nance. Ordi Lists of candidates appointed. 37. (1) And be it enacted, that the Governor shall cause to be Constitution published in the Government Gazette, fourteen days at least before the day appointed for the commencement of the poll, separate to be published." lists, for the Western districts and the Eastern districts respectively, of the candidates who shall have received and accepted, and transmitted as aforesaid, such requisitions; and the Governor shall, by How committees such proclamation, appoint such three of the scrutineers nominated of scrutineers to be by the candidates of the (2) Western districts, and such three of the scrutineers nominated by the candidates for the (2) Eastern districts, as the said Governor shall find to be nominated by the greatest number of candidates for such districts respectively, to be committees of scrutineers for such (2) districts respectively, for the purposes herein mentioned: Provided always, that in the event of three scrutineers not being nominated as aforesaid, for such districts respectively, or of any scrutineer nominated or appointed, dying, declining, or becoming incapable to act, or of there being a deficiency of scrutineers from any other cause, the Governor may appoint such scrutineer or scrutineers as may be necessary for constituting the full number of three scrutineers for the Western districts and the Eastern districts respectively. Persons on regis tered lists entitled 38. And be it enacted, that all persons whose names shall be inserted in the list of voters for any Electoral Division, but no to vote. other persons, shall be entitled to (3) vote in and for such Electoral Division for members of the Legislative Council: Provided always, that the list of voters for every Electoral Division, other than the city of Cape Town or the town of Graham's Town, shall, for the purposes of this section, be taken to include the name of every claimant whose claim shall be allowed by any such officer as aforesaid, at any such polling-place as aforesaid, and not to include the name of any person originally inserted upon such list in regard to whom an objection shall have been allowed by any such officer. 39. And be it enacted, that the poll at every polling-place in every Electoral Division shall, upon every day appointed for taking the poll thereat, open at eight o'clock in the forenoon and close at five o'clock in the afternoon. Commencement and continuation of poll. candidates as the 40. And be it enacted, that each person entitled to vote in and The votes for memfor any Electoral Division comprised in the Western districts shall bers of Legislative Council may be disbe entitled to vote for the members of the said Council to be tributed amongst the elected for such districts, and shall be entitled to give at such voter pleases. election as many votes as there are members of such Council to be elected at such election for such districts; and each person entitled to vote in and for any Electoral Division comprised in the Eastern districts shall be entitled to vote for the members of the said Council to be elected for such districts, and 'See Act 18 of 1874, § 4. 23 Scrutineers are appointed for each Electoral Province, § 4 ibid. nance. Manner of voting for members of the Constitution Ordi- shall be entitled to give at each election as many votes as there are members of such Council to be elected at such election for such districts; and every person so entitled to vote for members to be elected for the Western districts and for the Eastern districts, respectively, shall be entitled, at his discretion, to give at any such election one vote to each of any number of the candidates not exceeding the whole number of members to be elected, or to distribute, in such proportion as he may think fit, the whole number of votes which he is entitled to give among any lesser number of candidates, or to give all his votes to one candidate.(1) 41. (1) And be it enacted, that the manner of voting at every Legislative Council. Polling-place in every Electoral Division for members of the said Council shall be as follows, that is to say: the Governor shall cause the officer appointed as aforesaid to take the poll at each polling place to be furnished with a sufficient number of printed lists of the several candidates for the Western or Eastern districts, as the case may be, whose names shall have been published in the Government Gazette, as aforesaid, and such voter shall, in the presence of such officer, write, or cause such officer to write, upon one such list, against the name or names of the candidates whom such voter shall desire to be chosen, the number or respective numbers of votes which he shall give to such candidate or to each of such candidates respectively, and the name of such voter shall by such officer be legibly written at the top of such list, and shall, either by himself or by such officer, at his request, be signed or written at the foot of such list, which list shall also be signed by such officer, in attestation of the correctness thereof: Provided always, that when and as often as the identity of any voter shall be established, no omission, either in the voters' list of the division, or in the list in this section mentioned, of one or more of the christian names of such voter, and no variance between the said last-mentioned lists in regard to the christian names of such voter, and no error in the spelling of either the christian names or the surname of such voter, shall destroy or affect the validity of his vote. At the clore of the poll, officer to trans Secretary to Government. 42. [Repealed by Act 14 of 1874 § 37.] 43. And be it enacted, that as soon as the time limited for mit lists received keeping open the poll at any polling-place at any election of a from voters to the member or members of the Legislative Council shall have expired, no further votes shall be received thereat, and the officer who shall have taken the poll at such polling-place shall, with all convenient speed, deliver in person, or securely enclose and transmit to the Secretary to the Government, or such other person as may be appointed in this behalf as hereinbefore mentioned, the lists received by such officer from the voters at such polling-place. 