Municipalities Act 1923

PRELIMINARY

1 Interpretation and con struction

2 Savings for Dockyard Port Act 1905

MUNICIPAL AREAS

3 Municipal area of City of Hamilton; definition of ex pressions relating thereto

4 Municipal area of Town of St. George; definition of expressions relating thereto

5 Inclusion of foreshore en croachments in areas of the City of Hamilton and the Town of St. George

6 Deposit of plans of mu nicipal areas; evidence of municipal limits

CONSTITUTION AND STATUS OF MUNICIPAL CORPORA TIONS

7 Constitution of Corpora tions

8 Legal status of Corpora tions etc.

MUNICIPAL ELECTIONS

9 Election of Mayor, Alder men and Common Coun cillors

10 Electoral provisions con tained in the First Sched ule

11 Punishment for corrupt practices

12 Standing for election and voting of unqualified per sons

13 False statements etc.

14 Offences relating to ballot papers etc.

15 Misconduct at municipal election, etc.

16 Supplying intoxicating liquor by way of organized treating

GENERAL PROVISIONS AS TO THE MAYORS, ALDERMEN AND COMMON COUNCILLORS

17 Tenure of office

18 Qualifications and dis qualifications

19 Vacancies

HOLDINGS, ETC. OF REAL AND PERSONAL PROPERTY

20 Powers of Corporations with respect to real and personal property, etc.

21 Vesting of unsold land in municipal areas in Corpo rations

COMPULSORY ACQUISITION OF LAND

22 Powers of Corporations compulsorily to acquire land

MUNICIPAL RATES

23 General power of Corpo rations to levy rates

24 Appointment, powers, etc., of assessors to value rateable property

25 Assessment

26 Lien on property for rates

27 Power to assess occupier of real property in certain cases

28 Recovery of rates

29 Registration of property

30 Rating in relation to ex penditure

WHARFAGE AND PORT DUES

31 Power of Corporations to levy wharfage; payment of wharfage; lien on goods

32 Power of Corporations to levy port dues; liability for payment of port dues

33 Duties of masters, owners and agents of ships with respect to manifests, etc., of cargo

34 Removal of goods; pay ment of wharfage

35 Exemption of goods

36 Recovery of wharfage and port dues

POWERS OF CORPORATION WITH RESPECT TO BORROW ING

37 Limit on powers of Corpo rations to borrow money

CORPORATION ORDINANCES

38 Corporation Ordinances

SUPPLEMENTAL POWERS AND DUTIES OF CORPORATIONS

39 Power of Corporations to employ, etc., officers and employees

40 Power of Corporations with respect to building wharves, etc., on fore shores

41 Submission of annual statements of account

RESTRICTION ON CONSTRUC TION OF WOODEN BUILDINGS

42 Restriction on construc tion of wooden buildings

[19 June 1923]

[preamble and words of enactment omitted]

PRELIMINARY

Interpretation and construction

1 (1) In this Act, where not inconsistent with the context —

"annual rental value" means the rent at which a valuation unit might reasonably be expected to let from year to year if the tenant undertook to bear the cost of internal repairs, and the landlord to bear all other reasonable expenses necessary to maintain the valuation unit in a state to command that rent, but disregarding any element attributable to any tax or rates payable under this Act, the Land Valuation and Tax Act 1967 [title 14 item 31], or other statutory provision;

"business premises" means any valuation unit which is used for the purpose of —

(i) any business, trade, profession or industry; or

(ii) any activity carried on by any body of persons whether corporate or incorporate;

"Corporation" means the Corporation of Hamilton or, as the case may be, the Corporation of St. George's;

"Corporation of Hamilton" means the Mayor, Aldermen, and Common Council of the City of Hamilton;

"Corporation of St. George's" means the Mayor, Aldermen, and Common Council of the Town of St. George;

"dangerous commodity" includes —

(a) petroleum, rock oil, Rangoon oil, Burmah oil, benzine, petrol, naphtha, gasoline, and any oil made from petroleum, coal, schist, shale, peat, or any bituminous substance;

(b) every product of petroleum and of the substances men tioned in (a);

(d) any material, liquid, gas or chemical substance which is highly inflammable or readily combustible;

(e) any material liable to spontaneous heating or liable to emit dangerous fumes or gases;

(f) any radioactive substance;

"extraordinary municipal election" means a municipal election that is not an ordinary municipal election;

"goods" includes all kinds of goods, wares, merchandise, and livestock, except the agricultural products of Bermuda;

"joint owner" and "joint occupier" respectively include joint own ers or joint occupiers of a valuation unit (whether by virtue of a joint tenancy or a tenancy in common or otherwise howso ever);

"the Minister" means the Minister of Finance;

"the municipal area" means the municipal area for the time be ing of the City of Hamilton or the Town of St. George, as the case may be;

"municipal election" means either an ordinary municipal election or an extraordinary municipal election;

"municipal elector" means a person who has been registered as a municipal elector in accordance with Part II of the First Schedule;

"municipal register" means register for which provision is made in Part II of the First Schedule;

"nominee" means an individual appointed in accordance with Part II of the First Schedule to vote on behalf of a municipal elector;

"occupier" in relation to the imposition of a rate on any valuation unit means the person in beneficial occupation of that unit and where there is no such person the owner shall be deemed to be the occupier;

"off-street" parking means parking referred to in section 20(2)(b);

"on-street" parking means parking referred to in section 20(2)(c);

"ordinary municipal election" means a municipal election held under section 9(1);

"owner" in relation to the imposition of a rate on any valuation unit means the person who holds any freehold estate in a valuation unit, including a life estate (but excluding any per son who holds a future estate):

Provided that—

(i) where the valuation unit is —

(a) leased for a term certain of twenty-one years or more; or

(b) leased for a term certain of less than twenty-one years if the term thereof may be extended by the exercise of an option on the part of the lessee with out the consent of the lessor, so that the total term thereof is for twenty-one years or more,

(irrespective of how much of such term has expired) the owner of the unit shall be deemed to be the lessee under such lease and, if there is more than one such lease in respect of any valuation unit, the lessee for the shortest such term shall be deemed the owner of the unit;

(ii) where an estate less than freehold has been granted by the Crown the person whose interest is derived immedi ately from the Crown shall be deemed the owner of the valuation unit;

(iii) where a valuation unit is mortgaged the mortgagee, un less he is in possession, shall be deemed not to be the owner, and the mortgagor shall be deemed to hold the estate which he would hold upon redemption;

"rate" means any rate or assessment or tax which either Corpo ration is authorized or required under any Act past or future, to make, levy, or collect on real or personal property, in Hamilton or St. George's respectively;

"rate period" means the period in relation to which rates are as sessed by virtue of a rating Ordinance;

"rating Ordinance" means an Ordinance made under section 38 providing for the imposition of rates or for matters incidental thereto;

"to register" means to enter in the municipal register, and the grammatical variations of "to register" shall have corre sponding meanings;

"returning officer" means the official referred to in paragraph 20 of the First Schedule;

"secretary", in relation to a Corporation, means the Secretary;

"Senior Alderman" means the Alderman who has longest served as such, and in case of there being more than one of equal seniority in service, then the elder in age;

"ship" means every description of vessel used in navigation not propelled by oars;

"valuation unit" means any land, building or part of a building occupied or capable of beneficial occupation as a separate unit;

"vehicle" has the meaning assigned to that expression by section 1 of the Road Traffic Act 1947;

"wooden building" means any building within municipal areas, (other than such as may be especially excepted by this Act),
the exterior walls whereof, and the external covering of the roof whereof, do not consist either of stone or metal or other fireproof material or partly of stone and partly of metal or other fireproof material.

(2) In this Act, where not inconsistent with the context, any reference to a ship shall be construed as including a reference to an air craft.

(3) Any reference in this Act to the Parliamentary Election Act 1963 [repealed by the Parliamentary Election Act 1978] is a reference to that Act as in force on 1 January 1978.

(4) Where by this Act any obligation is imposed upon any per son as being the owner or occupier of any valuation unit and there is more than one such owner or occupier, as the case may be, each such owner or occupier shall be jointly and severally responsible to the mu nicipality for the performance of the obligation.

Savings for Dockyard Port Act 1905

2 Nothing contained in this Act shall curtail or affect any right or privilege vested in the Admiralty, the Governor or the Queen's Harbour Master, or any duty or obligation imposed on any person, by the Dock yard Port Act 1905.

MUNICIPAL AREAS

Municipal area of City of Hamilton; definition of expressions relating thereto

3 (1) The area of the City of Hamilton, so called in commemora tion of the Diamond Jubilee of the Reign of Her late Majesty Queen Vic toria, comprises one hundred and fifty-five acres or thereabouts marked by boundary stones and situate in Pembroke Parish on the northern side of Hamilton Harbour, and also certain lands and shores running west ward from the Front Street of the said City purchased by the Corporation of the said City from Solomon Sears Masters and others under an in denture bearing date the 22nd day of May, 1819, and from Samuel Saltus and another under an indenture bearing date the 14th day of July, 1868, and also White's Island in Hamilton Harbour.^*

(2) "Front Street", when used in any Ordinance of the Corpora tion of Hamilton, means the public highway in Hamilton bounded on the north by the northern edge of the pavement on the north side of Front Street, on the east by the eastern boundary line of the City of Hamilton, on the south as regards that portion which lies —

(a) between the eastern boundary line of the City of Hamil ton and the north-eastern corner of Shed No. 4 by the extreme southern limits of the roadway;

(b) between the north-eastern corner of Shed No. 4 and the western boundary line of the City of Hamilton by the northern line of concrete blocks running east and west, embedded in the roadway, the surface thereof being level with the roadway, and thence by a line drawn in a west erly direction from the most western of such blocks until it meets a point thirty-seven feet from the southern edge of the pavement at the south-eastern corner of Queen Street, and on the west by an imaginary line drawn in a southerly direction from the south-eastern corner of Queen Street to a point in the said line thirty-seven feet from the southern edge of the pavement on the northern side of Front Street.

(3) "the Port of Hamilton" means the wharves, quays, piers or other landing places, serving ships within Hamilton Harbour, belonging to or under the control of the Corporation of Hamilton and includes the dock area adjacent thereto comprising the buildings and other structures providing facilities for passenger traffic, the handling, storage and clear ance of cargo and services ancillary thereto, within the municipal boundaries of the Corporation of Hamilton and belonging to or under the control of that Corporation.

