Public Contractors Act 1869 (SA)

ANNO TRICESIMO TEltTIO

A.D. 1869-70,

No. 19.

6

An Act to prevent Public Contractors being returned to or sitting or

- voting in Parliament.

[Reserved, 23rd February, 1870.1

HEREAS it is desirable to prevent public contractors being Prormble.

W returned to or sitting or voting in the ~ a r l i G e n t of the

Province of South Australia-Be it therefore Enacted, by the Go- verner of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows :

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1. Any person who shall directly or indirectly, himself or by Parson* holding can-

any person whatsoever in trust for him, or for his use or benefit, or E:$fih$rp

in art anv contract. a~reement. or cornrnission made or entered eleoted or sitting. on his account, undertake, execute, hold, or enjoy in the whole or capable of being

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into with, under, or from any person or persons whatsoever, for or on - f 2 G f - 2 ~ 6

account of the Government of the said Province, or shall knGvingly

m 7 willingly furnish or provide in pursuance of any such agree- _._

ment, contract, or comrnission~which he or they shall have made or entered into as aforesaid, any money to be remitted abroad, or any wares or merchandize to be used or employed in t h g m v i e $&L	c	p
pgbkc, or any members of any company, or any person holding any office or position in any company formed for the construction of any railway, or other public work, the payment for which, or
the interest on the cost of which has been guaranteed by the
said Province, shall be incapable of being elected, or of sitting

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or voting as a Member of the said Parliament du qime

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he s h d execute, hold, or enjoy any such contract, agreemen or

commission,

200 33" VICTORIB, No. 19.

Contractors in Parliament A c t. 1 8 6 9-70.

commission, or office, or position, or any part or share thereof,

or any benefit or emolument arising from the same.

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F . * MemberaC~t- 2. If any person, being a Member of the said Parliament, shall

m	ing a contract, or con-
tinuing to hold any directly or indirectly, himself, or by any other person whatsoever in

afrer the trust for him, or for his use or benefit, or on his account, enter into,

f l	commencement of the
next Boasion, his seat accept, or agree for, undertake or execute, in the whole or in part,
shall be void. anv such contract. agreement, or commission as aforesaid. or if anv

pekon being a ~hmYber of tlie said Parliament, and having dread;

entered into any such agreement or commission, or part or share of

t Jk.4	3.2-5	any such contract, agreement, or commission, by himself, or by any
other person whatsoever in trust for him, or for his use or benefit, or
upon &is account, shall, after the comme&xnent of the next ~es$on of Parliament, continue to hold, execute, or. enjoy the same, or any part thereof, the seat of every such person in the said Parliament shall be and is hereby declared to be void: Provided that nothing
in this or thc preceding section shall be construed to extend to
persons contributing towards any loan for public purposes heretofore or hereafter authorized to be raised by the Parliament of the said Province, or the holders of any bonds issued in pursuance of any Act passed for the purpose of authorizing any such loan.

NO^ to extend to in-	3. Nothing herein contained shall extend or be construed to extend to any contract, agreement, or commission made, entered into, or accepted by any incorporated trading company in its cor- porate capacity, where suc5 incorporated company consists of more tban twenty persons, and where such contract, agreement, or com- mission shall be made, entered into, or accepted for the general benefit of such incorporated company, nor to any contract or agree- ment in respect of any lease, licence, or agreement in respect to the sale or occupation of any waste lands of the Crown, or Crown Lands.
corporat@ trading
cornpanlea.
Not to extend to con-	F-
traotu bp descent.	4. Nothing herein contained shall extend, or be construed to extend to any person on whom, after the passing of this Act, the completion of any contract, agreement, or commission shall devolve
by descent, or limitation, or by marriage, or as devisee, or legatee,
until twelve calendar months after he shall have bcen in possession of the same, or to any executor, or administrator, until three years after he shall have been in possession of the same.
Condition to be in-	5. In every such contract, agreement, or commission to be made, entered into, or accepted as aforesaid, thcre shall be inserted an express condition that no Member of the said Parliament be
eontraota.

/admitted to any share or part of such contract, aereement. or com- -

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l*;	mission, or to - any benefit to arise therefrom; and in case any
r4	person or persons who hath or have entered into or accepted, or who

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shall enter into or accept any such contract, agreement, or commis-

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l.+-;	admitting	Parliament	Memberaof	to ehare	aion, shall admit any Member or Members of the Parliament to any
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k	oftheir mntmta.	part or share thereof, or to receive any benefit thereby, all and every
such person and persons shall forfeit and pay the sum of Five
Q	r,	Hundred Pounds, to be recovered, with full costs of suit, by any
.5	person or persons who shall sue for the same in the Supreme Court,
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X	or in any other Court of competent jurisdiction. 6. If
33" VICTORIB, No. 19. 201

Contractors in Parliame)) t Act.-1 869-70.

6. If any person disabled or declared by this Act incapable to Penalty.

be elected, shall presume to sit or vote as a Member of either House$~~@fl a&-.

of the said P a r l i a m i i i u c h person so sitting or voting shall forfeit 3	S",	g4f
the sum of Five Hundred Pounds, to be recovered, with full costs -	P;;i (za
of suit, by any person or persons who shall sue for the same in the
Supreme Court or any other Court of competent jurisdiction.

7. No person shall be liable to any forfeiture or penalty inflicted Limitationaofactiom.

by this Act unless a prosecution shall be commenced within twelve

calendar months after such penalty or forfeiture shall be incurred.

I reserve this Bill for the signification of Her Majesty's

pleasure thereon.

JAMES FERGUSSON, Governor.

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W- P---

Adaelide: Printed br authority by W. C. Cox, Government Printer, North-torrace.