Electoral Act 1843 No 1a (NSW)

No. XVI.

An Act to provide for the division of the Colony of New South Wales into Electoral Districts and for the Election of Members to serve in

the Legislative Council. [23rd February,

1843.]

WH E R E A S H e r Majesty Queen Vic tor ia in t i tu led " An Act for the Government of

b y a n Ac t of the I m p e r i a l P a r l i a m e n t of Grea t Br i ta in

a n d I r e l and passed in t h e fifth and s ix th year of t he re ign of

New South Wales and Van Diemen's Land" i t was amongs t o ther th ings enacted t h a t t he r e should be w i th in t h e Colony of N e w South

W a l e s a Legis la t ive Council t o be cons t i tu ted in t he m a n n e r	and for	t he
purposes thereinaf ter ment ioned	and t h a t t he said Legis la t ive	Council

should consist of th i r ty - s ix member s twelve of w h o m should	be
appoin ted in t he m a n n e r there in ment ioned and twenty-four of	w h o m

should from t ime to t i m e in t he m a n n e r thereinaf ter men t ioned be

elected by the inhab i t an t s of t h e Colony and whereas by t h e said Ac t

i t was fur ther enacted t h a t t h e Legis la ture now by L a w establ ished w i th in t h e said Colony of N e w Sou th W a l e s should by ordinances to be for t h a t purpose m a d e and enacted in t h e m a n n e r and subject to t he condi t ions now by law required in respect of any ordinances m a d e and enacted by t h e said Legis la tu re m a k e al l necessary provisions for dividing t h e p a r t s of t he said Colony wi th in t h e boundar ies of location in to convenient Elec tora l Dis t r ic ts and for appoin t ing and declar ing t h e n u m b e r of M e m b e r s to be elected for each such distr ict and for t h e compilat ion and revision of l is ts of all persons qualified to vote a t t he elections to be holden wi th in such distr icts and for t h e appoin t ing

of	R e t u r n i n g Officers	and for t h e i ssuing execu t ing	and r e t u r n i n g	the
necessary wri t s for such elections and	for t a k i n g	t h e poll	t he rea t	a n d

for de te rmin ing t h e val idi ty of all d isputed r e t u r n s and otherwise for ensur ing the order ly effective a n d impar t i a l conduct of such elections provided t h a t t he Dis t r ic t of P o r t Ph i l l ip and the Towns of Sydney

a n d Melbourne should be Electora l Dis t r ic t s and t h a t t h e Dis t r ic t of

P o r t Phi l l ip should r e t u r n a t least five m e m b e r s t he Town of Sydney

should r e t u r n two m e m b e r s and t h e Town of Melbourne should r e t u r n

County

one m e m b e r provided also t h a t for t h e purposes of t h e said A c t

t h e b o u n d a r y of t h e Dis t r ic t of P o r t Ph i l l ip on t h e n o r t h and no r th ­

east should be a s t r a igh t l ine d r a w n from Cape H o w e to t he neares t source of t he River M u r r a y and thence t h e course of t h a t r iver to t he eas tern b o u n d a r y of t h e Province of Sou th Aus t ra l i a and whereas i t is expedient to fix t h e n u m b e r of Members to be r e tu rned to t h e said Legislat ive Council for t h e Dis t r ic t of Po r t Phi l l ip and o therwise to

provide for t h e division of the Colony in to convenient Elec tora l Dis t r ic t s

and for t h e several o ther m a t t e r s in t h e said reci ted A c t requi red Be

i t therefore enacted by H i s Excel lency t h e Governor of New South W a l e s wi th the advice of the Legislat ive Council thereof Tha t from and after t h e pass ing of th i s A c t t he Dis t r ic t of P o r t Phi l l ip shall r e t u r n five Members to serve in t h e Legis la t ive Counci l provided t h a t no pa r t of t h e Town of Me lbou rne shall for t h e purposes of th i s Act be t aken to form p a r t of t h e Dis t r ic t of P o r t Phi l l ip and t h a t t he other p a r t s of t he said Colony wi th in t h e boundar ies of location shall be divided in to Electora l Dis t r ic t s for t h e purpose of r e t u r n i n g Member s to serve

in t he Legislat ive Counci l in m a n n e r following t h a t is to say—all t h a t

p a r t of t h e said Colony now k n o w n and called by t h e n a m e of t h e

County of Cumber l and shal l be an Elec tora l Dis t r ic t and shal l r e t u r n two M e m b e r s to serve in t he said Council provided t h a t no p a r t of t h e City of Sydney nor any pa r t of t he Towns of P a r r a m a t t a Liverpool

Campbe l l town W i n d s o r or R i c h m o n d shall for t h e purposes of th i s

A c t be t a k e n to form p a r t of t h e said Coun ty of Cumber l and and

t h a t all t h a t p a r t of the Colony k n o w n b y t h e n a m e of t h e County of

N o r t h u m b e r l a n d shall be an Elec tora l Dis t r ic t a n d shall r e t u r n

one M e m b e r provided t h a t no p a r t of t h e Towns of E a s t Ma i t l and

or W e s t Ma i t l and or of Newcast le shall for t h e purposes of th i s

A c t form pa r t of t h e County of N o r t h u m b e r l a n d and t h a t the

Coun ty of Camden the County of Argy le t h e Coun ty of D u r h a m

t h e County of B a t h u r s t t he un i t ed sou thern Count ies of St. Vincent

a n d A u c k l a n d t h e un i ted south-western Counties of M u r r a y K i n g

a n d Georgiana t h e un i t ed Mid land Count ies of Cook and Wes t ­

more land t h e un i ted wes tern Counties of R o x b u r g h Phi l l ip and

We l l i ng ton t h e un i t ed no r the rn Count ies of Gloucester Macqua r i e

a n d Stanley and the un i ted nor th-wes te rn Counties of H u n t e r Br i sbane and Bl igh shall respectively form Elec tora l Dis t r ic ts and t h a t every such Elec tora l Dis t r ic t shal l r e t u r n one M e m b e r to servo in the

said Legis la t ive Council .

2. A n d be i t enacted T h a t t h e Town of P a r r a m a t t a in t h e

Coun ty of Cumber land t h e un i ted Towns of W i n d s o r R ichmond

Campbel l town and Liverpool in t he said Coun ty of Cumber land under

t h e denominat ion of t h e Cumber l and Boroughs and t h e un i t ed Towns

of E a s t Ma i t l and W e s t Ma i t l and and Newcas t le in t h e County of

N o r t h u m b e r l a n d unde r the denominat ion of t he N o r t h u m b e r l a n d

Boroughs shal l respectively form Elec tora l Dis t r ic ts and t h a t every

such Electora l Dis t r ic t shall r e t u r n one Member to serve in t h e said

Legis la t ive Counci l .

3 . A n d whereas t h e boundar ies of cer ta in of the Count ies

hereinbefore ment ioned have already been duly establ ished by Le t t e r s

P a t e n t u n d e r t h e P u b l i c Seal of t h e Colony dated t h e twenty-s ix th day of November one thousand eight h u n d r e d and thirty-five and pro­ cla imed unde r t h e h a n d and seal of t h e Governor of t he said Colony

under da te t h e twenty-seventh day of November of t he same year	Be
i t therefore enacted Tha t for t h e purposes of th i s A c t	t h e boundar ies

of t he said Counties shall be deemed and t aken to be t h e boundar ies set for th in t h e said Le t te r s P a t e n t and t h a t t he boundar ies of the other Count ies no t ment ioned there in shal l be such as by t h e Governor shal l be establ ished for t he purposes of th i s Ac t by any proc lamat ion to

be issued by h i m in t h a t behalf and publ i shed in t he New South	Wales
Government	Gazette.

4. A n d be it enac ted Tha t t h e Mayor of the City of Sydney shall be t h e R e t u r n i n g Officer of t he Electora l Dis t r ic t of Sydney unless he shall w i th in t en days previous to any election signify to t h e Governor his desire to be excused from ac t ing as such R e t u r n i n g Officer on t he g rounds e i ther of his i n t end ing to become a Candidate a t such election or of ill hea l th or inabil i ty to act and in t he event of h is so signifying to t he Governor his desire to be excused or his inabi l i ty to act or in t he event of the office of Mayor be ing vacan t i t shal l and m a y be lawful to t h e said Governor by any wr i t i ng unde r his hand and t h e seal of t h e Colony to appoin t some o ther fit and proper person to

be R e t u r n i n g Officer for t he said Elec tora l Dis t r ic t of Sydney.