(4) "Hamilton Harbour" means all the sea to the eastward of Ports Island and from high water mark on the shores of Pembroke Parish on the north to high water mark on the shores of Paget and Warwick Parishes on the south.

Municipal area of Town of St. George; definition of expressions relat ing thereto

4 (1) The limits of the Town of St. George shall extend from the westernmost line of the glebe land to the easternmost line of land for merly of Edwin Stone Burch, Esquire, afterwards of the Honourable A.F. Cockrane, Esquire, and shall include Ordnance Island and the causeway connecting Ordnance Island to St. George's Island.

(2) "the Port of St. George's" means the wharves, quays, piers or other landing places, serving ships within St. George's Harbour, be-

longing to or under the control of the Corporation of St. George's and in cludes the dock area adjacent thereto comprising the buildings and other structures providing facilities for passenger traffic, the handling, storage and clearance of cargo and services ancillary thereto, within the munici pal boundaries of the Corporation of St. George's and belonging to or un der the control of that Corporation.

(3) "St. George's Harbour" means all the sea from the eastern extremity of St. David's Island to the western extremity of St. George's Island, and as far west as Tucker's Town and Walsingham, and extend ing on the north as far as high water mark on the southern shores of St. George's Island and southwardly as far south as Castle Island, but ex cludes the area of water at Convict Bay reserved by the Crown for the mooring of Ministry of Defence craft.

Inclusion of foreshore encroachments in areas of the City of Hamil ton and the Town of St. George

5 (1) The area of the City of Hamilton shall extend to include all foreshore encroachments in Hamilton Harbour which are now or here after become contiguous to or attached to property comprising part of that municipal area.

(2) The area of the Town of St. George shall extend to include all foreshore encroachments in the waters surrounding that Town which are now or hereafter become contiguous to or attached to property com prising part of that municipal area.

Deposit of plans of municipal areas; evidence of municipal limits

6 Within six months after the passing of this Act, the Corporations of Hamilton and St. George's respectively shall each deposit in the Reg istry of the Supreme Court, for public information and reference, a map or plan of the municipal area of Hamilton and St. George's respectively, and such map or plan shall be certified under the hand of the Mayor and the seal of the Corporation so depositing the same, to be correct, and such map shall be prima facie evidence in all courts as to the extent, po sition and boundaries of municipal limits.

CONSTITUTION AND STATUS OF MUNICIPAL CORPORATIONS

Constitution of Corporations

7 (1) The Corporations of Hamilton and St. George's shall each consist of a Mayor, three Aldermen and five Common Councillors.

(2) The Mayors and Aldermen for the time being shall be ex of ficio Justices of the Peace for their respective municipalities, but shall not exercise any judicial functions in any cause or matter wherein the Cor poration of which such Justice is a member is a party.

(3) Whenever either Mayor is, by reason of absence from Bermuda, illness or accident, absent from any meeting of the Corpora tion, or unable to or incapacitated from calling any such meeting, or from doing any act, or executing or signing any deed, instrument or writing, or discharging any other duty, requiring the act, execution or signature of the Mayor, it shall be lawful for the Senior Alderman of the Municipality concerned in Bermuda or present at such meeting, to call or preside at such meeting, and to perform every act, and execute and sign every deed, instrument or writing on the part of the Mayor, and dis charge every duty pertaining to the office of Mayor, as fully, validly and effectually to all intents and purposes as the Mayor could do if personally present and acting; and all acts done and all ordinances, deeds and in struments purporting to be executed or signed by such Senior Alderman acting as Mayor shall be of the like force, validity and effect as if exe cuted or signed by the Mayor:

Provided that such execution or signature must be attested by the Secretary of the Corporation.

(4) The Senior Alderman acting as Mayor shall whenever he signs as such add after his signature the words "Senior Alderman acting as Mayor".

(5) Any Senior Alderman acting as Mayor at any Corporation meeting shall not by reason of his so acting be deprived of his status and vote as Alderman.

(6) Every Mayor, Alderman and Common Councillor elect, be fore assuming the duties of his office, shall be sworn before any Justice of the Peace in the form prescribed for the judicial oath within the meaning of the Promissory Oaths Act 1969 [title 2 item 21].

(7) No act or resolution of a Corporation shall be valid unless it is assented to by not less than two Aldermen and by the Mayor.

(8) The Mayor, two Aldermen, and not less than two Common Councillors shall be a quorum for the transaction of business at a Corpo ration meeting.

Legal status of Corporations etc.

8 The Corporations of Hamilton and St. George's and their succes sors in office shall be bodies corporate under the names of "The Corpo ration of Hamilton" and "The Corporation of St. George's" respectively, and shall have perpetual succession, with power to sue and liability to be sued under the aforesaid names and to have and use common seals

re spectively, with power to renew, vary or change the same as either such Corporation may from time to time determine.

MUNICIPAL ELECTIONS

Election of Mayor, Aldermen and Common Councillors

9 (1) In 1979 and in every third calendar year thereafter an ordi nary municipal election shall be held for the election of the Mayor, Al dermen and Common Councillors of each Corporation.

(2) Where a vacancy occurs in the office of Mayor or of an Al derman or Common Councillor, an extraordinary municipal election shall be held to fill the vacancy:

Provided that such a vacancy shall not be filled if it occurs after notice has been given, under paragraph 21 of the First Schedule, of an ordinary municipal election.

(3) Elections shall be held on such day as the Corporation may determine.

Electoral provisions contained in the First Schedule

10 The First Schedule shall have effect as follows —

(a) Part I determines the persons qualified for registration;

(b) Part II governs the registration of persons qualified un der Part I;

(d) Part IV prescribes the procedure for challenging the re sult of an election by the presentation of an election pe tition in the Supreme Court, and specifies the powers of the Court in relation to election petitions.

Punishment for corrupt practices

11 (1) Any person who during or in connection with any municipal election commits any corrupt practice commits an offence:

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $12,000 or both such imprisonment and fine.

(2) In addition to any punishment that may be imposed under subsection (1), a person convicted under that subsection of a corrupt practice shall, for the period of six years beginning with the date of his conviction, be disqualified

(a) for voting at a municipal election as a municipal elector or as the nominee of a municipal elector; or

(b) for being elected Mayor or an Alderman or Common Councillor of either Corporation,

and if on the day of his conviction he holds office as Mayor or as an Al derman or Common Councillor, he shall cease to hold that office on the expiration of that day.

(3) In this section "corrupt practice" means an act during or in connection with a municipal election which if committed during or in connection with a parliamentary election would be bribery or undue in fluence as defined in sections 59 and 60 of the Parliamentary Election Act 1963 [repealed].

Standing for election and voting of unqualified persons

12 (1) Any person —

(a) who, not being qualified under this Act to be elected at a municipal election and knowing that he is not so quali fied, allows himself to be nominated as a candidate or to be elected at the election; or

(b) who, not being entitled under this Act to vote at a mu nicipal election as a municipal elector or as the nominee of a municipal elector and knowing that he is not so en titled, votes at the election,

commits an offence:

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $12,000 or both such imprisonment and fine.

(2) In addition to any punishment that may be imposed under subsection (1), a person convicted of an offence under that subsection shall, for the period of six years beginning with the date of his conviction, be disqualified —

(a) for voting at a municipal election as a municipal elector or as the nominee of a municipal elector; or

(b) for being elected Mayor or an Alderman or Common Councillor of either Corporation,

and if on the day of his conviction he holds office as Mayor or an Alder-

man or Common Councillor, he shall cease to hold that office on the ex piration of that day.

False statements etc.

13 Any person —

(a) who, whether orally or in writing and whether on oath or not, makes any statement, or furnishes any information, to the secretary, being a statement or information mate rial to the registration or intended registration of himself or any other person in a municipal register, and being a statement or information which he knows to be false in a material particular; or

(b) who, in making a declaration under section 47 of the Parliamentary Election Act 1963 [repealed] as read with paragraph 28(2)(i) of the First Schedule to this Act, knowingly makes a false declaration,

commits an offence:

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $12,000 or both such imprisonment and fine.

Offences relating to ballot papers etc.

14 (1) Any person —

(a) who forges or fraudulently defaces or destroys any nomination paper, or delivers to the returning officer any nomination paper, knowing it to be forged; or

(b) who forges or counterfeits or fraudulently defaces or de stroys any ballot paper, or the returning officer's initials or the official mark on any ballot paper, or makes any unauthorized use of the instrument for impressing the official mark or uses any imitation of that instrument or any other unauthorized instrument on a ballot paper; or

(d) who fraudulently puts into any ballot box any paper other than the ballot paper which he is authorized by law to put in; or

(e) who fraudulently takes out of the polling place any ballot paper; or

(f) who without due authority opens, takes or destroys, or otherwise interferes with, any ballot box or ballot paper then in use for the purpose of a municipal election,

commits an offence:

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $12,000 or both such imprisonment and fine.

(2) An attempt to commit an offence referred to in subsection (1) shall itself be an offence, and may be proceeded against and punished in the same manner as the offence itself.

(3) In any charge for an offence in relation to any nomination paper, ballot paper or ballot box, the property in the paper or box may be stated to be in the returning officer.

Misconduct at municipal election, etc.

15 Any person —

(a) who at any municipal election —

(i) in or about the place of election behaves in a vi olent, offensive or disorderly manner, or improp erly disturbs or impedes the proceedings; or

(ii) interferes with a voter who is engaged in voting in the polling place; or

(iii) obtains or attempts to obtain in the place of election information as to any candidate for whom a voter is about to vote or has voted; or

(iv) directly or indirectly induces or attempts to in duce any voter to display his ballot paper so as to show the name of any candidate for whom the voter has voted; or

(b) who in the course of any proceedings before the return ing officer behaves in a violent, offensive or disorderly manner, or improperly disturbs or impedes the transac tion of business,

commits an offence:

Punishment on summary conviction: imprisonment for 1 year or a fine of $6,000 or both such imprisonment and fine.

Supplying intoxicating liquor by way of organized treating

16 (1) Any person who on the polling day and before the closing of the poll at any municipal election, by himself or with others, gives or provides by way of organized treating, or pays wholly or in part the ex pense of giving or providing by way of organized treating, any intoxicating liquor for consumption by municipal electors in connection with the holding of the municipal election, commits an offence:

Punishment on summary conviction: a fine of $6,000.

