Voting papers to be destroyed by the Returning Officer
37. All voting papers shall be destroyed by the Returning Officer forthwith, after the declaration of the names of the persons duly elected.
Formation of Court for trial of complaints against the validity of returns by Returning Officer
38. For the purpose of forming a Court for the trial of any complaints which may be made against the validity of any returns made by the Returning Officers of the several electoral districts hereby created, the Legislative Council, within one week after its first meeting, and thereafter within one week after its first meeting subsequent to each election, shall supply the place of Members who shall retire by rotation, and the House of Assembly, within one week after the first meeting subsequent to every general election, shall elect, each out of its own body respectively, four persons to be Members of the said Court, and the junior or the sole acting Judge of the Supreme Court shall be the President of such Court.
Governor to appoint Members of Court, if Legislative Council or House of Assembly fail to elect
Nomination of Members of Court to supply vacancies
39. If the said Legislative Council or House of Assembly shall fail to elect the said four Members of the said Court within the said one week, such four Members may be nominated at any time afterwards by the President or Speaker, as the case may be; and if any Member shall be incapacitated to attend a meeting of the Court by reason of death, sickness, or any other impediment, his place shall be supplied by a person nominated for that purpose by the Legislative Council or House of Assembly respectively, or, in default of such nomination for the period of one week, by the President or Speaker.
Record of nomination of Members to be proof of proper constitution of Courts
40. The record of the election or nomination of the said Members of the said Court respectively shall be entered by the Clerk of the Legislative Council or House of Assembly on the proceedings of the Houses; and proof of such entry having been made shall be sufficient authority for the proper constitution of such Courts.
Courts not to proceed to business unless convened by the Legislative Council or House of Assembly
41. The said Courts respectively shall not proceed to any business unless convened by order of the Legislative Council or House of Assembly, nor until each Member thereof shall take the following oath of affirmation, as the case may be, which shall be administered by the President to each of the Members, and afterwards by any Member to the President.