5. A n d be i t enacted Tha t t h e Mayor of Melbourne shall be t h e R e t u r n i n g Officer of t he Elec tora l Dis t r ic t of Melbourne unless he shal l wi th in t en days previous to any election signify to t he Super in­ t enden t of P o r t Phi l l ip his desire to be excused ei ther on t h e g rounds of his i n t end ing to become a Candidate a t such election or of ill hea l th or inabi l i ty to act a n d in t he event of his so signifying to t h e said Super­

in t enden t

i n t enden t his desire to be excused or his inabi l i ty to	act i t shal l	a n d
m a y be lawful for t h e said Super in tendent	by any wr i t i ng under	h i s
h a n d	to appoin t some other fit and proper person to be	R e t u r n i n g

Officer for t h e said E lec to ra l Dis t r ic t of Me lbourne .

6. A n d be it enacted T h a t i t shal l a n d m a y be lawful for t h e

Governor to appoin t by any wr i t i ng unde r his h a n d and t h e Seal of t h e Colony a fit and proper person to be t he R e t u r n i n g Officer of each and every other Elec tora l Dis t r ic t in t h e Colony provided tha t t h e person so appoin ted be qualified to be an elector of t h e Elec tora l Dis t r ic t for which he shal l ac t and t h a t his appo in tmen t be notified in

t he usua l m a n n e r in t h e Government Gazette of t h e Colony and t h a t

in case of death sickness or o ther accident disabling any R e t u r n i n g Officer from ac t ing a t any election i t shall be lawful for t h e Governor at any t i m e to appoin t one or more person or persons to act in t he stead of such R e t u r n i n g Officer and every appo in tmen t of a R e t u r n i n g Officer made as aforesaid shal l be good and val id u n t i l such appoint­ m e n t shall be cancelled and some other person appointed to be R e t u r n i n g Officer by a wr i t i ng u n d e r t h e h a n d of t h e Governor and Seal of t he Colony.

7. A n d be i t enacted Tha t in t he City of Sydney and in t h e Town of Melbourne each ward of t h e said ci ty or town shall be a pol l ing place and t h a t each of t h e towns wh ich compose t h e Elec tora l Dis t r ic t s of t h e Cumber l and and N o r t h u m b e r l a n d Boroughs shall be a pol l ing place and t h a t in t h e County of Cumber l and the following places shal l be pol l ing places t h a t is to s ay—the City of Sydney t h e Town

of P a r r a m a t t a t h e Town of W i n d s o r t h e Town of Campbe l l town t h e

Village of P e n r i t h and t h e Town of Liverpool and t h a t in all o ther

Elec tora l Dis t r ic t s each of t h e places at which P e t t y Sessions a re usua l ly holden shall be a pol l ing place provided the re be a t such place a Clerk of t he Bench and also t h a t such other places shall be pol l ing places as shall be declared to be such by any proc lamat ion issued by t h e Governor fourteen days a t least before t h e day of any election.

8. A n d whereas by t h e said reci ted Act i t was also amongs t

o ther t h ings enacted t h a t t h e elective Members should be chosen by t h e votes of t h e electors each of w h o m should be ei ther in his own r igh t seised of or ent i t led to an es ta te of freehold in possession in lands or t enemen t s s i tua te wi th in t h e distr ict for which such vote is to be given of t he clear va lue of two h u n d r e d pounds s ter l ing money at t h e least above all charges a n d incumbrances in any way affecting t h e same or a householder wi th in such distr ict occupying a dwell ing-house of t h e

clear a n n u a l va lue of t w e n t y pounds s ter l ing money a t t h e least a n d

t h a t no person should be ent i t led to vote a t any such election as afore­ said unless he be of t h e full age of twenty-one years and a n a t u r a l b o r n subject of the Queen or should have been na tura l ized or should hold le t te rs of denizat ion according to law and t h a t no person should be ent i t led to vote a t any such election who should have been a t t a in t ed or convicted of any t reason felony or infamous offence w i th in any p a r t of H e r Majes ty ' s dominions unless he should have received a free p a r d o n or one condit ional on no t leaving t h e Colony for such offence or should have undergone t h e sentence or p u n i s h m e n t to which he should have been adjudged for such offence and t h a t no person should be ent i t led to vo te a t any such election as aforesaid unless h e should have been in possession of t h e es ta te or in occupancy of t h e house by reason of which h e is qualified to vote for a t least six calendar m o n t h s n e x t before t h e da te of t h e wri t for such election or in case a regis t ra t ion of electors should be establ ished in t h e Colony n e x t before t h e last regis t ra t ion of electors in t h e distr ict nor should any person be ent i t led to vo te a t any such election unless a t t h e t i m e of such election or regis t ra t ion of electors as t h e case m i g h t be he should have paid u p all ra tes a n d

taxes

taxes which should have become payable by h i m as owner in respect of such es ta te or as occupier in respect of such occupancy except such as should have become payable du r ing th ree calendar m o n t h s n e x t before such election or regis t ra t ion respectively and whereas i t is exped ien t t o form wi th in every Electora l Dis t r ic t a regis ter of all persons ent i t led to vote a t any election of a M e m b e r or Members of Counci l for such Elec tora l Dis t r ic t Be i t enacted Tha t on or before t h e t e n t h day of M a r c h in every year t h e Mayor of t h e City of Sydney and t h e M a y o r of t he Town of Me lbou rne shall appoint a person or persons to be called Collector or Collectors for each ward of the said town and ci ty and such Collector or Collectors shal l between t h e said t e n t h day of M a r c h and t h e t e n t h day of Apr i l in every year m a k e out a list to be called t he Elec tora l Lis t according to t he form of t h e Schedule to th i s A c t annexed m a r k e d A of all persons ent i t led to vote in elections for Member s of Council in respect to p roper ty wi th in such ward and shall sign such list and deliver t he same to t h e Town Clerk of t he said city or town and each Collector shall keep a t r u e copy of t h e list so delivered by h i m to be perused by every person wi thou t paymen t of any fee at all reasonable hours and t h e Town Clerk shall for thwith cause copies to be pr in ted of all such lists delivered to h i m and shall deliver a copy of any such list to any person requ i r ing the same on p a y m e n t of a reasonable price for each copy and shall cause a copy of the Elec tora l L i s t of each ward to be fixed on some publ ic and con­ spicuous bu i ld ing wi th in t h e ward on every day du r ing t h e week ending on the twent ie th day of Apr i l in every year.

9. A n d be it enacted Tha t in all o ther Electoral Dis t r ic ts t h e

Chief Constables of t he different pa r t s of t he said distr icts shall for the purposes of th i s Act be considered to be Collectors and shall between the t e n t h day of M a r c h and t e n t h day of Apr i l in every year m a k e out a lphabet ica l l ists as aforesaid of all persons ent i t led to vote in t he election of Members of Council wi th in t h e respective distr icts for which t hey act as Chief Constables and shal l deliver t h e said l ists to t h e Clerks of t h e Benches for t h e distr icts w i th in which they t h e said Chief Constables act and the said Chief Constables and the said Clerks of Benches shall do and perform in respect to t he said Electoral Dis t r ic ts t he dut ies respectively wherewi th t h e Collectors and Town Clerks as aforesaid are hereinbefore charged in respect to t h e said City of Sydney and Town of Melbourne .

10.    A n d be i t enacted Tha t whenever t h e Police Dis t r ic ts for t h e

ord inary dut ies of which such Clerks of Benches or Chief Constables

have been appointed shall form por t ions of two or more Elec tora l Dis­
t r ic ts such Chief Constables and Clerks of Benches shall m a k e sepa­

ra t e lists for each por t ion of t h e Police Dis t r ic t wh ich m a y be com­

prised wi th in a separate Elec tora l Dis t r ic t .

1 1 . A n d be it enacted T h a t t he Elec tora l Lis t s delivered to t h e

different Clerks of Benches shall be by t h e m ei ther p r in ted or fairly a n d legibly t ranscr ibed and h u n g u p for t h e period aforesaid of seven

days ending on t h e twen t i e th day of Apr i l in every year at t he Cour t

H o u s e in each Police Dis t r ic t and in such o ther conspicuous place or places as may by t h e Magis t ra tes in P e t t y Sessions assembled be directed.

