β¨ Legislative Order Continuation
SEPT. 13.] THE NEW ZEALAND GAZETTE. 2393
(l.) If any such objection is in the opinion of the Judge of the High Court vexatious, or frivolous, or unreasonable, he may order the objector to pay the costs or part of the costs of the hearing, and a reasonable allowance to the person objected to, and any such order may be enforced in the same manner as an order of the High Court.
(m.) No grounds of objection shall be entertained except those specifically stated in the summons.
(n.) If any objection is on the ground that the person objected to has been convicted of any offence mentioned or referred to in clause twelve hereof, the objector shall specify in his notice of objection the Court and approximate date at which the conviction was had, and if he fails so to do the objection shall not be entertained.
(o.) The Registrar, on receipt of any such last-mentioned objection, shall request the Registrar of the High Court where the person objected to is stated to have been convicted either to contradict the statement or to furnish a certificate of the conviction under the seal of the Court.
(p.) The Registrar of the High Court shall comply with such request, and any such certificate shall, unless the person objected to satisfies the Registrar that he has received a free pardon, or has undergone the sentence or punishment to which he was adjudged for the offence for which he was convicted, be sufficient warrant to the Registrar to remove from the roll the name of the person so certified to have been convicted.
(3.) If the objection is by the Registrar, the following provisions shall apply :β
(a.) The Registrar shall give notice in writing to the person objected to of the grounds of the objection, and that unless notice of appeal is given within a time stated (being not less than seven days) the name of the elector will be removed from the roll without further proceedings.
(b.) The notice of objection shall be in the form numbered (4) in the First Schedule hereto, and a form of notice of appeal shall be annexed thereto.
(c.) If the person objected to does not within the time stated in the notice cause his name to be removed from the roll, or satisfy the Registrar that he is entitled to have his name retained on the roll, or fails to give notice of appeal, the Registrar shall remove the name forthwith.
(d.) If notice of appeal is duly given, the Registrar shall (unless he is satisfied as to the right of the person objected to to have his name retained on the roll) set down the objection for hearing before a Judge of the High Court, who shall appoint a time and place for the hearing.
(e.) The Registrar shall give notice to the person objected to of the time and place so appointed.
(f.) If at the time and place appointed for the hearing the Registrar fails to appear, the objection shall be dismissed.
(g.) The person objected to may, on the hearing of the objection, eitherβ
(i.) Appear in person or by some person appointed in writing by him ; or
(ii.) Forward by post, addressed to the Registrar, a statement made by him, and signed before another elector, setting forth reasons for his remaining on the roll.
(h.) If the person objected to fails either to appear or to forward a statement as aforesaid, the Judge of the High Court shall make an order that his name be removed from the roll.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1923, No 68
NZLII —
NZ Gazette 1923, No 68
β¨ LLM interpretation of page content
π
The Samoan Legislative Council (Elective Membership) Order, 1923
(continued from previous page)
π External Affairs & Territories10 September 1923
Samoa, Legislative Council, Elective Membership, Order in Council, Western Samoa, Disqualification, Electors, Qualifications