Disqualification for Election Act 1846 No 20a (NSW)

No. XVI.

An Act to render certain persons herein de­ scribed incapable of being elected or of si t t ing and voting* as Members of the Legislative Council and to make void the election of certain Members. [Reserved— 30th October, 1846.]

hoi den.

WH E R E A S it is expedient t h a t provision he m a d e to secure as far as m a y be t h e independence of t h e M e m b e r s of t h e "Legis­

lat ive Counci l Be i t enacted by H i s Exce l lency the Governor of New-

South W a l e s by a n d wi th t h e advice and consent of t he Legis la t ive Council thereof T h a t no person who shall be in receipt of a salary or pension chargeable on or payable out of Schedules A B or C appended to an A c t of t he I m p e r i a l Pa r l i amen t passed in t h e fifth a n d s ix th

year of t h e re ign of he r p resen t Majesty in t i tu led " An Act for the

Government of New South Wales and Van Dlemen's Land " no r any person hold ing any office of profit or hav ing any pension from the Crown d u r i n g p leasure or for t e r m of years shal l be capable of being- elected or of s i t t ing or vo t ing as a n elected M e m b e r of t h e said Legis­ la t ive Council in any Council which shall be hereafter summoned and

2. A n d be i t enacted T h a t if any elected M e m b e r of t he said

Legislat ive Council shall accept of any such office of profit or of any such pens ion from t h e Crown his election shal l t he r eupon be and is hereby declared to be void and a wr i t shall for thwi th issue for a new ,e lect ion as if such M e m b e r were n a t u r a l l y dead Provided however t h a t n o t h i n g in th i s Act contained shal l ex tend or be const rued to ex tend t o any person in t he receipt only of pay half-pay or a pension as an officer of H e r Majes ty ' s N a v y or A r m y or who shall receive any new or o ther Commission in t h e N a v y or A r m y respectively or a n y increase to such pension.

3. Provided a lways and be i t enac ted T h a t no person shall be
capable of be ing elected a M e m b e r t o serve in the said Legislat ive

Counci l or of s i t t ing or vo t ing there in who shall be a Min i s te r of t h e

C h u r c h of E n g l a n d or a Min i s t e r Pr ies t Ecclesiast ic or Teacher e i ther

according to t h e r i tes of t he Church of R o m e or u n d e r any other	form
or profession of rel igious faith or worship .

4. A n d be i t enacted T h a t any person who shall directly or indi rect ly himself or by any person whatsoever in t r u s t for h im or for his use or benefit or on his account u n d e r t a k e execute hold or enjoy in t h e whole or in p a r t any cont rac t or ag reement for or on account of t h e publ ic service shal l be incapable of be ing elected or of s i t t ing or vo t ing as a M e m b e r of t h e Legis la t ive Counci l d u r i n g t h e t i m e t h a t he shal l execute hold or enjoy any such cont rac t or any p a r t or share thereof or any benefit or emolumen t a r i s ing from t h e same Provided a lways t h a t no th ing here in conta ined shall ex tend to any cont rac t or ag reement made entered in to or accepted b y any incorpora ted com­ p a n y or any t r a d i n g company consis t ing of more t h a n t w e n t y persons whe re such con t rac t or ag reemen t shal l be m a d e entered in to or accepted for t h e general benefit of such incorpora ted or t r ad ing com­ p a n y Prov ided also t h a t if any person be ing a M e m b e r of t h e said Legis la t ive Counci l shal l en te r i n to any such contract or ag reement or h a v i n g en te red in to i t shal l con t inue to hold i t his seat shall be void.

5. A n d be it enac ted Tha t if any person by th i s Ac t disabled or declared to be incapable to sit or vote in any Counci l hereafter to be s u m m o n e d and holden shal l never theless after t he dissolution or deter­ mina t ion of th is p resen t Counci l be elected and re tu rned as a M e m b e r to serve in t h e said Legislat ive Counci l for any coun ty distr ict city t o w n borough or boroughs such election and r e t u r n are hereby declared

a n d enacted to be void to all i n t en t s a n d purposes whatsoever and if any

person so elected a n d r e t u r n e d con t ra ry to t h e provisions of th i s Ac t

shal l p resume to sit or vote as an elected M e m b e r of t h e said Legisla­ t ive Council in any Counci l or Session of Counci l t o be hereafter s u m m o n e d and holden such person shal l forfeit the s u m of five h u n d r e d pounds to be recovered by any person w ho shal l sue for t h e same in t he Sup reme Cour t of N e w South W a l e s or in any other Cour t of Record in t h e said Colony h a v i n g competen t jur isdic t ion by action of debt .

No . X V I I .