12. A n d be i t enacted Tha t any person whose n a m e shall have

been omi t t ed in any such Elec tora l Lis t and who shal l c la im to have

his n a m e inser ted there in shall on or before t h e twenty-second day of Apr i l in every year give notice thereof to t h e Town Clerk or to the Clerk of t h e Bench as t h e case m a y be in the form of t h e Schedule to th i s Ac t annexed marked B or to t he l ike effect and any person whose n a m e shal l have been inser ted in any Elec tora l Lis t m a y object t o any other person as no t ent i t led to have his n a m e re ta ined in t h e said

Electoral

Elec tora l L i s t a n d any person so object ing shall on or before t h e twenty-second clay of Apr i l in every year give or cause to be given to the Town Clerk or Clerk of t h e Bench as t he case m a y be and also to t h e person objected to or leave a t the premises for which his n a m e shal l appear to be inser ted in t h e E lec tora l Lis t not ice thereof in wr i t i ng according to t he form in t h e Schedule to th i s Ac t annexed marked C or to t h e l ike effect and the Town Clerk or Clerk of the Bench shal l inc lude t h e names of all persons so c la iming to be inser ted on t h e Elec tora l Lis t in a list according to t h e form in t he Schedule to th i s Ac t annexed marked D a n d a list of all persons objected to in the form of the Schedule to th i s A c t annexed m a r k e d E and shal l cause copies of such several l ists to be fixed on t h e ou te r doors or walls of t h e publ ic or conspicuous bu i ld ings as aforesaid du r ing t h e e ight days n e x t preceding the first day of M a y in every year and the Town Clerk or Clerk of the Bench shall l ikewise keep a l ist of t h e names of all per­ sons so c la iming as aforesaid and also a list of t h e names of all per­ sons so objected to as aforesaid to be perused b y any person wi thou t paymen t of any fee at all reasonable hou r s d u r i n g the eight days (Sunday excepted) nex t preceding t h e said first day of M a y in every year and shal l del iver a copy of each of such lists t o any person requ i r ing t h e same on paymen t of a s u m no t exceeding one shi l l ing for each copy.

13 . A n d be it enacted Tha t in t h e City of Sydney and Town of Me lbourne the A l d e r m a n and Assessors of each ward shall hold an open Cour t w i th in such ward for t h e purpose of revising t h e Elec­ to ra l Lis ts thereof such revisions to t ake place a t such t ime as t h e said A l d e r m a n shall appoin t be tween the first day of M a y inclusive and the fifteenth day of M a y inclusive in each and every year t hey h a v i n g first given t en clear days ' not ice of t h e ho ld ing of such Cour t such not ice to be placed on t h e outer doors respectively of some publ ic and conspicuous bui ld ing wi th in t h e said wa rd and t h e Town Clerk or person ac t ing as such shal l a t t h e opening of t he Cour t of each ward produce t h e l ists re la t ing the re to and a copy of t he l ists of t h e

persons so c la iming and of t he persons so objected to m a d e out in	t h e
m a n n e r aforesaid and all Collectors of Ra t e s and persons ac t ing	as

Collectors unde r th i s A c t shal l on be ing there to summoned a t t end t h e Cour t and shall answer upon oa th all such quest ions as the Cour t m a y p u t to t h e m or any of t h e m touch ing any m a t t e r necessary for revis ing t h e Elec tora l Lis t s and t h e said A l d e r m a n shal l inser t in such lists respectively t he n a m e of every person who shall be proved to t h e satisfaction of t h e Cour t to be ent i t led to be inser ted there in and shal l r e t a in on t h e said l ists t h e names of all persons to w h o m no objection

shal l have been duly m a d e and shal l also re ta in on t h e said l ists t h e n a m e of every person who shall have been objected to by any person unless t h e pa r ty so objecting shall appear by himself or by some one on his behalf in suppor t of such objection and when t h e n a m e of any person inser ted in e i ther of the said lists shall have been duly objected to and the person objecting shall appear by himself or b y some one on his behalf in suppor t of such objection t h e Cour t shal l r equ i re proof of t h e qualification of t h e person so objected to and in case the qualification of such person shal l not be proved to t h e satisfaction of t h e Cour t t he said A l d e r m a n shal l expunge t h e n a m e of every such person from t h e said l ists a n d shall also e x p u n g e therefrom t h e n a m e of every person who shall be proved to» t he Cour t to be dead or to have become disqualified or incapaci ta ted and shal l correct any mi s t ake or supply any omission which shal l be proved to t h e Cour t to have been m a d e in a n y of t he said l ists in respect of t h e n a m e or place of abode of any person who shall be included there in or in respect of t h e local descript ion of his p roper ty Provided always t ha t no person ' s n a m e

shall be inser ted by t h e said A l d e r m a n in any such l ists or shall be

expunged

expunged therefrom except in t he case of death unless not ice shal l have been given as is hereinbefore requ i red in each of t he said cases Provided also t ha t no person who has declared himself a Candida te for elect ion for t h e City of Sydney or Town of Melbourne shal l act as A l d e r m a n or Assessor wi th in t he same for any of t h e purposes of th i s Act ,

14. A n d be i t enacted Tha t every A l d e r m a n holding any Cour t

u n d e r th is Act for t h e revision of t he said l ists shal l have power to ad journ t he same from t ime to t ime provided t h a t no such adjourned Cour t shall be held beyond t h e said fifteenth day of M a y and the said A l d e r m a n shall have power to requi re any person hav ing t h e custody of any booh conta in ing any ra t e m a d e for t he said city du r ing t h a t or t h e preceding year to produce t h e said book and allow t h e same to be inspected a t any Cour t to be held for t h e revision of t h e Electora l Lists and t h e said A l d e r m a n shall have power to adminis te r an oa th or oaths as well to t h e Town Clerk and to t h e Collectors as to all persons c la iming to be inser ted in or m a k i n g objection to t he omission or inser t ion of any n a m e in any of t he said lists and to all persons objected to in any such lists and to all persons c la iming to have any mis take in any such lists corrected and to all witnesses who m a y be tendered or examined on either side by which oa th t h e person under examina t ion shall be requi red to s ta te t h e t r u t h t h e whole t r u t h and no th ing b u t t he t r u t h re la t ing to the m a t t e r in h a n d and shall be l iable if he swear falsely in answer to any lawful quest ion p u t to him at such examina t ion to be prosecuted for per jury and t h e said Alder­ m a n shal l in open Cour t wr i te his ini t ials against t he names s t ruck out or inser ted and agains t any p a r t of t he said lists in which any mis takes shal l have been corrected and shal l sign his n a m e to every page of t he several l ists so sett led.

15. A n d be i t enacted Tha t t he Elec tora l Lis ts of each ward

so revised and signed as last aforesaid shall be delivered by t h e said A l d e r m a n to t h e Town Clerk who shall keep t h e same and shall cause each of t h e said Elec tora l Lis t s to be fairly and t r u l y copied in to an

a lphabet ica l list in books to be by h i m provided for t h a t purpose the

E lec tora l L i s t	of each ward	be ing k e p t	separate	w i th	every	n a m e
the re in n u m b e r e d	beg inn ing t h e	n u m b e r s	from t h e	first	n a m e	and

con t inu ing t h e m in a r egu la r series to t h e last n a m e and shal l cause such books to be completed on or before t h e twenty-second day of M a y in every year and shall deliver such books toge ther w i th t h e lists at t h e expi ra t ion of his office to t h e person succeeding h im in such office	and every such book in which the said Elec tora l Lis t s shall have been
copied shal l be the Roll of t h e Electors of t h e several wards of t h e city
or t o w n ent i t led to vote after t h e pass ing of th i s A c t in t he choice of Members of Counci l for t he said city or t own a t any election which m a y t ake place in t he said ci ty or t o w n be tween the first day of J u n e inclusive in t he year wherein such Elec tora l Lis t s shall have been m a d e and t h e first day of J u n e in t h e succeeding year .
16. A n d be it enac ted Tha t t he Town Clerk shall cause copies of t he E lec tora l P o l l in every year to be wr i t t en or p r in ted and shal l
deliver to t h e A l d e r m a n of each ward one copy of t h e Elec tora l Lis t of such ward and fur ther copies to all persons app ly ing for the same on p a y m e n t of a reasonable price for each copy.

