Disqualification Act Amendment Act 1875
Disqualification Act Amendment Act 1875
Checking for alerts... Loading...
Disqualification Act Amendment Act 1875
Disqualification Act Amendment Act 1875
Public Act |
1875 No 78 |
|
Date of assent |
21 October 1875 |
|
Contents
An Act to amend “The Disqualification Act, 1870,”
and to indemnify certain Members of the Legislative Council and House of Representatives from Disabilities and Penalties they may have incurred under that Act.
Preamble.
WHEREAS it is desirable to amend “The Disqualification Act, 1870”
(hereinafter called “the said Act”
):
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act shall be “The Disqualification Act Amendment Act, 1875.”
2 Amendment of the 9th section of “The Disqualification Act 1870.”
Notwithstanding anything in the said Act contained, it is hereby expressly enacted that any person holding a seat in the Legislative Council, or elected to serve as a member of the House of Representatives, who shall, whilst holding a seat in the said Council or being a member of the House of Representatives, be concerned or interested either directly or indirectly in any such contract or agreement as in the ninth section of the said Act mentioned, whether the General Assembly is at the time of the making of such contract or at any time thereafter during the subsistence of such contract or agreement in session or not, shall in the case of a member of the Legislative Council be incapable of sitting or voting in the said Council, and his seat shall thereby be vacated, and in the case of a member of the House of Representatives his election shall be void, and he shall be incapable of sitting and voting in the said House: Provided that the disqualification hereby created shall not extend to any agreement or contract mentioned in the proviso to the said ninth section.
3 Amendment of 11th section of the said Act.
The eleventh section of the said Act shall hereafter be read as if the words “or by reason of his being concerned or interested in any contract or agreement as is mentioned in the ninth section hereof”
had been inserted after the word “office”
in the second line of the said section.
4 Indemnity to sitting members in certain cases.
No persons being members of the Legislative Council shall be held to have vacated their seats, and no elections of any members to the House of Representatives shall be deemed to have been void, on the ground only that such members of the Legislative Council and House of Representatives have heretofore been concerned or interested, or at the time of the passing of this Act are concerned or interested, in any contract or agreement contrary to the provisions of the said Act or of this Act; and such persons shall be and are hereby freed and discharged from and against all penalties forfeitures incapacities and disabilities whatsoever (if any) incurred or to be incurred by them or any of them for or by reason of any infringement by them or any of them of the provisions of the said Act or of this Act, by sitting or voting as members of the Legislative Council or House of Representatives during the present or any preceding Session of Parliament.
5 If action or suit brought, party may plead general denial and give this Act in evidence.
In case any action, suit, bill of indictment, or information shall have been or shall be brought carried or prosecuted against any member of the Legislative Council or House of Representatives for or on account of any penalty forfeiture incapacity or disability whatsoever incurred or to be incurred for or by reason of such infringement of the said Act or of this Act as aforesaid, he may plead a general denial, and upon his defence give this Act, and the special matter, in evidence upon any trial to be had thereupon.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Disqualification Act Amendment Act 1875
RSS feed link copied, you can now paste this link into your feed reader.