(2) In this section "organized treating" means the giving or pro viding of intoxicating liquor without charge, or at a reduced or unduly small charge, to the persons consuming the liquor, under some ar rangement which but for the election would not have been made.

GENERAL PROVISIONS AS TO THE MAYORS, ALDERMEN AND COM MON COUNCILLORS

Tenure of office

17 (1) Subject to this Act, the Mayor, Aldermen and Common Councillors of either Corporation shall hold office from the date of their election until the declaration of the results of the next ordinary munici pal election.

(2) A person elected Mayor or an Alderman or Common Coun cillor shall not be disqualified by reason of such election for being again elected, or nominated for election, as Mayor or an Alderman or Common Councillor.

(3) The Mayor or an Alderman or Common Councillor may at any time resign his office by giving notice of resignation in accordance with subsection (4).

(4) A notice of resignation shall be in writing delivered, in the case of the Mayor, to the secretary and, in the case of an Alderman or Common Councillor, to the Mayor, and shall take effect on the date of its delivery or upon such later date as may be specified in the notice.

Qualifications and dis qualifications

18 (1) A person shall, unless disqualified by virtue of this Act or other statutory provision, be qualified for nomination as a candidate in an election for the office of Mayor or an Alderman or Common Councillor if he is entitled to be registered and is in fact registered as a municipal elector for the Corporation where the election takes place or as the nominee of such an elector.

(2) A person shall be disqualified for being elected or being nominated for election or holding office as Mayor or as an Alderman or Common Councillor if he —

(a) has been adjudged or otherwise declared bankrupt un der any law in force in Bermuda and has not been dis charged; or

(b) is in prison or detained in a senior training school, or (unless he has been granted a free pardon or has been granted remission under section 10 of the Prisons Act 1979 [title 10 item 32]) is under sentence to a term of imprisonment or preventive detention or corrective training which has not yet expired, whether or not he is at large on licence; or

(c) is a person who is suffering from mental disorder within the meaning of the Mental Health Act 1968 [title 11 item 36] or is other wise a person adjudged under any statu tory provision to be of unsound mind; or

(d) is disqualified for being so elected or nominated or for holding such office by virtue of any statutory provision by reason of his having been convicted of any offence relating to elections.

(3) The acts and proceedings of any person elected Mayor an Alderman or Common Councillor under the provisions of this Act and acting as such shall, notwithstanding his want of qualification or his dis qualification, be as valid and effectual as if he had been qualified.

Vacancies

19 (1) The Mayor or any Alderman or Common Councillor shall cease to hold office as Mayor, Alderman or Common Councillor as the case may be in any of the following events —

(a) upon becoming disqualified for holding office by reason of section 18(2);

(b) upon ceasing to be a municipal elector or the nominee of such an elector in the municipal area in which he is Mayor, Alderman or Common Councillor;

tion 17(3) and (4);

(d) if he is absent from Bermuda for a period in excess of three consecutive months;

(e) if he fails throughout a period of three consecutive months to attend any meeting of the Corporation, unless the failure was due to some reason approved by the Cor poration prior to the end of such period.

(2) Where the Mayor or an Alderman or Common Councillor —

(a) ceases to be Mayor, Alderman or Common Councillor by reason of anything in subsection (1); or

(b) dies; or

the secretary, in the case of the Mayor, and the Mayor in any other case, shall forthwith by notice published in the Gazette declare the office to be vacant.

HOLDINGS, ETC., OF REAL AND PERSONAL PROPERTY

Powers of Corporations with respect to real and personal property, etc.

20 (1) The Corporations of Hamilton and St. George's, respectively, are hereby empowered—

(a) to purchase, take, hold, mortgage, pledge, deal with and dispose of, at their own will and pleasure, all manner of goods, chattels and other personal property; and

(b) to purchase, take, hold, receive and enjoy, and to give, grant, release, demise, assign, sell, mortgage or otherwise dispose of and convey by deed under the seal of the Corporation, any land in Bermuda, in fee simple or for a term of life or lives or years or in any other manner.

(2) The Corporations of Hamilton and St. George's, respectively, are hereby empowered, subject to the provisions of this Act and to any other enactment passed before or after the coming into operation of this Act—

(a) to build, construct, erect or cause to be built, constructed or erected, any building, or to carry out any works upon any land owned by, or under the control of, the Corporation, where such works are calculated to facilitate or is conducive or incidental to the discharge of any function of the Corporation;

(b) to provide off-street parking—

(i) whether within the municipal area or otherwise; and

(ii) whether or not consisting of or including buildings,

together with means of entrance and egress from such off-street parking; and

[Section 20 substituted by 1995:37 effective 14 July 1995]

Vesting of unsold land in municipal areas in Corpo rations

21 (1) The seisin in all lands, lots of land, tenements and heredi taments within the limits of both municipalities which have not since the incorporation of Hamilton and St. George's respectively been sold and conveyed to private owners is hereby declared to be vested in the Corpo rations of the respective municipalities in which such lands and heredi taments are situate, for the use, benefit and behoof of the said munici palities respectively.

(2) The seisin in all lands, lots of land, tenements and heredi taments within the limits of both municipalities which have remained unoccupied and unclaimed for twenty years and upwards and shall so remain within five years after the coming into operation of this Act shall be vested in the Corporations of the respective municipalities in which such lands and hereditaments are situate for the use and benefit of the said municipalities:

Provided that this subsection shall not apply—

(a) to any person who has any claim to any lands or hered itaments in reversion or remainder; or

(b) to any person non compos mentis, infant, imprisoned, or beyond the seas.

COMPULSORY ACQUISITION OF LAND

Powers of Corporations compulsorily to acquire land

22 (1) The Corporations of Hamilton and St. George's shall have
the like powers for taking up any land within their respective municipal ities which may be required for the purpose of widening any of the public streets, lanes or alleys in such municipalities as are conferred upon the Government for acquiring land under the Acquisition of Land Act 1970 [title 19 item 2]; and the provisions of the Acquisition of Land Act 1970 shall apply, mu tatis mutandis, to any taking up of land by either Corpo ration under this Act.

(2) In construing those provisions of the Acquisition of Land Act 1970 made applicable by subsection (1) to expropriation proceedings under this Act, the following substitutions shall apply —

(a) "the Corporation concerned" shall be substituted for "the Government", "the Minister", "the Accountant General", "the Consolidated Fund", and (except where grants of the Crown are concerned) "the Crown"; and

(b) "the legal adviser to the Corporation concerned" shall be substituted for "the Attorney-General".

MUNICIPAL RATES

General power of Corpo rations to levy rates

23 (1) The Corporations of Hamilton and St. George's may levy and collect annually rates on valuation units within the limits of Hamil ton and St. George's respectively, for all or any of the following pur poses—

(a) the maintenance of any force of security guards, traffic wardens or watchmen for duty within the municipal area;

(b) the maintenance of a Fire Brigade including the acquisi tion and care of all necessary fire extinguishing appara tus and for payments in respect of any Government-op erated Fire Brigade where used in part or in whole for the protection of property within the municipal area;

(c) sanitation or health purposes of all kinds including sew erage disposal and garbage collection, whether within or outside the municipal area;

(d) the construction, maintenance, upkeep and renewal of any municipal sewerage, drainage or water system;

(e) the widening, improvement, lighting and maintenance of any street, alley, lane, wharf, landing place, park or other amenity within the municipal area;

(ee)for the construction, maintenance, upkeep and renewal of off-street parking;

(f) such municipal purposes, being purposes of an extraor dinary nature, as the Minister may in any particular case approve;

(g) any other purpose which is incidental to the general ad ministration of the municipal area in accordance with this Act.

(2) Rates shall be levied by means of a rating Ordinance.

(3) Any such rate shall be assessed on the annual rental value of the valuation unit to which the rate relates and may, in relation to a valuation unit, be of either or both of the following kinds —

(a) an owner's rate, that is to say, a rate to be paid by the owner of the unit;

(b) an occupier's rate, that is to say, a rate to be paid by the person who at the commencement of the rate period is the occupier of the unit (whether or not he is also its owner).

(4) Rates imposed under this section shall not be payable on any valuation unit exempted by any rating Ordinance from the payment of such rates.

(5) A Corporation may provide in a rating Ordinance for differ ent levels of assessment in respect of such different classes of valuation units as are respectively specified in the Ordinance and, in particular, may provide in such an Ordinance, in respect of valuation units that are business premises, for rates to be imposed under either paragraph (a) or paragraph (b) of subsection (3) (or both those paragraphs) that are higher than or lower than rates that are so imposed in respect of valuation units that are not business premises.

(6) Nothing in section 38(3)(d) shall apply to a rating Ordinance but a rating Ordinance purporting to levy a rate greater than ten per centum of annual rental value shall, before coming into operation, be subject to confirmation by the Minister.

(7) A rating Ordinance —

(a) may provide for —

(i) the total or partial exemption from rates or the deferment of the payment thereof in the case of persons of impoverished condition;

shall have the following powers —

(a) to require any person to produce for their inspection any books, papers or documents relating to the ownership, occupation or value of any valuation unit;

(b) to enter upon any premises liable to be assessed for the purpose of making a valuation of such premises:

Provided that before entering on premises the assessors shall serve on the owner or occupier thereof at least five clear days' notice in writing of their intention to enter upon such premises for such purpose;

(c) the notice shall specify the day and time at which the assessors intend to enter upon premises, and no such entry shall be made except between the hours of 10 a.m. and 4 p.m. nor upon any Sunday or other public holi day;

(d) the notice shall be deemed to be sufficiently served if de livered personally to the owner or occupier of such premises or left for him at his usual or last known place of residence, or at his last place of business, in Bermuda, or sent by post in a prepaid registered letter properly addressed to him at his usual or last known place of residence or at his place of business in Bermuda or, in case of his absence from Bermuda, if delivered or sent by post in a prepaid registered letter properly ad dressed to his known agent in Bermuda;

(e) in proving service by post it shall be sufficient to prove that the letter containing the notice was properly ad dressed, registered, prepaid and posted.

(3) Any person —

(a) who refuses to produce any books, papers or documents relative to any assessable valuation unit in his posses sion when required to do so by the assessors; or

(b) who refuses to answer any question relating to the own ership or value of any assessable valuation unit; or

(d) who wilfully gives to the assessors false information rel ative to any assessable valuation unit,

commits an offence against this Act.