1 7 . A n d in order to provide for t h e revision of t he Electoral

Lists in al l Electoral Dis t r ic ts save those of t he City of Sydney and the Town of Melbourne Be it enacted Tha t Cour t s of Pe t t y Sessions shall be Cour ts for t he revision of t h e said l ists and t h a t such Cour ts shall be held a t each place of P e t t y Sessions hav ing a Clerk of t he Bench in t h e Colony at t h e t imes and in t he m a n n e r t h a t Cour t s a re hereinbefore directed to be held for t h e revision of t h e E lec tora l Lists in t he several

4	D — V O L .	2.	wards
wards of t h e City of Sydney and	Town of Me lbou rne	P rov ided	t h a t

in such Cour t s of P e t t y Sessions t h e Police Mag i s t r a t e if the re be one shall perform all a n d every th ing which is hereinbefore directed to be performed by t h e A l d e r m a n of t he ward in t h e City of Sydney or Town of M e l b o u r n e or if t he r e be no Police Mag i s t r a t e t h e n t h e senior Mag i s t r a t e res ident in t h e distr ict w ho shall be present at any Cour t of P e t t y Sessions held for the purpose of revis ing the said l ists shal l perform t h e same and the o ther Magis t ra tes resident in t he Police Dis t r ic t where in such Cour t of P e t t y Sessions shal l be held and a t tend­ ing the same shal l do eve ry th ing which is hereinbefore directed to be performed by t h e Assessors in any ward w i th in t he City of Sydney or Town of Melbourne and t h e Clerk of t h e Bench of every Police Distr ic t shall as far as m a y be necessary perform the dut ies which are herein­ before directed to be performed by t h e Town Clerk of t h e City of Sydney or Town of Me lbourne Provided however t ha t it shall no t be necessary for any Clerk of a Bench to cause any list to be p r in t ed unless he shall be directed so to do by t h e Magis t ra tes in P e t t y Sessions assembled b u t t h a t it shal l be sufficient to have such l ists fairly copied or t ranscr ibed and provided also t h a t no person who has declared h im­ self a Candida te for election in any E lec to ra l Dis t r ic t shall act as a Mag i s t r a t e at any P e t t y Sessions holden for t he purposes of th i s Ac t wi th in the distr ict for which h e shall have so declared himself a Candi­ date Provided fur ther t h a t in t he event of a deficiency of Magis t ra tes t he Governor m a y appoint o ther persons to per form any of t he dut ies here in directed to be performed by Mag i s t r a t e s in P e t t y Sessions assembled.

18. A n d be i t enacted Tha t no elector c la iming to regis ter h is vote in any Elec tora l Dis t r ic t shall be obliged to appear in person to m a k e proof of t he n a t u r e a n d sufficiency of his qualification unless required by the Cour t of P e t t y Sessions a t which he shall apply to be regis tered to a t t end in person Provided however t ha t if such personal

a t t endance be rendered requis i te on t he appl icat ion of any pa r ty

objecting to a c la imant ' s r igh t to regis ter his vote such pa r ty if h is objection be disallowed shal l defray such expenses as t h e Cour t shall award for c l a iman t ' s a t t endance which expenses so awarded shall be

recoverable in any Cour t of competen t ju r i sd ic t ion in which t h e	pa r ty
ent i t led t he re to shall sue for t h e	same.

19. A n d be it enacted Tha t in all E lec tora l Dis t r ic t s except

those of Sydney a n d Me lbou rne t h e Clerks of t he different Benches shal l on or before the first day of J u n e in every year deliver t he several

E lec tora l Lis t s revised in t h e m a n n e r hereinbefore directed to t h e

R e t u r n i n g Officer of t h e said district who shall cause a general a lphabet ical l ist of t he electors of t h e whole Electora l Dis t r ic t to be

fairly t ranscr ibed or p r in t ed wi th as l i t t le delay as possible and such

general list shal l be t he Elec tora l List or R o l l of Elec tors ent i t led to

vote in each respect ive E lec tora l Dis t r ic t a t all elections t h a t m a y t ake place of Member s of t he Legislat ive Counci l be tween the first day of J u n e in t h e year where in such Elec tora l Lis t s shal l have been pre­

pared a n d t h e first day of J u n e in t h e year nex t ensu ing .

20. A n d be i t enacted Tha t wr i t s for t h e election of Member s

to serve in t h e Legislat ive Counci l for t he said Elec tora l Dis t r ic t s shall be issued b y t h e Governor of N e w South W a l e s directed to t he R e t u r n i n g Officer of each district in which wri t s shal l be named the day of nomi­ na t i on for such elections a n d in t h e event of such elections be ing contested t he day for t a k i n g the poll a t t he different pol l ing places a n d also t he day on which such wr i t s shall be made re tu rnab le to t he said Governor Provided always t h a t no such wri t s shall be dated or issued less t h a n t e n nor more t h a n t h i r t y days previous to the days respectively named the re in for the holding of t h e elections and tha t t he day on

which

which t h e wr i t is to be r e tu rnab l e shal l no t be fixed for any place in

the cen t re or middle Dis t r ic t of t h e Colony la ter t h a n fourteen days

nor for any place in t h e Po r t Phi l l ip or More ton Bay Dis t r i c t s la te r

t h a n twen ty -e igh t days after t h e hold ing of such election.

2 1 .    A n d be i t enacted Tha t all wri ts to be issued for t he election

of M e m b e r s of Council unde r th i s Act shal l be framed in any m a n n e r and form wh ich m a y be necessary and sufficient for car ry ing t h e provisions of th i s A c t in to effect.

22. A n d be it enacted T h a t at every election in any pol l ing place t h e R e t u r n i n g Officer if i t shal l appear to h i m expedient for t a k i n g t h e poll a t such election m a y cause booths to be erected or rooms to be hired and used as such booths in one place or in several places a t each pol l ing place as occasion m a y requi re a n d t h e same shall be so divided and al lot ted in to compar tmen t s as to t h e R e t u r n i n g Officer shall seem most convenient and the R e t u r n i n g Officer shall appoin t a clerk to t ake t h e poll a t each compar tmen t and shal l before t h e day fixed for t he election if t he re be a contest cause to be furnished for t h e use of each booth or pol l ing place a copy of the Elec tora l Lis t of each Dis t r ic t and shall unde r his h a n d certify such copy to be t r u e .

23. A n d be i t enacted Tha t in t h e City of Sydney a n d Town of

M e l b o u r n e each a n d every elector shal l be requi red to vote a t t he

pol l ing place for t h e wa rd where in	t he	p roper ty shall be s i tuated	in
respect to which his n a m e shall	s t and on t h e Elec tora l Ro l l	b u t	t ha t

t h e regis tered electors of o ther Elec tora l Dis t r ic ts m a y vote at any pol l ing place appointed for t he Elec tora l Dis t r ic t to which they belong whe the r such pol l ing place be s i tua te wi th in the i r Elec tora l Distr ic t

or not .

24. A n d be it enacted Tha t n o t h i n g in th i s Ac t conta ined shall

be const rued to prevent t he t ak ing of polls for different Elec tora l Dis t r ic t s a t t h e same pol l ing place Provided however t h a t when polls for two or m o r e Elec tora l Dis t r ic ts shall be t a k e n a t t h e same pol l ing place separate booths or rooms shal l be appoin ted for each separate Elec tora l Dis t r ic t and t h a t a depu ty and such pol l ing clerk or c lerks as may be necessary shal l bo appointed for each such room or booth by t h e R e t u r n i n g Officer of t h e Elec tora l Dis t r ic t to which such room

or booth m a y be al lot ted and t h a t t h e n a m e of such Elec tora l Distr ic t

be affixed on t h e most conspicuous pa r t of t h e said room or booth.

25. A n d be i t enacted Tha t t he R e t u r n i n g Officer of each

Electora l Dis t r ic t shall preside at one pol l ing place wi th in or a l lot ted
to his dis tr ict and t h a t he m a y appoin t a deputy to act for h i m and t ake

t h e poll a t each of t he other pol l ing places Provided t h a t such deputy be appoin ted by a wr i t i ng unde r t h e h a n d of t h e said R e t u r n i n g Officer and such wr i t i ng be posted u p a t t he Cour t House of t h e Police Dis t r ic t wi thin which t h e said pol l ing place m a y be s i tua te at least seven days before t h e day of election Provided also t h a t in t h e Elec tora l Distr ic ts of Sydney and Melbourne t h e A lde rmen of t h e different wards shall be t h e deputies of t h e R e t u r n i n g Officer unless p reven ted by il lness or o ther adequa te cause in which case t h e Mayor of Sydney or Me lbourne as t he case m a y be shall appoin t a deputy from a m o n g the Council lors

be long ing to t h e wa rd of the A l d e r m a n so unab le to act .

