, 1865-03-21

granted 10 OulCldlS Oy y ) OF the Colonial
Law to decline accepting such election.
In the article it is stated that the said s,
"untortunately, like so many more see
tons OF the Law, invariably contains Il
sentence that neutraIises the whole sec
ton, so that after having read it, it simply
means, lt as so, or not 50, Just as you may
desire TO have it. The section SAYS
Every person who IS eligible Ia the ma
'nicipality is bound to accept election as
"a member of the Colonial Council, uaZsss
he has a valid ground of exemption
And further on it adds The same is
applicable to all o~ficiaIs.' Now, does
this mean hat all officials who have a
rahd ground shall be exempt, or that the
fact Of being an official is enough to Sc
cure exemption when the incumbent de-
sires it. This is a point that should re-
ceive a timely and definite decision, and
If it should prove, that an official can only
by exempt by producing a vahd ground,
then we are OF opinion they should be
content to bear their equal share of the
municipal burden alike with their fellow
men, as the only alloy to The many priyi-
leges they may otherwise possess"
This quotation from the Colonial Law
is however very incorrect, for in the Of
fetal translation Of the said law, the
clause referred to runs as follows:
1.-The persons thus elected are immeli-
ately to be notified thereof in writing by
the chairman of the Elective Board. Eve
ry person who is eligible in the munich
pality is bound to accept election as a
member Of the Colonial Council, unless
he has q valid ground Of exemption
Any person who Is 60 years old, or who
during the period of the last 6 years has
been a member either Of the hitherto
existing Burgher Councils or any Of the
Colonial Councils established by this law,
and has served for at least 4 vcaria, may
refuse TO accept election. The same is
applicable to all officials. If the person
elected does not within S days after the
election, provided he at the time is on
the island where the election has taken
place, or else within a period to be fixed
by the Board in each case, state in writ
Ing his reason for exemption, he shall be
regarded as having accepted the election.
But if a reason for exemption be stated IN
due time, the Board is to decide in a
meeting held for this purpose, whether
the reason given can be considered salts
factory, and if this be admitted to be the
case, a new election must take place, in
conformity with the prescribed rules"
1t scarceIy requires any very careful Pc
ruSal or examination Of this clause to place
it beyond a doubt, that the 5, while decIar-
ing that generally every person who is
eligible in the municipality is bound to
accept election, unless he has a valid
ground Of exemption, expressly mentions
certain instances in which an individual
has the right to decline to accept election,
viz when he has arrived at his Goth
year Of age, or when he has been filling
q seat either in the Burgher Councils or
in the Colonial Council in the specified
number of years,-and subsequently de-
cIares that officials also have the right of
refusing to accept election. In all other
cases the Elective Board has to decide
whether the reason given for declining
to accept an election can be considered
satisfactory ; but in regard to the cases
expressly mentioned, the Law has alrea-
dy determined that the excuses there sta.
ted are sufficient to procure exemption,