fifth day of June, in the seventh year of Our Reign. Bv Warrant under the Kins's Sign Manual. MUIR MACKENZIE. No. 3. Instruction.^ passed under the Royal Sign Manual and Signet to THE Governor and Commander-in-Chief of the Orange River Colony. EDWARD R. & I. Dated 5th June, 1907. Preamble. Recites Letters^ Patent, constitut- ing the Office of Governor. Instructions to Our Governor and Commander-in-Chief in and over Our Orange River Colony, or other Officer for the time being administering the Government of Our said Colony. Given at Our Court at Saint James's, this fifth day of June, 1907, in the seventh year of Our ileign. WHEREAS by certain Letters Patent bearing even date herewith We have constituted, ordered, and declared that there shall be a Governor and Commander-in-Chief (therein and hereinafter called the Governor) in and over Our Orange River Colony (therein and hereinafter called the Colony) : And whereas We have by the said Letters Patent authorized, empowered, and commanded the Governor to do and execute all things that belong to his said office, according to the tenor of the said Letters Patent and any other Our Letters Patent having effect within the Colony, and of such Commission as may be issued to him under Our Sign Manual and Signet, and according to such Instructions as may from time to time be given to him under Our Sign Manual and Signet or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such Laws as are now or shall hereafter be in force in the Colony : 45 Now, therefore, We do hereby direct and enjoiu aud declare Our Will and j)leasure to be as follows : — • I. In these Our Instructions, unless inconsistent with the context, the term " Governor " shall include every person for the time being administering ^'^'"" " ^'O^emor." the Government of the Colony. II. The Governor may, Avhcncvcr he thinks fit, require any person in the public service to take the Oath of Allegiance, together witli such other Oatlis to be Oath or Oaths as may from time to time be prescribed by any Law in force Qovenwr,'^^ '^ in the Colony. The Governor is to administer such Oaths or cause them to be administered by some Public Officer of the Colony. III. The Governor shall forthwith communicate these Our Instructions 'Governor to to the Executive Council, and likewise all such others, from time to time, as s°""cti(ms\o "' he shall find convenient for Our service to impart to them. Exuculive Council. IV. The Executive Council shall not proceed to the despatch of business Executive Council imless duly summoned by authority of the Governor, nor imless two Members not to proceed at the least (exclusive of himself or of the Member jn-esiding) be present and sunimoned by the assisting throughout tlie whole of the meetings at which any such business (Jovernor'a autho- shall be despatched. 'ity- Quoi-uin. V. The Governor shall attend and preside at the meetings of the (Jovcrnor to Executive Council, unless prevented by some necessary or reasonable cause, jsroside, aud in and in his absence such Member as may be appointed by him in that behalf, j^ember aa he or in the absence of such Member the senior Member of the Executive may appoint, or Council actually present shall ]n-eside. The seniority of the Members of the tl'o senior Member said Council shall be prescribed bv the Governor. '" preside. Seniority of Mditt- bers. VI. In the execution of the powers and authorities vested in him, the Governor k» take Governor shall be guided by the advice of the Executive Council, but if ia tive Council. any case he shall see sufficient cause to dissent from the opinion of the said Council, he may act in the exercise of his said powers and authorities in opposition to the opinion of the Council, reporting the matter to Us without delay, with the reasons for his so acting. In any such case it sliall be competent to any Member of the said Council to require that there be recorded upon the Minutes of the Council the grounds of any advice or ojoinion tliat he may give upon the question. VII. The Governor shall not assent in Our name to any law of any of description of ,, /. 11 • 1 „ laws not to be the followmg classes :— ^^^^,^^^^^ t^_ 1. Any law for divorce. 2. Any law whereby any grant of land or money, or other donation or ffratuitv, mav be made to himself. 3. Any law affecting the currency of the Colony. 4. Any law imposing differential duties. 5. Any law the provisions of which sliall appear inconsistent witb obligiitions imposed on Us by Treaty. 6. Any law interfering with the discipline and control of Our forces in the Colony by land or sea. 7. Any law of an extraordinary nature and importance, whereby Our prerogative, or the rights and property of Our sul)jects not residing in the Colony, or the trade aud shipping ol the United Kingdom and its depen- dencies, may be prejudiced. 8. Any law containing pi'ovisions to which Our assent has been once refused, or which have been disallowed by Us : Unless he shall have previously obtained Our instructions upon such law through one of Our Principal Secretaries of State, or unless such law shall contain a clause suspending the opei-ation thereof until the signiticatiou in the Colony of Our pleasure thereupon. VIII. Whenever any offender shall have been condemned to suffer death lle^Iation of by the sentence of any Court, the Governor shall consult the Executive po^^'cr of pardon Council upon the case of such offender, submitting to the Council any '" '"'^^' '' '-^^°^ Report that may have been made by the Judge who tried the case ; and. Judge's Report whenever it appears advisable to do so, taking measures to invite the {"xeciuTve (JountiJ 46 Governor to consult Executive Uouncil in such cases. May exercise his ov?u judgment. Entering his reasons on the