26. A n d be i t enacted Tha t where t he proceedings a t any election shal l be i n t e r r u p t e d or obs t ructed b y any r iot or open violence w h e t h e r such proceeding shal l consist of t he nomina t ion of candidates or of t h e t a k i n g t h e poll t h e R e t u r n i n g Officer or t h e depu ty of any R e t u r n i n g Officer shal l not for such cause t e rmina t e t h e business of such nomina t ion nor finally close the poll b u t shall adjourn t he nomi­ na t ion or t he t a k i n g the poll at the pa r t i cu la r pol l ing place or places at

which such in t e r rup t ion or obs t ruc t ion shall have happened unt i l t he

following

following day a n d if necessary shall fur ther adjourn such nomina t ion or poll as t h e case m a y be u n t i l such in t e r rup t ion or obs t ruc t ion shal l

have ceased w h e n t h e R e t u r n i n g Officer or his depu ty shal l aga in

proceed wi th t h e business of t he nomina t ion or w i th t h e t a k i n g t h e poll as t h e case m a y be a t t h e place or places a t which t h e same respec­ t ively m a y have been in t e r rup ted or obs t ruc ted and t h e day on which the business of t h e nomina t ion shal l have been concluded shall be deemed to have been t h e day fixed for t h e election a n d t h e commence­ m e n t of t h e poll shall be regula ted accordingly and any day whereon the poll shal l have been so adjourned shall no t as to such place or places be reckoned t h e day of pol l ing a t such election wi th in t h e m e a n i n g of th i s Ac t and whenever t h e poll shall have been so adjourned by any depu ty of any R e t u r n i n g Officer such deputy shal l

for thwith give not ice of such ad journment to t h e R e t u r n i n g Officer

who shall no t finally declare t he s ta te of t h e poll or m a k e proclama­

t ion of t h e Member or M e m b e r s chosen u n t i l t h e poll so adjourned a t such place or places as aforesaid shal l have been finally closed and

t h e poll books delivered or t r ansmi t t ed to such R e t u r n i n g Officer.

27. A n d be i t enacted T h a t t h e R e t u r n i n g Officer of each

E lec to ra l Dis t r ic t shall endorse on t h e wr i t t h e day on wh ich h e

received it and t h a t w i th in four days from t h e da te of his receiving i t he shal l give publ ic not ice of t he day of nomina t ion which shal l be t h e day on wh ich t h e election is directed by t h e wr i t to be holden.

28. A n d be it enac ted T h a t on t he day of nomina t ion which

shal l be on t h e day of election named in t h e wr i t t h e R e t u r n i n g Offi­ cer shall preside at a mee t ing to be holden at noon a t t h e chief pol l ing place of each Electora l Dis t r ic t and shal l declare t h e purpose for wh ich such m e e t i n g is held and if t he re be at such m e e t i n g no more Candidates proposed t h a n t h e n u m b e r of M e m b e r s to be r e t u r n e d the R e t u r n i n g Officer shall declare such Candidate or Candidates to be duly elected and m a k e his r e t u r n accordingly and t h a t in t he event of there be ing more Candidates t h a n the n u m b e r to be elected t h e R e t u r n i n g Officer shall call for a show of hands separate ly in favour of each Candi­ da te and after such show of hands shal l declare t h e person or persons on w h o m t h e election has fallen and shal l r e t u r n t he same accordingly unless a poll be demanded by some of t h e Candidates or by no t less t h a n six electors on his behalf and on such demand being made for a poll t h e pol l ing shall commence a t t he different pol l ing places for t h e distr ict as near ly as m a y be at n ine o'clock in t he forenoon of the day

appointed b y the Governor in t h e wr i t for t a k i n g t h e poll a t t h e
different pol l ing places a n d no poll shal l be kep t open la ter t h a n	four
of t he clock in t h e afternoon.

29. A n d be i t enacted T h a t the election of Members of Counci l at each pol l ing place shall be held before t h e R e t u r n i n g Officer or h is depu ty and the vo t ing at every such election shall commence at n ine o'clock in t he forenoon a n d shal l finally close a t four o'clock in t h e afternoon of t he same day and shall be conducted in m a n n e r following t h a t is t o say every elector ent i t led to vote in t h e election of Member s of Counci l m a y vote for a n y n u m b e r of persons n o t exceeding the

n u m b e r of M e m b e r s t h e n to be chosen by del iver ing to t h e said

R e t u r n i n g Officer or his depu ty a vo t ing paper con ta in ing t h e Chr is t ian names and su rnames of t he persons for w h o m he votes such paper be ing previously signed wi th t h e n a m e of t h e elector vot ing and wi th t he n a m e of t h e place in which t h e proper ty for which he appears

on t he Elec tora l Rol l is s i tuated.

30. A n d be i t enac ted Tha t no inqu i ry shall be pe rmi t t ed a t

any election as to t h e r i gh t of any person to vote except only as follows t h a t is t o say t h a t t h e R e t u r n i n g Officer or his depu ty shall if

r equ i red by any two electors ent i t led to vote in t he same Elec tora l
Dis t r ic t

Distr ic t p u t to a n y voter at t he t ime of his delivering in his	vo t ing
paper and no t af terwards t h e following quest ions or any of t h e m	and
no	o the r—

F I R S T — A r e you the person whose n a m e is signed as A. B . to

t h e vo t ing paper now delivered in by you ?

S E C O N D — A r e you the person whose n a m e appears as A. B . in t he

Elec tora l Rol l now in force for th i s Electora l Dis t r ic t be ing registered the re in for p roper ty described to be s i tua ted in (here specify the street or place described in the Electoral Roll) ?

T H I R D — H a v e you al ready voted a t t h e present election ?

F O U R T H — H a v e you t h e same qualification for which your n a m e

was or iginal ly inser ted in t he E lec tora l Ro l l for t h e

Dis t r ic t of (specifying in each case the particulars	of the
qualification	as described, in the Register) ?

A n d no person requi red to answer any of t h e said quest ions shall be pe rmi t t ed or qualified to vote u n t i l he shall have answered the same a n d if any person shall wilfully m a k e a false answer to any of t h e quest ions aforesaid he shal l be deemed gui l ty of a misdemeanor and may be indicted and pun i shed accordingly a n d the R e t u r n i n g Officer or his depu ty shal l if r equ i red on behalf of any candida te or his agent at t h e t ime aforesaid adminis te r an oath or in case of a Quake r or Morav ian an affirmation to any voter in t he following form tha t is to say—

" You do swear (or be ing a Quake r or Morav ian do affirm)
" t h a t you are t he same person whoso n a m e appears as

" A . D . on t he Register now in force for t h e Elec tora l

" Dis t r ic t of (as t he case m a y be) .

" So help you God ."

And no elector shall hereafter at any such election be required to t ake an oa th or affirmation except as aforesaid ei ther in proof of his freehold or of h is residence age or qualification or r i gh t to vo te any law or s t a tu t e local or general to the cont ra ry no twi ths t and ing and no person cla iming to vote a t any such election shall be excluded from vot ing the rea t except by reason of i ts appear ing to t h e R e t u r n i n g Officer or his depu ty upon p u t t i n g such quest ions as aforesaid or any of t h e m t h a t t he person so c la iming to vote is no t t he same person whose n a m e appears on such regis ter as aforesaid or t h a t h e has previously voted at t h e same election or t h a t he has not t h e same qualification for which his n a m e was originally inser ted in such regis ter or except by

reason of such person refusing to t ake t he said oa th or m a k e the said	affirmation or to t ake or m a k e t h e following oath or affirmation
against b r ibe ry— " I A . B . do swear (or be ing one of t he people called Quaker s

" I A. B . do solemnly affirm) I have no t received or had " by myself or any person whatsoever in t r u s t for m e or " for m y use and benefit directly or indi rect ly any s u m or " sums of money office place of emo lumen t gift or reward " or any promise or securi ty for any money office employ- " m e n t or gift in order to give m y vote at th is election. " So help me God ."

3 1 . A n d be i t enacted Tha t each D e p u t y R e t u r n i n g Officer

shall immediate ly on t h e close of the poll collect a n d seal u p all the vo t ing papers which have been t a k e n at t he pol l ing place wherea t he presided and shall w i th t he least delay possible deliver or cause t h e same to be delivered to t he R e t u r n i n g Officer of t he Electora l Dis t r ic t .