(4) Notwithstanding subsection (1), where a valuation unit for the purposes of any rate is the same as a valuation unit for the purposes of the Land Valuation and Tax Act 1967 [title 14 item 31], the valuation of the unit under that Act at the time of the assessment under this section shall be deemed to be the valuation of the unit for the purposes of this section unless the assessors determine otherwise.

(5) In the exercise of their functions under this section the as sessors may treat any series or complex of valuation units as a single valuation unit:

Provided that the assessors shall not exercise their discretion under this subsection where such combination would result in any in crease in the liability for any rate payable under this Act.

Assessment

25 (1) The assessment made by the assessors shall be entered in a book to be provided and kept for the purpose and shall be signed by the assessors as being correct, and delivered to the Corporation.

(2) Before the assessment is finally adopted by the Corporation, notice of the making thereof shall be published in the Gazette and one other newspaper, if such there be, published in Bermuda, fixing a time not less than fifteen days during which the assessment shall remain open for the inspection of any person liable to assessment.

(3) (a) If any person so liable to be assessed is dissatisfied with the value at which any of his property is assessed, he may at any time during which the assessment remains open for inspection apply in writ ing to the Corporation concerned for a revision of such assessment;

(b) if the assessment is not revised by the Corporation to the satisfaction of such person, he may at any time within one month after the expiration of such inspection period apply to any magistrate for a further revision thereof;

(c) such magistrate may issue a summons to the Corpora tion to appear before him to show cause why such as sessment, or the question whether the property in ques-

tion is liable to assessment, as the case may be, should not be revised;

(d) on the hearing the magistrate shall, after hearing such evidence as may be submitted to him in the matter, de termine the amount of such assessment and make such order as to the costs of the proceedings as he deems ex pedient; and

(e) such proceedings shall as far as practicable be con ducted in like manner as a civil case heard under the Magistrates Act 1948 [title 8 item 15], and the like costs shall be payable.

Lien on property for rates

26 Municipal rates shall, notwithstanding any trust, mortgage, con veyance, bill of sale, devise or bequest, be a charge or lien on the prop erty in respect of which such rate was levied and on all other real and personal property of the ratepayer within the municipality concerned ranking next after any parish rates due thereon.

Power to assess occupier of real property in certain cases

27 Any person in possession, occupation, or charge of any real property may be assessed in respect thereof instead of the owner in all cases in which —

(a) the owner, or in the case of several owners any of the owners, of such property is absent from Bermuda;

(b) it is not certainly known to the Corporation who the owner of such property may be;

(d) the property is registered in the Corporation books as the property of the estate of a deceased person;

(e) the person registered as the owner satisfies the Corpo ration that he has parted with, disposed of, or ceased to be the owner of, such property;

(f) in the case of leaseholds when the owner by notice to the Corporation satisfies the Corporation that the lessee has agreed to pay municipal rates:

Provided that nothing herein contained shall be construed to ex onerate from liability to such assessment any person who but for this Act would be liable for such assessment.

Recovery of rates

28 (1) Any rate shall be deemed to be a simple contract debt and may be sued for and recovered with costs, in the name of the Corpora tion concerned, by any person authorized by the Corporation for the purpose in the manner provided for the recovery of a debt or liquidated demand by the Magistrates Act 1948 [title 8 item 15], or may be sued for and recovered in the Supreme Court.

(2) A certificate in writing under the hand of the Mayor of the municipality concerned shall in any suit for the recovery of any rate be prima facie evidence that such rate was lawfully made and that the amount claimed is payable by the person against whom the claim is brought.

(3) When two or more rates are payable by the same person, they may be sued for and recovered in the same action, and in that event such two or more rates shall be treated as one rate.

Registration of property

29 (1) Any person who acquires a freehold estate (except by way of mortgage) in any land within either municipality shall give written notice thereof to the Corporation of the municipality concerned within three months after such acquisition, and such notice shall contain a descrip tion of the land acquired.

(2) Any person who sells or disposes of any freehold estate in any land within either municipality shall give written notice thereof to the Corporation of the municipality concerned within three months after such sale or disposal, and such notice shall contain a description of the land sold or disposed of.

(3) This section shall extend to the acquisition of any estate or interest in any real property by any person who thereby becomes liable, as owner or occupier thereof, to the payment of any rate, as they do to the acquisition of a freehold estate:

Provided that where a person becomes so liable as an occupier by reason of any lease or other grant of rights of occupancy the duty to give written notice to the Corporation in accordance with this section shall be imposed on the lessor or other person making the grant and not on the person who becomes so liable as an occupier.

(4) Any person who fails to give the notice required of him by this section within the requisite time commits an offence against this
Act.

Rating in relation to ex penditure

30 (1) The rate made for or in respect of any year may cover ex penditure for the purpose for which such rate is authorized for the por tion of the year prior to the date at which such rate was made and also the estimated expenditure for the portion of the year subsequent to such date and may in any case in which a rate is authorized for any purpose other than annual expenditure, include a sum for or towards such pur pose:

Provided that nothing herein contained shall be construed so as to permit a larger sum being raised in any year by any rate than is al lowed by the Act under which the rate is authorized.

(2) If the amount collected by the Corporation under any rate made for or in respect of any year proves insufficient to meet the expen diture for which such rate was made, the rate for or in respect of the next year may include a sum sufficient to meet the deficiency:

Provided that the total amount raised by the rate in either of such years shall not exceed the maximum amount authorized by the Act under which the rate is made.

(3) If the amount collected by the Corporation under any rate made for or in respect of any year proves more than sufficient to meet the expenditure for which such rate was made, the unexpended portion of the amount collected shall be carried forward to the next year and shall be taken into account in determining the amount to be raised by a similar rate for such year.

WHARFAGE AND PORT DUES

Power of Corporations to levy wharfage; payment of wharfage; lien on goods

31 (1) The Corporations of Hamilton and St. George's may levy and collect wharfage on all goods imported into and exported from the respective Ports of Hamilton and St. George's.

(2) The wharfage on imported goods shall be paid by the im porter or consignee, and that on exported goods by the shipper.

(3) The Corporation within or from whose Port such goods are imported or exported shall have a lien on the goods for all wharfage payable in respect of such goods, or any part thereof, and may prevent the removal or shipment of such goods, or any part thereof, until all wharfage payable in respect thereof has been paid.

Power of Corporations to levy port dues; liability for payment of port dues

32 (1) The Corporations of Hamilton and St. George's may levy and collect port dues in respect of every ship lying at, or moored to any Corporation wharf in their respective areas, or loading or unloading goods from or into, or discharging or taking on passengers from or into any other ship, vessel or lighter, or at any wharf or shore in either Port in Bermuda.

(2) The master of any such ship, and the agent entering such ship on her arrival in Bermuda, shall be liable for the port dues payable in respect of such ship.

Duties of masters, owners and agents of ships with respect to mani fests, etc., of cargo

33 (1) (a) The master, owner or agent of every ship arriving at the Port of Hamilton or the Port of St. George's shall, within one hour after the ship has been entered, deliver to the Corporation of the Port where any cargo is intended to be landed a copy of the manifest of all such goods with the marks, numbers and descriptions of all such pack ages and the names of the consignees so far as such particulars are known to such master, owner or agent;

(b) the person delivering the manifest shall make and sub scribe a declaration that such manifest contains a true account of the cargo intended to be landed at such Port; and

(c) if the master, owner or agent does not deliver the mani fest within the time required by this subsection, or deliv ers a false manifest, he commits an offence against this Act:

Provided that whenever the master, owner or agent of any ship makes it appear to the satisfaction of the Corporation that he cannot (for want of sufficient information) specify all the particulars required by this subsection the Corporation may dispense with such particulars if in the judgment of the Corporations such particulars cannot be obtained or furnished.

(2) (a) The owner or agent of every ship bound from Bermuda shall within twenty-four hours after such ship departs deliver to the Corporation of the Port of departure a manifest of all goods shipped from such Port with the

number and description of all packages shipped and the names of the shippers so far as such particulars are known to the owner or agent;

(b) the person delivering the manifest shall make and sub scribe a declaration that the manifest contains a true account of such cargo; and

(c) if the owner or agent does not deliver that manifest within the time required by this subsection or delivers a false manifest, he commits an offence against this Act.

Removal of goods; pay ment of wharfage

34 (1) The importer or consignee of any goods imported into the respective Ports of Hamilton and St. George's shall not without the writ ten permission of the Corporation to whom any wharfage is payable re move or permit or allow the goods to be removed until the wharfage due thereon has been paid.

(2) Nothing in this Act shall prevent the master, owner or agent of any ship on which any goods have been imported into the respective Ports of Hamilton and St. George's from removing the goods to any ware house approved by the Corporation before the goods have been delivered to the importer or consignee:

Provided that if for any cause the goods so removed are sold by the master, owner or agent the proceeds of such sale shall be applied first in the payment of freight and charges, next of duties. next of wharfage, and the overplus (if any) shall be paid to the proprietor of the goods or to any other person authorized to receive the same.

(3) The shipper of any goods exported from the respective Ports of Hamilton and St. George's shall pay the wharfage due thereon within forty-eight hours after the ship departs.

(4) Any person who fails to comply with this section commits an offence against this Act.

(5) Nothing in this section shall prevent the Corporation con cerned from suing for or recovering with costs any unpaid wharfage un der section 36.

Exemption of goods

35 Goods imported into or exported from the respective Ports of Hamilton and St. George's by the Government or by Her Majesty Forces and bona fide the property of Her Majesty or of any consular officer of any foreign country which accords similar privileges to Her Majesty's diplomatic and consular officers on satisfactory proof being furnished to that effect shall be exempt from section 34.

Recovery of wharfage and port dues

36 (1) Wharfage or port dues payable to either Corporation under any provision of law may be sued for and recovered with costs in the name of the Corporation concerned by any person authorized by such Corporation before a court of summary jurisdiction without limit of amount in the manner provided by the Magistrates Act 1948 [title 8 item 15].

(2) A certificate in writing under the hand of the Mayor of the municipality concerned in any suit for the recovery of wharfage or port dues, shall be prima facie evidence that the amount of wharfage or port dues charged is in accordance with the rates for the time being in force.