Council Minutes. ■Officers to be . appointed during ipleasure. "Governor not to quit the Colony. Temporary leave of absence. •Governor's ab- sence from the ■Colon}'. attendauce of such Judge at the Council. The Governor shall not pardon or reprieve any such offender unless it shall appear to him expedient so to do, upon receiving- the advice of the Executive Council thereon ; but in all such cases he is to decide either to extend or to witlihold a pardon or reprieve, according to his own deliberate judgment, whether the Members of the Executive Council concur therein or otherwise ; entering, nevertheless, on the Minutes of the Executive Council a Minute of his reasons at length, in case he should decide any such question in opposition to the judgment of the majority of the Members thereof. IX. All Commissions granted by the Governor to any persons to be officers in the Colony shall, unless otherwise provided by law, be granted during pleasure only. X. Exce))t in accordance with the provisions of any Letters Patent or of any Commission under Om- Sign Manual and Signet, the Governor shall not, upon any pretence whatever, quit the Colony without having first obtained leave from Us for so doing under Our Sign Manual and Signet, or through one of Our Principal Si^cretaries of State, unless for the purpose of visiting the High Commissioner for South Africa or the Governor or Officer Administering the Government of some neighbouring Colony or State, for periods not exceeding one month at any one time, nor exceeding in the aggregate one month for every year's service in the Colony. XI. The temporary absence of the Governor for any period not exceeding one month shall not, if Ik; have jjreviously informed the Executive Council, in writing, of his intended absence, and if he have duly appointed a Deputy in accordance with the above recited Letters Patent, nor shall any extension of such period sanctioned by one of Our Principal Secretaries of State and not exceeding fourteen days, be deemed absence from the Colony within the meamng of the said Letters Patent. E. R. & L 47 APPENDIX I. The secretary OF STATE TO the GOVERNOT^. (Sent, 17th December, 1906.) Telegram. (17th December. No. 1.) HIS Majesty's Government have througliout been anxious that no unnecessary delay should take place in tlie accomplisliment of the declared purpusc of His Majesty to confer Responsible Government upon the Orange River CVilony ; and they are now able to announce that tlie main bases and provisions of the Constitution as granted to the Transvaal shall (■(pially apply in the case of the older sister Colony, and they will thereibre advise His Majesty to issue Letters Patent for the Orange River Colony following in its substantial features tlie Transvaal Letters Patent of the 6th instant. Representation will be on voters basis, coupled with manhood suffrage and a residential qualifica- tion of six months. The magisterial districts will be retained witli their existing boundaries for electoral purposes, and there will be separate representation of towns. The Legislative Assembly will consist of 38 members, comprising 27 district members and 11 town members. List of Constituencies. Districts— Members. Bloemfontein, Kroonstad, Rouxville, and Winburg ... 2 members each. Bethlehem, Bethulie, Boshof, Edenburg, Ficksburg, "| Frankfort, Harrismith, Heilbron, Hoopstad, [ Ladybrand, Lindley, Pliilippolis, Senekal, Smith- y 1 member each. field, Thaba'Kchu, Vrede, Vredefort, and | Wepener J Fauresmith and .Jacobsdal (together) ... ... 1 member. Towns — Bloemfontein ... Harrismith, Kroonstad, Bethlehem w'ith Fouriesburg" and Ficksburg (together), .Tagersfontein and Koffyfontein (together), Parys with Vredefort and )> 1 member each. Heilbron (together), Ladybrand and Thaba'Nchu | (together) J The allocation of seats has been made on the results of the Census of 1904, except that five members- are allotted to Bloemfontein town to allow for an increase of population. The principle followed is similar to that laid down in the case of the Transvaal in Schedule o of the Letters Patent. Provision will be made for automatic redistribution. The Legislative Council will consist of 1 1 meuibers, and will be constituted in the first instance by nomination, as in the case of the Transvaal. The provisions with respect to the Intercolonial Council and land settlement and reservation of laws on certain subjects will be similar to those in the Transvaal Letters Patent. — ELGIN. APPENDIX II. The secretary OF STATE to the GOVERNOR. (Sent, 7th June, 1907.) Telegram. (7th June. No. 2.) I AM sending to you by mail of to-morrow Letters Patent establishing Responsible Government in Orange River Colony. Full information as to text will reach you to-day, and you should publish on 10th June. Commission to Goold-Adams as Governor is also being sent. Latter revokes your Com- mission from date when Lettei's Patent come into force. You sliould therefore issue Proclamation bringing into force Letters Patent on arrival of Goold-Adanis's Commission. In announcing to you transmission of Letters Patent, I am commanded by His Majesty to express his confidence that the inhabitants of the Or.mge River Colony will continue to enjoy in aii increasing measure under the new Constitution tlie prosperity and contentment which have distinguished their country in the past. I have to add on behalf of His Majesty's Government an expression of their sincere satisfaction at the^ consummation of the policy announced in His Majesty's Speech from the Throne on the 19th February, 1 906, in accordance with which free institutions have now been bestowed upon the Orange River Colony in no less ample a manner than upon the sister Colony of the Transvaal. — Elgin -f/7r »JQ 1907 i