32. A n d be i t enacted T h a t t he R e t u r n i n g Officer of each

Elec tora l Dis t r ic t shal l at t h e place of nomina t ion and as soon as may be pract icable after t h e election shall have been held openly declare;

t h e

t h e general s ta te of t he poll a t t h e close of t h e election as t he same

shal l have been made u p by h i m from the vo t ing papers kep t a t t he several pol l ing places a n d he shal l a t t h e same t ime and place declare t h e n a m e or n a m e s of t h e person or persons w ho m a y have been duly elected a t such election and in t h e event of t h e n u m b e r of votes be ing found to have been equal for any two or more Candidates he shall by his cas t ing vote or votes decide which of t h e same Candidates shal l be elected Provided however t h a t no R e t u r n i n g Officer shal l vote at any

election for t h e Elec tora l Dis t r ic t of which he is t h e R e t u r n i n g Officer

except in t h e case of an equal i ty of votes as aforesaid Provided also

t h a t it shal l a n d m a y be lawful for any A l d e r m a n of t h e City of Sydney and of t he Town of Me lbou rne respectively no t be ing the R e t u r n i n g Officer thereof and for t h e deputy of any R e t u r n i n g Officer

in any other E lec tora l Dis t r ic t to vote a t any election for t he E lec to ra l

Dis t r ic t i n l ike m a n n e r as if he had n o t been appoin ted and acted as

such deputy .

33 . A n d be i t enacted Tha t t h e n a m e or names of t h e person

or persons so elected shal l be inser ted in or endorsed on t h e writ by t h e R e t u r n i n g Officer and t h e wr i t r e t u r n e d to t h e Governor wi th in

t h e t ime by which	according to t h e provisions of th i s Ac t t h e	same
m a y	be	r e tu rnab le .

34. A n d be i t enac ted T h a t all vo t ing papers shall be sealed

u p by t h e R e t u r n i n g Officer and t r a n s m i t t e d w i t h t h e wr i t to t he

Governor .

35 . A n d be it enacted T h a t no vo t ing paper shall be rejected by t h e Re tu rn ing Officer for m e r e w a n t of form provided t h a t t he n a m e a n d designat ion of the pa r ty s igning the paper and the n a m e or names of t h e p a r t y or par t ies conta ined in i t be intel l igibly expressed

and in a m a n n e r to be commonly	unders tood .
36. A n d whereas it is expedient and necessary to provide a Cour t for t h e t r i a l of any compla in ts which may be made aga ins t	t h e

val idi ty of a n y r e t u r n s m a d e by t h e R e t u r n i n g Officers of t h e several

E lec tora l Dis t r ic ts created by th i s A c t Be i t enacted Tha t for t h e purpose of forming such Cour t t h e Governor of t h e Colony shal l w i th in th ree days after t he first mee t ing of t he said Legislat ive Counci l to be const i tu ted as aforesaid n a m e two persons to be Member s of t h e said Cour t—such two persons not be ing Member s of the said Counci l and t h a t also wi th in th ree days after t h e said first mee t ing of t h e said Council t he Council shall elect ou t of i ts own body two persons to be M e m b e r s of t he said Cour t a n d t h a t also w i th in t h e same per iod t h e

Chief Ju s t i ce of the said Colony shall nomina t e one person to be

Pres iden t of t h e said Cour t who shal l be a Bar r i s te r of E n g l a n d or

I r e l and or a n Advocate of Scot land of at least five years s tanding .

37. A n d be it enacted Tha t if t h e said Governor shall fail to nomina t e t h e two Members as aforesaid w i th in t h e said th ree days t he r i gh t of nomina t ion of t h e said two Member s to be n a m e d b y t h e Governor m a y at any t i m e af terwards be exercised by t h e said Counci l according to t he major i ty of the i r votes and t h a t if t h e said Council or t h e said Chief Ju s t i ce shall fail to elect or n o m i n a t e t h e said o ther two M e m b e r s and the Pres iden t of t h e said Cour t w i t h i n t h e said th ree days such other two Members a n d such Pres iden t m a y be nomina t ed

a t any t i m e af terwards by t h e said Governor .

38. A n d be it enacted T h a t if after t h e full n u m b e r of t h e

Cour t shall have been completed any M e m b e r shall be incapaci ta ted to a t t end a mee t ing of t he Cour t by reason of dea th sickness or a n y o ther imped iment his place shall be supplied by a person nomina t ed for t h a t purpose by the person or t he au thor i ty whereby the Member so dying or so rendered unab le to a t t end was nomina ted or in default of

such nomina t ion by t h e Governor .

39. A n d be i t enacted Tha t t h e record of t he nominat ion or

election of t he said Members of t he said Cour t shall be entered by t h e Clerk of t h e Counci l on t he proceedings of t h e Council and t h a t proof of such en t ry hav ing been m a d e shall he sufficient au thor i ty for

t h e proper cons t i tu t ion of such Court .

40 . Provided however and be i t enacted Tha t the said Cour t shal l no t proceed to any business unless convened by order of the Governor nor un t i l each Member compris ing it shall t a k e t he following oath which oath shal l be adminis te red by t h e Pres iden t to each of the

M e m b e r s and af terwards by any M e m b e r to t h e P res iden t—

" I A. B . do swear t h a t I will duly adminis te r J u s t i c e in all

" ma t t e r s which may be b r o u g h t before th i s Cour t and

" t h a t I will decide in all such m a t t e r s according to t he

" pr inciples of good faith and equi ty wi thou t par t ia l i ty " favour or affection and according to t h e best of m y under - " s t and ing—So he lp me God."

4 1 . A n d be it enacted Tha t t h e Cour t t h u s const i tu ted shall

have power to inqui re in to all cases which may be b rough t before it by t h e Governor respect ing d isputed r e t u r n s of Members to serve in t h e said Legis la t ive Counci l whether such disputes arise out of an alleged error in t h e r e t u r n of t he R e t u r n i n g Officer or out of t he al legation of br ibery or cor rupt ion agains t any person concerned in any election or out of any other al legat ion calculated to affect the

val idi ty of t h e r e tu rn .

42. A n d be i t enacted Tha t in t he t r ia l of any compla in ts as

aforesaid t h e Member s of t h e said Cour t shal l be guided by the real jus t ice and good conscience of t he case wi thou t regard to legal forms and solemnities and shal l direct themselves by t h e best evidence t ha t t hey can p rocure or t h a t is laid before t h e m whe the r t h e same be such evidence as t h e law would requi re in o ther cases or not .

4 3 . A n d be i t enacted Tha t t h e said Cour t shall have power to

adjourn i t s s i t t ing from t ime to t ime as in i ts discretion it m a y th ink

proper provided t h a t t h e in terval of ad journment shal l no t in any

ins tance exceed two days and t h a t t h e said Cour t shall be competent

t o regu la te t h e form of i ts own proceedings b u t t h a t such proceedings shall in no one case ex tend beyond t h e period of five s i t t ing days and t h a t if no decision be adopted wi th in five s i t t ing days t h e President

of t h e Cour t	shall on such evidence as m a y t h e n be before t he Cour t
p ronounce a decision	and t h a t every decision whe the r so p ronounced
by the Pres iden t or b y a full Cour t shall be final and conclusive
wi thou t	appeal .

44. A n d be it enacted Tha t t he Cour t shall no t have power to

inqui re in to t h e correctness of the Regis te r of any Elec tora l Dis t r ic t or in to t h e qualification of persons whose votes may on t h e day of election have been e i ther admi t t ed or rejected b u t s imply in to the

ident i ty of t he persons and whe the r t he i r votes were improper ly

admi t ted or rejected a s suming the Regis te r to be correct .

45 . A n d be it enacted Tha t t h e P res iden t of t h e Cour t shall

be pa id live guineas for each day t h e said Cour t shal l sit t he o ther M e m b e r s serving gra tu i tous ly and tha t t h e said sum of five guineas per d iem be defrayed in t he first ins tance by t h e Candidate or o ther p a r t y p re sen t ing a pe t i t ion agains t t he r e t u r n who shall be ent i t led to recover t h a t amoun t and any other costs or expenses t h a t may be awarded to h i m by the Court unde r t he h a n d of t h e Pres ident by act ion of debt from t h e Candidate against whose r e t u r n t h e pe t i t ion shall have been presen ted if he shall succeed in se t t ing aside t he r e t u r n otherwise all such costs charges and expenses m u s t devolve on t h e

pe t i t ioning Candida te or o ther pa r ty pe t i t ion ing agains t the r e tu rn .