POWERS OF CORPORATION WITH RESPECT TO BORROWING

Limit on powers of Corpo rations to borrow money

37 (1) The Corporations of Hamilton and St. George's respectively shall not borrow, receive or hold upon loan any sums exclusive of any sums which the Legislature has authorized or shall authorize either of such Corporations to borrow for specific purposes, in the whole exceed ing at one time —

(a) in the case of the Corporation of Hamilton, twenty million dollars; or

(b) in the case of the Corporation of St. George's, one million dollars.

(1A) Notwithstanding subsections (2) to (4), but subject to subsection (1), where the Minister considers it appropriate, the Corporations of Hamilton and St. George's, respectively, may raise money by the issue of bonds—

(a) secured in such manner and to such extent as the Minister may, prior to such issue, authorize; and

(b) subject to such conditions as the Minister may specify, including a condition requiring the establishment of a Sinking Fund, other than the Sinking Fund referred to in subsection (2), for the purpose of such issue.

(2) Each Corporation shall at such time in each year after the passing of this Act as may be fixed by the Corporation, and during the continuance of any Corporation loan, appropriate out of the Corporation revenue, a sum equal to at least three per cent of the total amount of the Corporation loans for the time being as an annual contribution to the
Sinking Fund.

(3) The Sinking Fund shall be appropriated by the Corporation as follows —

(a) in the purchase of any debentures which, at the time when the annual appropriation is made or shortly there after, can be purchased at a price not exceeding the par value thereof, which debentures shall thereupon be can celled;

(b) in the redemption of debentures on the respective dates therein specified for payment thereof;

(c) so much of the Sinking Fund as has not been applied as aforesaid shall be invested by the Corporation in such debentures, stocks, shares, or other securities as may from time to time be approved by the Minister for the investment of the Sinking Fund, and the Corporation shall have power from time to time to vary such invest ments for other investments approved as aforesaid;

(d) all dividends and interest on such investments shall be appropriated by the Corporation to the Sinking Fund, and as far as practicable invested in like manner, and accumulated at compound interest.

(4) If at any date specified in any debenture for payment thereof the Sinking Fund is insufficient to redeem such debenture, the Corporation shall make up the deficiency out of any moneys at their dis posal available for such purpose; and if there are no such moneys or if such moneys are insufficient for such purpose, the Corporation shall raise by an equal rate (to be termed "debenture redemption tax"), on all real and personal property within municipal limits such sum of money as is necessary to make up the said deficiency after taking into account such other moneys (if any), at the disposal of the Corporation as are available to meet such deficiency.

[Section 37 amended by 1994:26 effective 18 July 1994; and by 1995:37 effective 14 July 1995]

CORPORATION ORDINANCES

Corporation Ordinances

38 (1) The making, amendment from time to time, and revocation, of Ordinances by either Corporation for all or any of the purposes, and subject to the conditions, mentioned in this section, are hereby autho rized.

(2) The purposes for which Ordinances may provide are—

(a) the regulation of the use of such wharves, piers and landing-places, within municipal areas as are not bona fide the property of the Government or of the Govern ment of the United Kingdom, or private property;

(b) the regulation of the use of any shed or building erected upon any such wharf, pier or landing-place within mu nicipal areas;

(bb) the regulation and control of off-street and on-street parking;

(c) the control, maintenance, repair and lighting of all streets and highways within municipal areas, and the control of vehicular and pedestrian traffic thereon;

(d) the upkeep, maintenance, repair and service of fire en gines or other fire extinguishing apparatus, and the maintenance, control and discipline of Fire Brigades;

(e) the general control of markets, fairs, pedlars, hawkers and vendors in public, of goods within municipal areas;

(f) the regulation of all aspects of building and building op erations and the condemnation, demolition and removal of dangerous, sub-standard or unsightly structures;

(g) the maintenance and use of a sufficient water supply;

(h) the establishment and maintenance of plant and ma chinery for supplying any artificial light supplied by such Corporation;

(i) the control and supervision of theatres, dance halls, concerts, public exhibitions, entertainments and perfor mances, and of the erection of any building intended to be used therefor;

(j) the regulation or prohibition of dangerous or unhealthy trades or practices and the regulation or prohibition of the shipment, handling, use, storage, transfer and landing within municipal limits of any dangerous com modity or any commodity which constitutes or is likely to constitute a nuisance;

(k) the precautions to be taken for the prevention of fire and for the protection of lives and safety of persons in case of fire and the regulation of the type and nature of heating appliances or fire extinguishers to be used and
the mea sures to be taken in respect of such fire extinguishers and the action to be taken to investigate the cause of fires, within municipal limits;

(l) the inspection of any building or premises and requiring the rectification therein or the removal therefrom of any condition or thing which may constitute a danger from fire to life or property;

(m) the regulation of the use of any of the following whether within or without the municipal area, if owned or con trolled by the Corporation making such Ordinances, that is to say, parks, gardens, buildings, lands, wharves and landing-places;

(n) the levying for all or any of the purposes mentioned in this Act of any rate on valuation units, within municipal areas, or any charge, tax or toll for the use by the public of any real property, fixture or chattel vested in or sub jected to the control of either Corporation or for off-street or on-street parking, or any wharfage on any goods or port dues on ships;

(o) the levying and recovery of any shed tax on all agricul tural produce of Bermuda shipped from the respective Ports of Hamilton and St. George's;

(p) subject to the Advertisement Regulation Act 1911 [title 20 item 9], the control of all forms of advertising which can be heard or seen by any person in a public place.

(3) The conditions subject whereto Ordinances may be made are as follows —

(a) Ordinances shall not be repugnant to any Act;

(b) Ordinances shall be passed by a majority of the Com mon Council and by a majority of the Aldermen and shall be assented to by the Mayor;

(d) the affirmative resolution procedure shall apply to any Ordinance levying port dues on ships or wharfage on goods, shed tax, tax, assessment, charge or toll.

[Section 38 amended by 1995:37 effective 14 July 1995]

SUPPLEMENTAL POWERS AND DUTIES OF CORPORATIONS

Power of Corporations to employ, etc., officers and employees

39 Each Corporation may from time to time to employ, commission, or appoint, dismiss or remove, such and so many officers or employees as may be deemed necessary or desirable for putting into force and exe cuting any power or duty conferred on either of the said Corporations by any Act or for administering or executing any Ordinance made under this Act.

Power of Corporations with respect to building wharves, etc., on fore shores

40 It shall be lawful for the Corporations of Hamilton and St. George's respectively, after having obtained the licence of the Governor in respect of each contemplated work, to build and erect within municipal limits or on land belonging to either Corporation outside such limits, wharves and landing-places for public use below high water mark, into the waters of the respective harbours, and extending to such distances into the harbour as shall be found necessary or convenient.

Submission of annual statements of account

41 It shall be the duty of each Corporation at any time prior to the thirtieth day of June in each year to forward to the Minister a statement in detail duly audited by some auditor to be approved by the Corporation showing the receipts and expenditure of the Corporation to the end of the previous year.

RESTRICTION ON CONSTRUCTION OF WOODEN BUILDINGS

Restriction on construc tion of wooden buildings

42 (1) Subject to this section the erection of any wooden building within municipal areas is hereby prohibited.

(2) This section shall not apply —

(a) to any wooden gallery or verandah which has a stone or metal covering or roof, and which is attached to a stone building; or

(b) to any temporary wooden shed for the purpose of con taining the material for any stone building about to be erected or in course of erection, the erection whereof has been permitted in writing by the Mayor; or

(3) This section shall apply to any room or apartment upon the

directed to the Commissioner of Police, order any wooden building erected or existing in contravention of any such provision forthwith to be pulled down.

(5) The Commissioner of Police shall, on receiving a warrant di rected to him under subsection (4), cause the warrant to be executed and shall be empowered, should there not be sufficient police available for the purpose, to call in to his assistance in the execution thereof such persons as he may deem necessary, and such persons whilst so assisting shall have all the powers and immunities conferred upon police officers by the Criminal Code [title 8 item 31].

POWERS OF FIRE BRIGADES ETC.

Powers of officers of Fire Brigades with respect to extinguishing fires

43 In the event of any Fire Brigade being engaged in extinguishing any fire occurring in or near either municipality the officers of the Brigade present at such fire may give such orders and directions as they may deem expedient for the purpose of extinguishing such fire, or of pre venting the spread thereof, and may adopt such reasonable means for either of these purposes as they may consider necessary.

Conferment of powers of police officers on watch men and members of Fire Brigades

44 All watchmen, and officers and members of any Fire Brigade em ployed or in the service of either Corporation under this Act shall be deemed to be police officers, and shall be entitled to the like privileges and protection when engaged in the execution of their duty.

NOTARIAL FEES

Fees payable to Mayors for notarial services

45 The fees enumerated in the Second Schedule shall be payable to the Mayors of the respective municipalities for the services therein set forth.

OFFENCES AGAINST ACT AND ORDINANCES

Trial and punishment of offences against Act or against Ordinances

46 (1) Subject to subsection (2), where a person commits an of fence against this Act or against any Ordinance made thereunder :

Punishment on summary conviction: imprisonment for 12 months or a fine of $6,000 or both such imprisonment and fine.

Punishment on conviction on indictment: imprisonment for 2 years or a fine of $12,000 or both such imprisonment and fine.

(2) A person guilty of an offence against any Ordinance con trolling vehicular or pedestrian traffic on streets and highways within municipal areas shall be liable on summary conviction to the penalty specified in Schedule l to the Traffic Offences (Penalties) Act 1976 [title 21 item 13].

FIRST SCHEDULE

PART I

FRANCHISE

Entitlement to vote

1 (1) Subject to paragraph 4, a person shall be entitled to vote at a municipal election if, and shall not be so entitled unless, having regard to paragraph 2, he is lawfully registered in his own right as a municipal elector, or, alternatively, as the nominee of such an elector, in the mu nicipal register in force on the date of the municipal election.

(2) A person registered as a municipal elector or as a nominee in the municipal register in force on the date of the municipal election shall not be excluded from voting on the ground that, having regard to paragraphs 2 and 3, his name ought not to be on the register; but this sub-paragraph shall not prevent the rejection of his vote by the Court on an election petition, or affect his liability for any penalty for voting.

