The House of Assembly Amendment Act, 1925

15 Geo. V, Cap. 7

An Act to amend Chapter 3 of the Consolidated Statutes of Newfoundland (Third Series) entitled "Of the Election of Members of the House of Assembly."

[April 3, 1925]

Be it Enacted by the Governor, and Legislative Council and the House of Assembly, in Legislative Session convened, as follows:--

1. Sub-section (a) of Section 3 of Chapter 3 of the Consolidated Statutes of Newfoundland (Third Series) entitled "Of the Election of Members of the House of Assembly," is hereby repealed and the following substituted therefor, namely "(a) The expression 'person' means any person, male or female."

2. Section 4 of the said Chapter is hereby repealed and the following substituted therefor, namely:—Every male British subject of the full age of twenty-one years and every female British subject of the full age of twenty-five years of sound understanding and resident in this Colony for two years preceding the day of Election shall be competent to vote for the Election of Members of the House of Assembly in and for the Electoral District or division of a district, as the case may be, within which he or she is an actual and bona fide resident at the time of the preparation of the list of Electors or supplementary list of Electors as the case may be: Provided that any person temporarily employed or staying in any District or division of a District, as the case may be, and intending at the termination of his or her employment or stay to return to his or her home in another part of the Colony, shall not be deemed to be an actual or bona fide resident within the meaning of this Section.

3. Section 49 of the said Chapter is hereby repealed and the following substituted therefor, namely:--

49. The qualification of persons to be elected to serve as members of the House of Assembly shall be a net annual income, arising from any source whatever of four hundred and eighty dollars, or the possession of property exceeding two thousand, four hundred dollars, clear of all incumbrances; and every candidate for such election shall be such person only as in all other respects is competent to vote for the election of members of the House of Assembly, is actually domiciled in the Colony at the time of nomination and has never been convicted in due course of law of any infamous crime.

(a) Every candidate for election present at the nomination of candidates shall, before nomination, deliver or cause to be delivered to the Returning Officer, a declaration signed by such candidate and sworn before the Returning Officer, which declaration shall be according to one of the Forms in Schedule M.I. and M.2, of this Chapter according as the qualification may be income, or property.

(b) Before any candidate for election not present at the nomination of candidates shall be put in nomination, a declaration in the Form of Schedule M.3 or M.4 shall be delivered to the Returning Officer, according as the qualification is in income or property, signed by the candidate or by two electors, and sworn before a Stipendiary Magistrate, a Justice of the Peace, or the Returning Officer.

4. The Act 9-10 Geo. V., Cap. XIV., entitled "An Act to amend the Election Act, 1913" is hereby repealed.

5. In the said Chapter unless the context otherwise requires words importing the Masculine Gender shall be held to include the feminine gender and vice versa.