46. A n d be i t enacted T h a t all compla in ts of t h e u n d u e r e t u r n

of Member s to serve in t h e said Legis la t ive Counci l shal l be addressed in the form of a pet i t ion to t h e Governor and t h a t no pet i t ion shall be noticed no r any proceedings had the reon unless it shall have been addressed to t h e Governor by a person who was a Candidate a t t h e election whereof i t m a y be alleged t h a t an u n d u e r e t u r n has been m a d e or by a n u m b e r of persons who e i ther voted or were qualified to have voted at t h e said election a m o u n t i n g to not less t h a n one t e n t h of t h e whole n u m b e r on the list of electors a n d n o pet i t ion shal l be not iced which shal l no t be received by t h e Governor wi th in twenty-one days from t h e day of election if proceeding from a n y p a r t of the Middle Distr ic t of t he said Colony or wi th in th i r ty-s ix days if from ei ther t h e

N o r t h e r n or Southern Dis t r ic t .

47. A n d be it enacted T h a t t h e Governor w i th in t en days after

any such pe t i t ion shal l have been duly received by h i m if t h e Legisla­ t ive Council be t h e n s i t t ing or if t he Council be n o t t h e n s i t t ing wi th in t en days after i ts nex t mee t ing following the receipt of t he said pet i t ion shal l cause t h e same to be referred to t h e Cour t above-ment ioned and cause a copy of t h e same to be at the same t i m e presented to t he said

Legis la t ive Council .

48 . A n d be it enacted That t h e said Cour t in hear ing and

deciding on t h e mer i t s of every such pet i t ion shall be guided b y the pr inciples of good faith and equi ty and shall receive or reject a t the i r discretion any evidence t h a t m a y be tendered to t h e m and shal l have power to compel t h e a t t endance of witnesses a n d to examine t h e m on oa th and if t h e said Cour t shall declare t h a t any person was no t duly elected w ho was r e t u r n e d as elected by t h e R e t u r n i n g Officer of any Electoral Dis t r ic t t h e person so declared to have been no t duly elected shall cease to be a M e m b e r of t h e Counci l and if t he said Cour t shal l declare any person to have been duly elected who was n o t r e t u r n e d by any R e t u r n i n g Officer t h e person so declared to be duly elected shall be sworn a M e m b e r of t h e said Council and t ake his seat accordingly and if t he said Council shall declare any election to have been abso­ lu te ly void i t shall be lawful for t h e Governor on the same be ing certified to h i m by t h e Pres iden t of t h e Cour t to issue a new wr i t for t he ho ld ing of ano the r election such wr i t t o be issued wi th in t en days after such certificate shal l have been m a d e to t he Governor .

49. A n d for t h e prevent ion of br ibery or cor rup t ion a t any

election Be i t enacted T h a t from a n d after t h e pass ing of th is Ac t

all and each of t h e following acts shall be deemed and t aken to be acts of

b r ibe ry a n d co r rup t ion on the pa r t of any Candidate whe the r commi t t ed by such Candida te or b y any agen t au thor ized to act for h i m — t h a t is to say t h e giving of money or any o ther art icle whatsoever cockades included to any elector w i th a view to influence his vote or t h e ho ld ing out to h i m any promise or expecta t ion of profit advancement or enrich­ m e n t in any shape in order to influence his vote or m a k i n g use of any th rea t to any voter or otherwise in t imida t ing h i m in any m a n n e r with a view to influence his vote t he t r ea t ing of any voter or t h e supply ing h im wi th mea t d r ink lodging or horse or carr iage h i re or conveyance by s team or otherwise whi ls t at such elect ion or whils t engaged in coming to or going from such election t he p a y m e n t to any elector of any s u m of money for ac t ing or jo in ing in any procession du r ing such election or before or after t h e same t h e keep ing open or a l lowing to be kep t open any publ ic-house shop booth or ten t or place of en ter ta in­ men t whe the r l iquor or refreshment of any k ind be dis tr ibuted a t such place of en te r t a inment or not t he g iving of any dinner supper break­ fast or other en t e r t a inmen t a t any place whatsoever by a Candida te to any n u m b e r of persons wi th a view of influencing the i r votes.

50. A n d he i t enacted Tha t t h e commission of any one of the above-ment ioned acts shall on proof thereof by t h e decision of t h e above-ment ioned Cour t he held to render void t h e election of t he person commi t t i ng such act and to disqualify h i m from si t t ing and vot ing in

t h e said Legislat ive Council dur ing t h e whole period t h a t may	in tervene
be tween t h e commission of t he same and the t ime of t he n e x t	General
Elect ion.

5 1 . A n d be it enacted T h a t t h e acts of all author ized agents of

a Candida te or Member shall in ma t t e r s connected wi th elections	be
held to be t he	acts of the i r pr inc ipal provided t h a t i t shall be proved
to t h e satisfaction of the above-ment ioned Cour t t h a t such acts	were
commi t t ed wi th his knowledge power or consent.

52. A n d be i t enacted Tha t if any of t h e above-mentioned acts hereby declared to be acts of br ibery and corrupt ion shall be com­ m i t t e d by any person not t he author ized agen t of any Candidate or M e m b e r t he person so commi t t ing or hav ing commit ted t h e m shal l be deemed gui l ty of a misdemeanor and m a y be indicted for such act or acts as for a misdemeanor in t he Supreme Cour t of t he Colony or in any Cour t of Q u a r t e r Sessions and punished wi th fine n o t exceeding-

two h u n d r e d pounds or impr i sonment not exceeding six calendar	m o n t h s
on the pla int of H e r Majesty 's A t to rney Genera l or of any	regis tered
elector	of t he distr ict wherein such act of b r ibe ry or corrupt ion shall

be alleged to have been commit ted.

53 . A n d be it enacted T h a t if any person who shal l have or c laim to have any r igh t to vote in any election of a Member or Member s of Council for any Elec tora l Dis t r ic t shall directly or indirect ly ask receive or t ake any money or o ther reward by way of gift employment or other reward whatsoever for himself or any of his family or k indred to give his vote or to abs ta in from giving his vote in any such election or if any person by himself his friends or by any person employed by h i m shall by any gift or reward or by any promise and agreement or secur i ty for any gift or reward cor rupt or procure any person or persons to give his or the i r vote or votes in any such election or to abs ta in from giving t h e same such person shall for such offence forfeit t h e s u m of fifty pounds s ter l ing to the person who shall first sue for t he same to be recovered wi th full costs by act ion of debt bill p la int or informat ion in t he Supreme Cour t a t Sydney or a t P o r t Phi l l ip respectively or in any Circuit Court of t h e Colony.

5 1 . A n d be i t enacted Tha t every person who shall poll a

purpose of pol l ing a t such election shall be gui l ty of a misdemeanor	second t ime or offer to poll a second t ime a t the same election for any Elec tora l Dis t r ic t or who shall personate any other person for t h e
and upon being thereof convicted shall be imprisoned for any t e rm not more t h a n two years a t t h e discret ion of t he Judge or J u d g e s who shall t ry such person.

55. A n d be i t enacted Tha t all necessary and reasonable

expenses which shall be incurred by any person or persons appoin ted u n d e r and by v i r tue of th i s Act for t h e purpose of car ry ing in to effect t h e several provisions of t he said A c t so far as relates to t h e election and r e t u r n of Members for t he said dis tr icts shall at t he first elections to be held after t he pass ing of th i s Ac t if allowed by t h e Governor be paid and discharged out of t he publ ic funds of t he Colony by w a r r a n t s unde r t h e h a n d of t he Governor directed to t he Treasurer of t he Colony.

56.    A n d whereas divers of t h e Electora l Dis t r ic ts above-named

are far d i s tan t from the seat of Governmen t and of great ex t en t and unforeseen difficulties or delays may arise in car ry ing in to effect t he several provisions hereinbefore ment ioned in regard to t he elections for t h e said distr icts Be i t therefore enacted Tha t no election for any

4 E—VOL. 2. of

of t he said dis tr icts shall he he ld to he void in consequence solely of any such delay in the hold ing of such election at t he t ime appointed or in t h e r e t u r n of t he wr i t or of any imped iment of a mere formal

na tu r e Provided t h a t t he val idi ty of such election shall he declared by

the Governor wi th t he advice of t h e Execu t ive Council wi th in t h i r t y days from the day on which such election was held or ough t to have been held Provided also t h a t w i th in t h e per iod of twen ty days before or after t h e day appointed for t h e ho ld ing of any election it shall be lawful for t h e said Governor w i th t he advice of t h e said Execut ive Council to ex t end the t ime allowed for t h e hold ing of such election or for t he r e t u r n of t h e wr i t issued for the same a n d to adopt or cause to be adopted such measures as m a y be necessary to remove any obstacle by which t h e due course of any election m a y be impeded and to supply any deficiency t h a t m a y otherwise affect t h e same Provided fur ther t h a t any measures so adopted by the Governor wi th t h e advice of the Execu t ive Council shall be duly notified by proc lamat ion in t h e New

South Wales Government Gazette.