Qualification for registration as a municipal elector

2 (1) Subject to paragraphs 4 and 5, a person shall be entitled to be registered if he is the owner or occupier of a valuation unit situate within the municipal area of a Corporation and is either—

(a) the possessor of the following qualifications —

(i) he is a Commonwealth citizen of the age of twenty-one years or upwards;

(ii) he either possesses Bermudian status or has been ordinarily resident in Bermuda throughout the immediately preceding period of three years; or

(b) a company, partnership, association or body of persons, whether corporate or unincorporate:

Provided that, where the rights of ownership of a valuation unit situate as aforesaid are vested jointly in a husband and wife (without participa tion in those rights by any other person), each of them shall be entitled to be registered as a municipal elector in respect of that valuation unit if he is qualified under provision (a) of this sub-paragraph.

(2) Notwithstanding sub-paragraph (1), the secretary shall not register as a municipal elector a person qualified thereto if payment of the amount of any rate or part of any rate charged upon the valuation unit owned or occupied by him is more than three months in arrears, being an amount which such person so qualified is liable to pay to the Corporation.

(3) In this paragraph "occupier of a valuation unit" means any person who has been an occupier of such a unit throughout the period of three months immediately preceding his application for registration.

Certain municipal electors to be represented by nominees

3 (1) The following municipal electors shall be required to ap point an individual as a nominee to vote on their behalf in a municipal election —

(a) a company, partnership, association or body of persons, corporate or unincorporate;

(b) except where and to the extent that the proviso to sub-paragraph (1) of paragraph 2 applies, two or more per sons who are joint owners or joint occupiers of the valu ation unit in respect of which they are municipal elec tors.

(2) The nominee of a municipal elector shall —

(a) be a Commonwealth citizen of the age of twenty-one years or upwards; and

(b) possess Bermudian status or have been ordinarily resi dent in Bermuda throughout the period of three years immediately preceding his appointment as nominee,

and shall not be disqualified by sub-paragraph (2) of paragraph 4 for ap pointment as a nominee.

(3) (a) The nominee of a company shall be a director, manager, secretary or other similar officer, or a senior employee, of the company;

(b) the nominee of a partnership, association or body shall be a member of the partnership, association or body;

(4) An individual appointed to be the nominee of a body men tioned in provision (a) or (b) of sub-paragraph (3) shall, subject to this Schedule, be deemed to be the duly appointed nominee of a body ap pearing to the secretary to be the same body, notwithstanding any change in the persons comprising the body; and, where a nominee has been appointed by joint owners or occupiers of a valuation unit (hereafter in this sub-paragraph referred to as "the original joint owners or occu piers"), the appointment shall subject as aforesaid, be deemed to con tinue in force on behalf of all the joint owners or occupiers for as long as any two of the original joint owners or occupiers continue to be munici pal electors.

(5) Where a valuation unit that is chargeable to rates is owned or occupied jointly by a person or persons disqualified for being regis tered as a municipal elector or as municipal electors and another person or persons not so disqualified, this Schedule shall apply as though the disqualified person or persons were not a joint owner or joint occupier or joint owners or joint occupiers.

Disqualifications

4 (1) A person shall be disqualified for being registered as a mu nicipal elector or, even if registered, for voting at a municipal election if—

(a) he ceases to be the owner or occupier of a valuation unit which is chargeable to rates; or

(b) he is disqualified for voting at a municipal election under section 11 or 12; or

(i) has ceased to be a Commonwealth citizen; or

(ii) has ceased to be ordinarily resident in Bermuda; or

(iii) is in prison or detained in a senior training school, or (unless he has been granted a free pardon or has been granted remission under

section 10 of the Prisons Act 1979 [title 10 item 32]) is under sentence to a term of imprisonment or preven tive detention or corrective training which has not yet expired, whether or not he is at large on licence; or

(iv) is a person who is suffering from mental disor der within the meaning of the Mental Health Act 1968 [title 11 item 36] or is otherwise a person adjudged under any statutory provision to be of unsound mind; or

(d) such person is —

(i) an external company or body, that is to say, a company or body formed outside Bermuda; or

(ii) an exempted company within the meaning of the Companies Act 1981 [title 17 item 5]; or

(iii) an exempted partnership within the meaning of the Exempted Partnerships Act Revision 1992 [title 17 item 26].

(2) An individual shall be disqualified for being appointed as a nominee to vote on behalf of a municipal elector or, even if he is so ap pointed, for voting on behalf of a municipal elector at a municipal elec tion if —

(a) he would be disqualified for registration as a municipal elector by virtue of subparagraph (1) (b) or (1) (c); or

(b) he is himself a municipal elector in respect of the mu nicipal area who is entitled to vote otherwise than by his nominee.

[Paragraph 4 amended by 1992 : 66 effective 8 August1992]

Restrictions on multiple registration and voting

5 (1) This paragraph shall have effect in relation to registration more than once or voting more than once in relation to municipal elec tions.

(2) A person shall not be entitled to be registered more than once at any one time.

(3) If, notwithstanding sub-paragraph (2), a person's name is with his knowledge or consent entered in a municipal register more than once, he shall be disqualified for voting (whether in his own right or as a nominee) in any municipal election that takes place while his name re mains so entered.

(4) Notwithstanding any other statutory provision, no individ ual shall be entitled to vote more than once in the same municipal elec tion.

(5) The provisions of sub-paragraph (2) of paragraph 4 and of sub-paragraphs (1) to (4) of this paragraph shall have effect separately in relation to the Corporation of Hamilton and the Corporation of St. George's, and accordingly nothing in those provisions shall prevent an individual or other person from being registered in relation to, or entitled to vote in, municipal elections in relation to both Corporations at the same time, if he is otherwise qualified therefor.

PART II

REGISTRATION

Registering officer

6 The secretary shall be the registering officer for the purposes of this Act.

Municipal register

7 (1) It shall be the duty of the secretary to prepare and maintain a true and complete register of municipal electors (including nominees of municipal electors) for the Corporation for which he acts, and he may from time to time prepare a new register or part of the register, in which shall be incorporated the subsisting entries; and on the secretary certi fying in writing in the new register or part that it has been prepared in accordance with this paragraph, the new register or part shall be used for the purposes of this Act and shall be as valid and effectual for those purposes as the register or part which it replaces.

(2) In this paragraph "the subsisting entries" means the entries relating to persons who are on the municipal register when the new reg ister or part is prepared.

Requirements for registration in the municipal register

8 (1) The secretary shall not register any person in the municipal register as a municipal elector unless —

(a) that person applies to the secretary to be registered;

(b) where the person applying is required by paragraph 3 to appoint a nominee to vote on his behalf, the

application is accompanied by evidence of an appointment in the form specified in sub-paragraph (2);

(c) the secretary is satisfied, or it is adjudged on appeal (as hereafter in this Schedule provided), that the person is entitled to be so registered and, where he has appointed a nominee to vote on his behalf, that such nominee is qualified to be so appointed.

(2) The evidence of the appointment of a nominee required for the purposes of sub-paragraph (1) shall be an instrument in writing set ting out the full title or description of the municipal elector, the valuation unit owned or occupied by the municipal elector and the full names of the persons appointed, and shall be authenticated —

(a) where the municipal elector is a company, by the seal of the company being affixed to the instrument by the proper officer of the company above his signature;

(b) where the municipal elector is a partnership, by the sig natures of not fewer than two of the partners;

(c) where the municipal elector is an association or other body, by the signature of the chairman, president, sec retary or other similar officer of the association or body;

(d) where the municipal elector consists of joint owners or joint occupiers of a valuation unit, by the signatures of not fewer than two of them.

(3) Where apart from a question of the appointment of a nomi nee the secretary has doubts whether a person is entitled to be regis tered, the secretary may, subject to sub-paragraphs (4) and (5), require to be satisfied by such evidence in writing as he thinks fit as to that per son's entitlement to be registered.

(4) Without prejudice to sub-paragraph (3), the secretary shall not accept a claim that a person is an occupier of a valuation unit within sub-paragraph (3) of paragraph 2 unless that claim is accompanied by a certificate in writing (in this Schedule called "a landlord's certificate") in Form A in the Annexure to this Schedule, signed by the owner of the val uation unit in respect of which the claim is made.

(5) A landlord's certificate shall be valid for the period of seven days commencing on the date of its signing, and shall then expire.

Registration of persons in municipal register

9 (1) Subject to sub-paragraph (4), a person (in this paragraph referred to as an "applicant") may at any reasonable time apply to the secretary to be registered in a municipal register as a municipal elector.

(2) Where the secretary is satisfied that an applicant is entitled to be so registered, then, subject to sub-paragraph (4), the secretary shall register him by entering the following particulars in the municipal register —

(a) the name of the applicant;

(b) the date of registration;

(d) a concise description, sufficient to identify it, of the val uation unit in respect of which the applicant claims to be registered.

(3) Subject to sub-paragraph (4), a municipal elector who has appointed a nominee may at any reasonable time apply to the secretary, in accordance with sub-paragraphs (1)(b) and (2) of paragraph 8, to change his nominee.

(4) After notice of a municipal election has been given in accor dance with paragraph 21 —

(a) the secretary shall not register any person in the mu nicipal register as a municipal elector unless, before the notice was given, that person had applied to the secre tary for registration and had satisfied the secretary that he fulfilled all the requirements for registration;

(b) the secretary may, if he thinks fit, refuse to receive any application to be registered or to change a nominee.

(5) The mis-naming of any person in the municipal register, or the inaccurate description of any valuation unit in the register, shall not prejudice the operation of this Schedule in relation to that person or unit if the person or unit is described in such a way as to be commonly rec ognized.

Maintenance of municipal register

10 (1) Subject to this Part of this Schedule, the secretary may make such additions to and cancellations, substitutions and alterations in the municipal register as may from time to time be required to main tain a true and complete record of the municipal electors and the nomi nees of municipal electors.

(2) Without prejudice to the generality of sub-paragraph (1) the secretary shall make such alterations in the municipal register as may from time to time be required —

(a) to remove from the register the name of any person who has died;

(b) to remove from the register the name of any person who is not qualified or has become disqualified for being reg istered as a municipal elector or a nominee, or for voting at a municipal election;

(d) to substitute for the name of any nominee appointed to vote on behalf of a municipal elector any other such name.

(3) The secretary shall remove from the municipal register the name of any person registered as a municipal elector if payment of the amount of any rate or part of any rate charged upon the valuation unit owned or occupied by him is more than three months in arrears, being an amount which such person so registered is liable to pay to the Corpo ration.

(4) Where an alteration to the municipal register consists of striking out or writing in the register, or the substitution of other writing for writing there, the secretary shall make the alteration in such a way that the previous writing remains clearly legible.