1 Electoral Provinces now. This section must be read with 4 Act 18 of 1874. Voting by Ballot from and after the 1st July, 1894, § 36 Act 9, 1892; see § § 37 et seq, for Mode of Voting and Procedure at the Poll. nance. and announced by 44. (1) And be it enacted, that the lists of votes for the Western Constitution Ordidistricts and the Eastern districts respectively, when returned to the Members of the Secretary to the Government, or such other person as may be Legislative Council appointed to receive the same, as herein provided, shall be laid to be ascertained, before the cominittees of scrutineers for such districts respectively, proclamation. and each such committee shall, by writing under the hands of the members of such committee, or two of them, certify to the Secretary to the Government the names of the several candidates for whom votes have been given, and the number of votes they shall find to have been given for each of such several candidates within the districts for which such committee is appointed; and such certificate shall be published in the Government Gazette; and the Governor shall, by proclamation in the Government Gazette, declare such (2) eight candidates and seven candidates respectively as may appear by the certificates of the committees of scrutineers for the Western districts and Eastern districts respectively to have been elected by the votes, or (as the case may be) the majority of votes, received as aforesaid, to be duly elected members of the said Council for such districts respectively, and the day of the publication of such proclamation shall, for the purpose of computing the time during which such members are under the provision hereinbefore contained, to hold their seats, be deemed and taken to be the date of their election: Provided that, if it appear by such certificate of the scrutineers that, by reason of any two or more candidates having received an equal number of votes the requisite number of members cannot be declared to be elected by the majority of votes, the Governor shall, before he shall issue such proclamation as last aforesaid, cause the member or members required to make up such number to be determined by lot among the candidates having such equal number of votes, such lot to be drawn in presence of one of the Judges of the Supreme Court, and of such candidates, or their agents authorised in writing (in case such candidates or agents think fit to attend); and such judge shall certify to the Secretary to the Government, under his hand, the name of the candidate or candidates upon whom the lot has fallen, and such certificate shall be published in the Government Gazette, and the Governor shall, by such proclamation as aforesaid, declare such candidate or candidates to be, with the candidate or candidates having such majority of votes as aforesaid, duly elected members of the said Council. bers of the Legisla have been announced 45. And be it enacted, that as soon as, but not before, the names When the memof the members of the Legislative Council shall, in manner and tive Council shall form as aforesaid, have been published in the Government Gazette, proclamation to be the Governor shall, by proclamation in the said Gazette, command issued for electing the returning officers of the several Electoral Divisions by him House of Assembly. appointed to proceed, upon some certain day to be named in such 1 See § 4, Act 18 of 1874. See also §§ 50 and 56, Act 14 of 1874. the members of the KK nance, Constitution Ordi- proclamation, to the election of members of the House of Assembly of the Cape of Good Hope: Provided always, that it shall be lawful for the said Governor to issue, for the purpose aforesaid, either one proclamation or more than one, and to appoint the same days or different days for or in regard to the several Electoral Divisions of the Colony respectively, and any day or days appointed by any proclamation from time to time to alter, as circumstances shall require Provided also, that not less than thirty-one clear days shall elapse between the day of the publication of any proclamation fixing the day of election for any Electoral Division and the day of such election. Each electoral division other than two members of As sembly. four members. 46. And be it enacted, that for the purpose of constituting the Cape Town to elect House of Assembly of the Cape of Good Hope, it shall and may be lawful for the voters in or for each of the twenty-two (1) Electoral Divisions herein before mentioned, except the city of Cape Town, to elect two (2) qualified men, and no more, to be the Cape Town to elect representatives of such Electoral Division, and for the voters in or for the Electoral Division of Cape Town to elect four qualified members; and that every voter in every Electoral Division shall be entitled to give at each election as many votes as there are members of Assembly to be elected at such election: Provided always, that in no Electoral Division except Cape Town shall any voter be capable of giving to any one candidate more votes than in Cape one: Provided also, that in the Electoral Division of Cape Town their votes amongst every voter shall be entitled, at his discretion, to give at any such election one vote to each of any number of the candidates not exceeding the whole number of members to be elected, or to distribute in such proportions as he shall think fit the whole number of votes which he is entitled to give among any lesser number of candidates, or to give all his votes to one candidate. (3) Town may distribute the candidates at pleasure. Qualification members of the of 47. (4) And be it enacted, that any person (except as is next House of Assembly. hereinafter excepted) who shall be qualified and entitled to be registered as a voter in and for any Electoral Division within the said Colony shall be qualified and entitled to be elected a member of the Legislative Assembly for any Electoral Division within the Persons qualified said Colony: Provided also, that no person holding any office of to be voters who are profit under (5) Her Majesty the Queen, within the said Colony, and no uncertificated insolvent, and no alien who shall have been registered as a voter by virtue merely of having obtained a deed of burghership, shall be eligible to be elected a member of the said Legislative Assembly. disqualified to members. Nomination of can didates for the House 48. And be it enacted, that upon the day which shall, in and of Assembly, and pro- by any such proclamation as is in the 45th section of this ceedings thereupon. 'Number increased. See note to § 6 of this Ordinance. 2 As to Electoral Division of Kimberley, see Act 13 of 1882, § 2. 3 Cumulative voting abolished by Act 16, 1893. + See § 33 of this Ordinance and Act 18 of 1874, § 8. But see Act 1 of 1872, § 3. nance. Ordinance mentioned, be appointed for proceeding to the election Constitution Ordi |