57. A n d whereas in consequence of the great ex ten t of t he Ter r i to ry of N e w Sou th	Wales delays may occur in t he r e t u r n of	wri ts
from some pa r t s of t he same and by t h e non - r e tu rn	of such wr i t	or

wr i t s the n u m b e r of t he Counci l m a y no t be completed on the day whereon it m a y be summoned to meet for t h e dispatch of business and i t is expedient to remove doubts which m i g h t otherwise arise as to t he power of the said Council i n i ts incomplete s ta te to proceed to business Be i t enacted Tha t no twi th s t and ing t h e n o n - r e t u r n of any wr i t s on or before the day whereon such wr i t s a re r e tu rnab le t he Council shall be competen t to proceed to business if duly summoned there to and pro­ vided t h e n u m b e r of Member s deficient in consequence of t h e non­

r e t u r n of such wri t s be no t grea te r t h a n two.

58. A n d be it enacted Tha t it shall and may be lawful for t he Governor to appoint such addi t ional officers in any Electora l Dis t r ic t as may be necessary to complete t he reg is t ra t ion of voters in such distr ict or to t ake t h e poll i n t he same and to assign to t he persons so appointed such r emunera t ion for the i r services as to t he said Governor

m a y seem proper .

59. A n d be i t enac ted Tha t t he said Governor shall and may

have power to delegate to any other person the performance of any act or t h i n g which by th is Act he is empowered to perform Provided

such delegation be m a d e unde r his h a n d and t h e Seal of t h e	Colony
and be duly announced by proc lamat ion in t he New South	Wales

Government Gazette.

60. A n d be it enac ted T h a t any and every person who may under t h e provisions of th i s Ac t be appointed a R e t u r n i n g Officer or

D e p u t y R e t u r n i n g Officer or appoin ted to perform any o ther d u t y

u n d e r th i s Ac t shall before he enter on t h e performance of any duty

unde r t h e Ac t m a k e and subscribe t h e following dec la ra t ion—

" I A . B . do hereby declare t h a t I accept t h e office of

" and I do hereby promise and declare t h a t " I will faithfully perform t h e duties of t h e same to t h e

" best of m y unde r s t and ing and abi l i ty ."

6 1 . A n d be it enacted Tha t if any R e t u r n i n g Officer or any

D e p u t y R e t u r n i n g Officer after hav ing accepted office as such or any

Mayor A l d e r m a n Assessor or Police Mag i s t r a t e shall neglect or refuse to perform any of the dut ies which b y the provisions of th is Act he is requi red to perform every such R e t u r n i n g Officer D e p u t y R e t u r n i n g Officer Mayor A l d e r m a n Assessor or Police Magis t r a t e shall for every such offence forfeit a n d pay any s u m not less t h a n fifty nor exceeding two h u n d r e d pounds and in like manne r if any Town Clerk Clerk of a Bench Chief Constable or any other officer or person

shall

shall neglect or refuse to perform any of t he duties which by t h e pro­ visions of th is Ac t he is requi red to perform every such Town Clerk- Clerk of a Bench Chief Constable or o ther officer or person shall for every such offence forfeit and pay any sum no t less t h a n twen ty and no t exceeding fifty pounds t h e said penal t ies to be recovered wi th full costs of suit by any person who shall sue for the same wi th in th ree calendar m o n t h s after the commission of such offence by action of debt or on t he case in t h e Supreme Cour t of New South Wales and the money so recovered shall after p a y m e n t of t h e costs and expenses a t t end ing the recovery thereof be paid and apport ioned as follows t h a t is to say one moiety thereof to t he person so su ing and the o ther moiety thereof to H e r Majesty for t he publ ic uses of t he Colony.

62. A n d be it enacted That t he before-mentioned declarat ion

may be made before any Jus t ice of t h e Peace act ing for t he whole or any por t ion of t he Terr i tory of New South Wales and the Jus t i ce before w h o m such declarat ion may be made is hereby requi red to t r ansmi t t he same by the first convenient oppor tun i ty to t he Colonial Secretary of New South Wales .

63. A n d be i t enacted Tha t when any m a t t e r or t h i n g shall be

directed by th is Ac t t o be performed on a cer tain day and t h a t day happen to be Sunday Good F r iday or Chr i s tmas Day t h e said m a t t e r or t h i n g shall be performed on t h e nex t succeeding day.

64. A n d be it enacted Tha t whenever t h e word " Gove rno r " is used in th is Ac t t he same shall be held to mean t h e Governor or person admin is te r ing the Government for t h e t ime being and whenever t he words " Super in tendent of Po r t P h i l l i p " are used t h e same shall be held to mean the Super in tenden t or Chief Officer of t he Government resident in t h e said district for t h e t ime being.

S C H E D U L E S	R E F E R R E D	TO.
A.

L IST of E l e c t o r s for t h e E l e c t o r a l D i s t r i c t of t h e C o u n t y of C u m b e r l a n d in t h e Po l i ce

D i s t r i c t of P a r r a m a t t a .

Christian Name and Surname of Where the Property affording the

Nature of the Qualification.

each Person at full length. Qualification is situated.

Ashton John .. Freehold Long bottom

Bates Thomas

Dwelling -house .. ... ... ... Dobroyd

Carter James Freehold ... ... i Three miles from Parramatta on

Dealtry William the Dog Trap Road

Ditto Ditto

Evelyn John Dewlling -house......................... Concord

( S i g n e d ) A . B .

Col lec tors ,

C. D .

D a t e d a t P a r r a m a t t a d a y of

B.

Notice of Claim.

T o t h e T o w n C l e r k of o r t o t h e C l e r k of t h e B e n c h of

(as the case may be).

I h e r e b y g ive y o u no t i ce t h a t I c l a i m to h a v e m y n a m e i n s e r t e d i n t h e E l e c t o r a l

L i s t of in v i r t u e of t h e f reeho ld p r o p e r t y w h i c h I possess

a t	(or as t h e case m a y he of	the	dwelling-house
which I occupy at)

D a t e d a t d a y of in t h e

Y e a r	1 8
( S i g n e d ) J O H N A S H T O N of (place of abode).

C.

c.

Notice of Objection.

T o t h e T o w n C l e r k of o r t o t h e C l e r k of t h e B e n c h

of (as the case may be) a n d t o t h e p e r s o n

ob jec t ed t o .

I h e r e b y g ive y o u no t i ce t h a t I ob j ec t t o t h e n a m e of T h o m a s B a t e s of

(describe the person objected to as described in the

Electoral List) b e i n g r e t a i n e d on t h e E l e c t o r a l L i s t of t h e

D a t e d t h i s

J O H N A S H T O N of (here state the dwelling-house or

property	for which he is included	in the	Electoral
List).

D.

List, of Claimants.

T H E fo l lowing P e r s o n s c l a i m t o h a v e t h e i r n a m e s i n s e r t e d i n t h e E l e c t o r a l L i s t of t h e

Christian Name and Surname of Nature of the Property in respect Place where the Property is

each Claimant. to which he prefers his claim. situated.

Alton Frederick .. .. ..

Baker Joeph .. .. .. Bathurst

Chisholm Charles .. .. ..	Dwelling - house	One mile from Bathurst
Ditto
Freehold .. .. ..	Carcoar

( S i g n e d ) A. B .

C l e r k of t h e B e n c h .

D a t e d a t B a t h u r s t t h i s d a y of

List of Persons objected to.

T H E fo l lowing P e r s o n s h a v e b e e n o b j e c t e d t o as n o t b e i n g e n t i t l e d t o h a v e t h e i r n a m e s

r e t a i n e d on t h e E l e c t o r a l L i s t for t h e C o u n t y of C u m b e r l a n d .

Christian Name and Surname of	Nature of the Property for which	Place where the Property
each Person objected to.	his name is on the Electoral List.	is situated.
Amwell Charles .. .. ...	Freehold ... .... .... ...	Lane Cove
Barton William .. .. ..	Dwelling-house .. .. ..
Curtis John .. .. ..	Freehold... ... ...	St. Leonard's H a i f a mile from Bedlam Ferry

( S i g n e d ) A. B .

C l e r k of t h e B e n c h .

D a t e d a t S y d n e y t h i s d a y of

No. XVII.