(5) The secretary shall sign every alteration made by him in the municipal register and shall enter the date on which the alteration was made.

Duty of secretary to notify person whose name is to be removed from the register

11 Where the secretary intends to remove from the municipal reg ister the name of any person other than a person who has died or be come subject to a legal incapacity, he shall notify that person accord ingly, if it is practicable so to do and, if that person so desires, shall give him an opportunity to be heard with respect to the removal:

Provided that nothing in this paragraph shall apply to the re moval of the name of the nominee of a municipal elector on the applica tion of that municipal elector.

Duty of secretary to make notes

12 Where the secretary makes any alteration in the municipal reg ister otherwise than for the purpose of correcting a clerical error, he shall record in the register a note of his reason for the alteration.

Annual revision

13 (1) For the purpose of facilitating applications for registration in the municipal register and the determination of objections in respect of such registration, and generally for facilitating the revision and main tenance of the municipal register, the secretary shall attend at the mu nicipal offices for not less than five days in the month of September in every year during the hours when those offices are normally open to the public, and the aforesaid period of five days is in this Schedule referred to as "the period of the annual revision".

(2) The secretary shall by notice published in the Gazette and at least one newspaper printed and circulating in Bermuda give at least five days notice of the place, days and times appointed by him for his attendance at the municipal offices in pursuance of sub-paragraph (1).

Objections to registration

14 (1) Subject to this paragraph, any person may at any time submit to the secretary an objection —

(a) objecting to the registration of any other person who is applying to be registered, or who is registered, in a mu nicipal register; or

(b) objecting to the appointment of any other person as a nominee; or

(c) objecting to the particulars intended to be entered or al ready entered, in a municipal register in respect of any other person,

and if the secretary is satisfied that the grounds of the objection are es tablished, then he shall refuse to register the person to whom the objec tion relates, or remove the name of that person from the municipal reg ister, or refuse to enter, or alter or cancel, the particulars to which the objection relates, as the case may be.

(2) With respect to any such objection as aforesaid the follow ing provisions shall have effect —

(a) the secretary shall not determine the objection unless and until the person affected by the objection has been
given an opportunity to reply to the objection and, if he so desires, to be heard with respect thereto;

(b) the secretary shall not consider the objection unless the person submitting the objection deposits with him the sum of ten dollars;

(c) where the secretary finds that the grounds of the objec tion are established he shall return the said sum of ten dollars, but where he finds that the grounds of the ob jection are not established he shall pay the said sum into the funds of the Corporation;

(d) where the objection is submitted to the secretary during the period of the annual revision, the objection may be submitted orally;

(e) where the objection is not made during the period of the annual revision, the secretary shall not consider the ob jection unless the person objecting submits to him in writing a statement of the grounds of the objection.

Applications and objections: powers of secretary etc.

15 Where any application or objection relating to the registration of a person registered or the intended registration of a person applying to be registered in the municipal register is submitted to the secretary, the following provisions shall have effect—

(a) the applicant or the person objecting and any other per son appearing to the secretary to be interested shall be entitled to a reasonable opportunity to appear before the secretary and be heard;

(b) the secretary may require the applicant or the person objecting or the other person interested, as the case may be, to give or produce, or cause to be given or produced, oral or documentary evidence in support of the applica tion or objection or of any representation made by him;

(c) the secretary may require that the evidence tendered by any person shall be given on oath, and may administer an oath for that purpose, and may take affidavits.

Appeals from secretary to magistrate

16 (1) Where any person is aggrieved —

(a) by any decision of the secretary on or in respect of any application or objection submitted to him in relation to—

(i) the registration of any person registered, or the intended registration of any person applying to be registered, in the municipal register; or

(ii) the validity of the appointment of a nominee; or

(b) by any failure on the part of the secretary to give any such decision within a reasonable time; or

(c) by any failure on the part of the secretary to give the ag grieved person a reasonable opportunity, to which that person is entitled under this Part of this Schedule, to make or reply to an objection, or to be heard,

then, subject to this paragraph, that person may appeal to a magistrate.

(2) No appeal shall he —

(a) under this paragraph, in any case where the person ag grieved has not availed himself of a reasonable opportu nity given to him to be heard by the secretary;

(b) under sub-paragraph (1) (a) of this paragraph, unless the person aggrieved within five days after the decision was communicated to him gave notice in writing to the secretary of his intention to appeal;

(c) under sub-paragraph (1) (b) of this paragraph, unless the person aggrieved gave notice in writing to the secre tary of his intention to appeal if the secretary should fail to give his decision within ten days of receipt of the no tice.

(3) Subject as aforesaid, the magistrate shall hear any appeal under this paragraph at a time appointed by him for the purpose, of which time all persons concerned shall be notified in accordance with his directions.

(4) On a decision being given by the magistrate, the secretary shall forthwith take such steps as may be necessary to carry into effect the terms of the decision.

(5) No person who is for the time being registered in a munici pal register shall be prevented from voting at a municipal election by rea son only of the fact that an appeal is pending under this paragraph.

(6) The decision of a magistrate under this paragraph shall be final:

Provided that this sub-paragraph shall not prevent the correct ness of the magistrate's decision being put in issue in an election petition brought under Part IV of this Schedule.

Inspection of municipal registers; furnishing of lists by secretary

17 (1) Any person, on payment to the secretary of a fee of one dollar for each inspection, may at any reasonable time inspect the mu nicipal register and take extracts therefrom.

(2) Any person, on payment to the secretary of a fee calculated at the rate of one dollar for every hundred or fraction of a hundred names, shall be entitled within three days (excluding any Saturday, Sunday or public holiday) after application therefor to be furnished by the secretary with a list, certified by the secretary under his hand to be correct, of the municipal electors registered in the municipal register.

Custody of register

18 The municipal register shall be and remain in the custody of the secretary:

Provided that where the secretary is not the returning officer the secretary shall supply the returning officer with the municipal register to enable him to perform his duties under this Schedule.

Mode of sending notices, etc.

19 (1) Any notice that is required under this Part of this Schedule to be given by the secretary to any person shall be sufficiently given if sent by post to the address of that person as given by that person for the purpose, or, if there is no such address, to his last known place of abode.

(2) Any application, notice of objection or other written com munication intended for the secretary under this Part of this Schedule shall be sufficiently sent if sent by post to his office.

PART III

ELECTIONS

Returning officer

20 (1) A Corporation may appoint a justice of the peace to be the returning officer for the purposes of this Schedule; but, if it does not do so, the secretary shall be deemed to have been so appointed.

(2) All expenditure properly incurred by the returning officer or by any other officer or employee of a Corporation in relation to the hold ing of a municipal election shall be paid by the Corporation.

Notice of election

21 (1) The returning officer shall publish in two issues of the Gazette and at least one newspaper printed and circulating in Bermuda notice of the municipal election stating —

(a) the day on which nomination papers are to be delivered (in this Schedule referred to as "the nomination day") as required by paragraph 22; and

(b) the day of the poll in the event of a contest (in this Act referred to as "the polling day"),

and the notice shall also state the time when, and the place where, forms of nomination paper may be obtained.

(2) The nomination day shall not be a Saturday, Sunday or public holiday, and shall be a day not earlier than ten days after the first publication in the Gazette of the notice of the municipal election called for by sub-paragraph (1).

(3) The polling day shall not be a Saturday, Sunday or public holiday, and shall be a day not earlier than three days and not later than seven days after the nomination day.

Nomination of candidates

22 (1) The returning officer shall on the nomination day attend at eleven o'clock in the forenoon at the municipal offices and there until one o'clock in the afternoon, but no later, subject to sub-paragraph (2), ac cept nominations of candidates for the municipal election.

(2) The returning officer shall not accept the nomination of any person as a candidate unless —

(a) the returning officer is satisfied that the candidate is a municipal elector and is not disqualified for election to the office of Mayor, Alderman or Common Councillor under section 18;

(b) the nomination is written on a separate paper (in this Schedule referred to as a "nomination paper") in Form B in the Annexure to this Schedule or is, in the opinion of the returning officer, substantially in that form;

(c) the candidate is described in the nomination paper in such manner as in the opinion of the returning officer is sufficient to identify him;

(d) the nomination paper is signed by the candidate to de note his acceptance of the candidature;

(e) the nomination paper is signed by two municipal elec tors of the municipality in respect of which the election is to be held, one as proposer and the other as seconder, neither of whom has proposed or seconded the nomina tion of another candidate at the municipal election;

(f) the nomination paper is delivered to the returning officer by the candidate or by his proposer or by his seconder;

(g) the nomination paper is accompanied by a deposit of two hundred and fifty dollars.

(3) The returning officer shall make arrangements for supplying forms of nomination papers free of charge to persons seeking nomination as candidates in a municipal election, but failure to make such arrange ments shall not affect the validity of any municipal election.

(4) For the purposes of sub-paragraph (2), "municipal elector" means, in the case of a municipal elector who is not required to appoint a nominee, such an elector, and, in any other case, the nominee of a municipal elector.

Decision as to validity of nomination papers

23 (1) Where the returning officer decides that a nomination paper is invalid, he shall record and sign his decision and the reasons therefor on the back of the paper, and shall send notice of his decision to the candidate.

(2) The decision of the returning officer that a nomination pa per is or is not valid shall be final:

Provided that this sub-paragraph shall not prevent the validity of a nomination being questioned in an election petition under Part IV of this Schedule.

Uncontested elections

24 (1) Where after one o'clock in the afternoon of the nomination day the number of duly nominated candidates does not exceed the num ber of vacancies to be filled in the municipal election, the returning offi cer shall forthwith declare the candidate or candidates concerned to be elected and give notice thereof in the Gazette.

(2) Where as a result of the withdrawal of a candidate the number of duly nominated candidates does not exceed the vacancies to be filled in the municipal election, the returning officer shall forthwith upon the withdrawal declare the candidate or candidates concerned to be elected, and give notice thereof in the Gazette.

Extraordinary municipal election to fill unfilled vacancies

25 Where the number of persons returned uncontested under para graph 24 is less than the number of vacancies requiring to be filled in the municipal election, then an extraordinary municipal election shall be held under subsection (2) of section 9 to fill the vacancy or vacancies not duly filled.

Withdrawal of candidates

26 (1) Subject to sub-paragraphs (2) and (3), a candidate may withdraw his candidature by delivering to the returning officer a written notice of withdrawal signed by the candidate and attested by one wit ness.

