Electoral Disqualification of Ministers of Religion Act 1850 No 44a (NSW)

N o . MAX.

A i i Act to remove doubts respecting the eligi­ bility of persons in Holy Orders to sit as Members of the Legislative Council and to disqualify Ministers of Religion from being elected Members of the said Legislative Council or of any other Legislative Council or Assembly that may hereafter be substi­

tuted for the same. [Reserved—1st October,

1 8 5 0 . ]

the Legislative Council and also to m a k e effectual provision for

WH E R E A S it is expedient to remove doubts which have arisen respect ing the eligibility of persons in Holy Orders to sit in

exc lud ing t h e m from s i t t ing the re in Be it therefore declared and enacted by H i s Excel lency the Governor of New South Wales by and wi th t h e advice and consent of the Legislat ive Counci l thereof Tha t no person hav ing been ordained to the office of Pr ies t or Deacon or be ing a .Minister of t he Church of Scotland or a Minis ter Pr ies t or Ecclesiastic unde r any form or profession of rel igious faith or worship whatever is or shall be capable of being elected to serve as a M e m b e r of t h e said Legislative Council or of any o ther Legis la t ive Council or Assembly in t h e said Colony which may be hereafter subs t i tu ted in t h e place or s tead of the same.

2. A n d be it fur ther declared and enacted T h a t if any person

hav ing been ordained to t h e office of Pr ies t or Deacon or be ing a Minis te r of t h e Church of Scotland or a Min is te r Pr ies t or Ecclesiast ic under any o ther form or profession of rel igious faith or worship shall be hereafter elected and r e tu rned to serve as such M e m b e r as aforesaid such election and r e t u r n shall be void and t h a t if any person being elected to serve as a M e m b e r of t h e said Legislat ive Council or any o ther such Legislat ive Counci l or Assembly as aforesaid shal l after his election be ordained to t he office of Pr ies t or Deacon or become a Minis te r of t h e Church of Scot land or a Min is te r Pr ies t or Ecclesiastic u n d e r any other form or profession of rel igious faith or .worship then and in such case t he seat of such person shall immedia te ly become void and if any such person shall in any of t he aforesaid cases p re sume to sit or vote as such M e m b e r as aforesaid he shall forfeit t h e s u m of five h u n d r e d pounds for every day in which lie shall so sit or vote to any person or persons who shall sue for the same in t he Supreme 1 Court of New South Wales or any o ther Cour t of Record in t h e said Colony hav ing competent jur i sd ic t ion and the money so forfeited shall be recovered by the person or persons so suing wi th full costs and every person against whom any such pena l ty or forfeiture shall be recovered by v i r tue of th i s Act shall be from thenceforth incapable of t a k i n g

t ak ing hold ing or enjoying any cure office or p romot ion ecclesiastical and of t a k i n g hold ing or enjoying any office of honor or profit under

H e r Majesty H e r H e i r s or Successors.

3 . Provided a lways and be i t enacted Tha t n o t h i n g in th i s

A c t conta ined shall ex tend or be cons t rued to extend to m a k e void any election of a person to serve as a M e m b e r of the Legislat ive Council which election shall have t aken place before t he pass ing of

th i s Act .

t. Provided also and be it enacted That no person shall be l iable to any forfeiture or pena l ty inflicted by th is Ac t unless a prosecut ion shall be commenced wi th in twelve calendar m o n t h s after such pena l ty or forfeiture shal l be incurred .

5. A n d be it enacted T h a t proof of t he celebrat ion of Divine Service and of the admin i s t ra t ion of t he Sacrament of t he Lord ' s Supper according to t he ri tes of the Church of England the Church of P o m e the Church of Scotland or of any Church or Chapel consecrated or set apa r t for flu; Pub l i c W o r s h i p of such Churches respectively or in any Church or Chapel consecrated or set apa r t for any o ther mode or denomina t ion whatsoever of Publ ic W o r s h i p shall be deemed and t aken to be prima fade evidence of t he fact t h a t t h e person officiating as Minis te r in any such Church or Chapel has been ordained to t he office of Pr ies t or Deacon or of his be ing a Minis te r of t h e Church of Scot land or otherwise within the in ten t and mean ing of

th i s Act .