(2) A notice of withdrawal shall not have effect unless it is de livered as aforesaid not less than two clear days (excluding any Saturday, Sunday or public holiday) before the polling day, unless the effect of the withdrawal would be to render the taking of a poll unnecessary.

(3) Where the withdrawal of a candidature would have effect as mentioned in sub-paragraph (2), the notice of withdrawal may be deliv ered to the returning officer at any time before the polling day.

Taking of poll where election is contested

27 Subject to paragraphs 24 and 26, where after one o'clock in the

afternoon on nomination day the number of duly nominated candidates exceeds the number of vacancies requiring to be filled in the municipal election, then a poll shall be taken at the place appointed for the elec tion.

Manner of conducting poll

28 (1) The provisions of sections 41 to 55 inclusive of the Parlia mentary Election Act 1963 [repealed] (hereafter in this Act called "the Act of 1963") and of the Second Schedule to that Act shall mutatis mutandis apply in relation to the taking of a poll for the purposes of this Act as those provi sions apply in relation to the taking of a poll for the purposes of that Act.

(2) Without prejudice to the generality of sub-paragraph (1) the said provisions shall have effect in relation to the taking of a poll under this Act with the following modifications —

(a) references to a returning officer shall be construed as references to the returning officer under this Act;

(b) references to the election room shall be construed as ref erences to the place appointed for the municipal elec tion;

(d) references to the Deputy Governor shall be construed as references to the Corporation;

(e) references to the parliamentary register shall be con strued as references to the municipal register, and refer ences to an electoral district shall be construed as refer ences to the municipal area;

(f) references to a parliamentary elector shall be construed as references to a municipal elector or, as the case may be, his nominee;

(g) the reference in subsection (1) of section 45 to Form C of the First Schedule to the Act of 1963 shall be construed as a reference to Form C in the Annexure to this Sched ule;

(h) the references in sections 46 and 47 to section 4 of the Act of 1963 and that Act shall be construed respectively as references to paragraph 4 of this Schedule and this Act;

(i) the references in section 47 to Form D in the First Schedule to the Act of 1963 shall be construed as a ref erence to Form D in the Annexure to this Schedule;

(j) the words "and the Returning Officer shall then return their names or his name into the Office of the Deputy Governor with the writ of election duly completed and signed by him" in subsection (1) of section 53 shall be deemed to read "and the returning officer shall then give notice thereof in the Gazette";

(k) in section 54 —

(i) the words "and return his name into the office of the Deputy Governor" in subsection (1) shall be deemed to read "and give notice thereof in the Gazette";

(ii) in subsection (2) the words from "and a bye-election" to the end of the subsection shall be deemed to be deleted and the words "and a va cancy within the meaning of subsection (2) of section 9 shall be deemed to ensue" shall be deemed to be substituted;

(l) rule 9 of the Second Schedule to the Act of 1963 shall be construed as requiring the municipality to retain the documents for one year, and providing that the docu ments may thereafter be destroyed;

(m) the directions in the Appendix to the said Second Schedule to the Act of 1963 shall be used with such variations as the circumstances of the case may require.

Disposal of deposits and certificate of votes cast

29 (1) The following provisions of this sub-paragraph shall have effect with respect to the deposit of two hundred and fifty dollars re quired to be made under sub-paragraph (2) of paragraph 22 —

(a) if after the deposit is made the candidate withdraws from election in accordance with paragraph 26, his deposit shall be returned to the person by whom it was made;

(b) if the candidate dies after his deposit is made, and be fore the polling commences, the deposit, if made by him, shall be returned to his legal personal representative, and, if not made by him, shall be returned to the person by whom the deposit was made;

(i) where the candidate stands for an office in re spect of which only one vacancy exists, one eighth of the total number of votes polled;

(ii) where the candidate stands for an office in re spect of which more than one vacancy exists, one eighth of the total number of votes cast di vided by the number of vacancies,

his deposit shall be forfeited to the Corporation;

(d) in any other case the deposit shall be returned to the person by whom the deposit was made as soon as may be after the result of the election is declared.

(2) The returning officer shall deliver to each candidate at a municipal election as soon as may be after the conclusion of the election a certificate showing the number of votes cast for each candidate and the total number of votes cast in the election.

PART IV

ELECTION PETITIONS

Power to question municipal election by petition

30 (1) The election of a Mayor, Alderman or Common Councillor may be questioned by an election petition on the ground—

(a) that the election was avoided by general bribery, treat ing, or undue influence; or

(b) that corrupt or illegal practices have or may reasonably be supposed to have affected the result of the election; or

(d) that the person whose election is questioned was at the time of the election disqualified.

(2) The election of a Mayor, Alderman or Common Councillor shall not be questioned on any of the grounds set out in sub-paragraph (1) save by an election petition.

(3) A practice shall for the purposes of sub-paragraph (1)(b) of this paragraph be a corrupt or illegal practice if it would be a corrupt practice within the definition of that expression in sec tion 11(3).

Presentation of election petition

31 An election petition shall be presented —

(a) to the Supreme Court;

(b) within fifteen days of the publication in the Gazette of the result of the election in respect of which the petition is presented; and

(c) by ten or more persons who had a right to vote in the election, or by a person alleging himself to have been a candidate at the election.

Security for costs

32 (1) At the time of presenting an election petition, or within five days or such longer period thereafter as the Court may direct, the peti tioner or petitioners shall give security for all costs, charges and ex penses which may become payable by him or them to any witness sum moned on his or their behalf or to any respondent.

(2) The security shall be of such amount, not exceeding ten thousand dollars, and shall be given in such manner and form, as the Court may direct.

Determination of Court

33 (1) At the conclusion of the trial of an election petition the Court shall determine —

(a) in the case of an election which is not contested and in connection with which the decision of the returning offi cer as to the validity of any nomination is questioned, whether the decision was correct, or whether the election was void; and

(b) in the case of a contested election, whether the person

FORM B

NOMINATION FORMS

Mayor

NAME IN FULL [blank] as the Mayor of [blank]

Proposed by:- [blank] (NAME OF PROPOSER IN FULL)

(Signature of Proposer)

Seconded by:- [blank] (NAME OF SECONDER IN FULL)

(Signature of Seconder)

Date:- [blank]

(Signature of Candidate)

Alderman

NAME IN FULL [blank] as an Alderman of [blank]

Proposed by:- [blank] (NAME OF PROPOSER IN FULL)

(Signature of Proposer)

Seconded by:- [blank] (NAME OF SECONDER IN FULL)

(Signature of Seconder)

Date:- [blank]

(Signature of Candidate)

Common Councillor

NAME IN FULL [blank] as a Common Councillor of [blank]

Proposed by:- [blank] (NAME OF PROPOSER IN FULL)

(Signature of Proposer)

Seconded by:- [blank] (NAME OF SECONDER IN FULL)

(Signature Of Seconder)

Date:- [blank]

(Signature of Candidate)

FORM C

BALLOT PAPERS

Mayor

The Voter should make one cross only in the space opposite the name of the candidate for whom he wishes to vote. Only one vote should be cast.

Names of Candidates for:

MAYOR

.............................................................................

Aldermen

The Voter should make one cross only in the space opposite the name of each candidate for whom he wishes to vote. Votes should be cast for not more than . . . . . . . . candidates.

Names of Candidates for:

ALDERMEN

.............................................................................

Common Councillors

The Voter should make one cross only in the space opposite the name of each candidate for whom he wishes to vote. Votes should be cast for not more than [blank] candidates.

Names of Candidates for:

COMMON COUNCILLORS

.............................................................................

FORM D

DECLARATION OF INTENDING VOTER

I, [blank] (full name) of [blank] (address) do solemnly declare that‑

1 I am registered in the municipal register of Hamilton/St. George's as a municipal elector or his nominee.

2 I have read (or have had read to me) and understand the provisions relating to the qualifications and disqualifica tions of municipal electors and their nominees set out below.

3 I am entitled to vote at this municipal election.

Dated this [blank] day of [blank] 19 [blank]

Signed and declared by the above-named (full name) in the pres ence of [blank]

(Signature of declarant)

[blank] Returning Officer.

PROVISIONS RELATING TO QUALIFICATIONS AND DISQUALIFICA TIONS OF ELECTORS

1 Subject to paragraph 2 below, a person shall be entitled to vote at a municipal election if, on the polling day, he is registered in the municipal register of the municipality where the election is held as a municipal elector or, in the case of a municipal elector who is required to exer cise his vote by his nominee, as such a nominee.

2 A person shall not be entitled to vote at a municipal election either as a municipal elector or as the nominee of a municipal elector if —

(a) he is not registered (or, in the case of a nominee, his name is not entered in the register) for the pur pose; or

(b) he has ceased to be a Commonwealth citizen; or

(d) he is in prison or detained in a senior training school, or (unless he has been granted a free par don or has been granted remission under section 10 of the Prisons Act 1979 [title 10 item 32]) he is under sentence to a term of imprisonment or pre ventive detention or corrective training which has not yet expired, whether or not he is at large on li cence; or

(e) he is a person who is suffering from mental disor der within the meaning of the Mental Health Act 1968 [title 11 item 36] or is otherwise a person ad judged under any statutory provision to be of un sound mind; or

(f) he is disqualified for voting at a municipal election under section 11 or 12 of the Municipalities Act 1923.

3 A person registered as a municipal elector shall not be entitled to vote at a municipal election either personally or by his nominee if he ceases to be the owner or occu pier of a valuation unit which is chargeable to rates.

4 The following persons may not vote at a municipal elec tion by their nominee—

(a) persons who are not entitled to vote for any reason set out in paragraph 2 above;

(b) an external company or an exempted company or partnership or an external body being a company, partnership or body described in paragraph 4(1)(d) of the First Schedule to the Municipalities Act 1923.

SECOND SCHEDULE

NOTARIAL FEES PAYABLE TO MAYORS

For drawing any affidavit, in writing per 100 words	$0.24
For fair copy of same, per 100 words	$0.12
For administering any oath	$0.24
For fixing any seal of a Corporation to any paper, and for granting any necessary certificate	$1.20

[Amended by

^* The municipal area of the City of Hamilton has been extended by the Hamilton Extension Act 1951 [title 4 item 7].

Bermuda Consolidated Legislation

Municipalities Act 1923