Electoral Act 1853 (SA)

No. 2.

An Act to amend the Law for the

to cote at Edections jor Members of the Legislative C70uncil.

[Assented to 19th October, 1853.3

HEREAS it is expedient to arnend the existing Law for the Preamble.

Xegistration of Pcrsons entitled to vote at Elections for Members of the Legislative Council-Re it Enacted by the Governor of South Australia, with the advice and consent of the Legislative Council of the same, as follows:

1. So much of an Ordinance passed in the fourteenth year of Repeal of so rnuc~l oi

the reign of Her Majesty Queen Victoria, No. 1 of 1851, To 1651, as relates ' to O' rc-

establish the Legislative Council of South ~us&alia, ' and to provide gistration o f voters.

for the election-of Members to serve in the sanle," as reiata to tlie forming and revision of electoral lists and the registra'tion of

voters sh l l be, and the same is hereby repealed.

2. Every Returning Officer shall, within four days from the Noticeofcourt or

receipt of a writ fbr the election of a Member to serve m the Legis- to be @van.

lative Council for anv Electoral District. give sublic notice of the -

such writ, i n d of'the time, beiig not less than fourteen

from the pu-nxuch notic< and place of holdin

Rwisip, and shall cause such notice and also 4 a copy o

e existing orlast previous electoral roll for such district to be affixed in some ac&sible bnd conspicuous place, upon the Court House or place of meeting of the Local Court, if there be any such within the district, a &upon such other public buildings within such district

ad he sh think fit.

3. Within -- the period of ten days fiom the publication of such notice, claims of persons to

any person whose name s l ~ a n o t beinserted in such~ectoral roll, and have their names inserted OR electwd

who shall claiw to have Lis name inserted therein, shall give notice lists.

thereof to the Returning Oflieer in the form of the Schedule to this Act

annexed, marked A, or to the like effect; and any person whose name

B shall

shall have been inserted, or who shall claim to have his name inserted

in such roll, may object to any other person as not entitled to have his

name retained in the said electoral roll; and any person so objecting shall, on or before the da so fixed for giving notice of claims, give, son objected to, or leave at tlie premises for which his name strall or cause t~ be given, to t E e Returning Officer, and also to the per-

a'ppear to be inserted in such electoral roll, notice thereof, in writing, according to the form in the Schedule to this Act annexed, marked

List of claimants.

B, or to the like eff'ect; and the said Returning Officer shall include

the names of all persons so claimin8 to be inserted on the electoral list, in a list according to the form m the Schedule to this Act an- ncxed, marked C; and the names of a11 persons objected to i11 s list according to the form of the Sclledule to this Act annexed, nlrtrlied

List of persons

D; and shall cause copies of such several lists to be fixed on tke

ahjected to.

outer doors or walls of the public or conspicuous b~~ildings

or places aforesaid, during the four days next precediilg the holding

of any Court of Revision under the authority hereof; and the said

Returniug Officer shall likewise keep a list of the names of all per-

sons so claiming as afbresaid, and also a list of the iiames of all

pcrsons so objected to as aforesaid, to be perused by any person

without payment of any fee, at a11 reasonable h o ~ m during sucli

four days (Sunday eexckpted), and shall deliver a copy of each OF

such lists to any person requiring the same, on payment of a smn

not exceeding One Shilling for each copy.

Courts for revision of	4.	On such day as s11d be named in any notice to be publ$hed
electoral lists.

as aforesaid, the Returning Officer shall, in conjunction wit11 the nearest Special Magistrate and one Justice i-- oI-f&o Jushces of the Peace for the said Proviuce, hold an o p e 8 ~ o ~ f i ~

tfie revision of the electoral list, and continue such Court by ad- journment, and shall, at the opcuing of the said Co~ut, produce the electoral roll for the time being, and a copy of the lists of tlle per- sons so claimin&, and of the persons so objected to, nxde out in tlic ninnner aforesaid; and a11 collectors of rates and otlms, slid, 011

being thereto summoned, attend the said Court, ancl sl~all answer up011

oath all such questions as the said C o ~ ~ r t may pnt to them or ally of' them, touching any matter necessary for revising the tfectoral lists; and the said Court shall insert in tlle electoral roll, the name of every person who shall be proved to the satisfaction of the Court to he entitled to be inserted therein, and shall rctain on tlie said roll the names of all persons to whom no objection shall have been duly made, and shall also retain on the said roll the name of every person who shall have been objected to by any person, unless the

party so objecting shall appear by himself, or by some oue on his

behalf, in support of such objection; and when the name of any person inserted on such roll shall hare been duly objected to, a i d the person objecting shdl appear by himself, or by some one on his behalf, in support of such objection, the Court shall require proof of the qualification of the person so objected to; and in case the qualification of such person shall not be proved to the satisfaction of the Court, the said Court shall expunge his name from the said

roll,

roll, and shall also expunge therefroin the name of every persoil who shall be proved to the Court to be dead, and sllall correct

~ l ~ y mistake, or supply any omission which shall be proved to the

Court to have been made in any of the said lists, in respect to the name or place of abode of any person who shall be included therein, or in respect of tlle local description of his property: Provided always, that no person's name shall be iuserted by the said Court in

any such lists, or shall be expunged thcrefroni, except in the case of

death, unless notice shall hiwe been given, as is hereinbefore re-

quired in each of the said cases.

5. The said Court shall havc power to require any person ~ u n. c r to t ~ ~ c ~ u u 1. t to

ordcr thc proih~ctioli

liaving the custody of any book containing any rate made for any hooks

electoral district or any part thereof, during the then current or the rtdn~inister

the O R ~ I L.

preceding year, to produce the said book and allow the sanie to be inspected, and shall have power to administer oaths or affirmations as the case may be, as well to the clerk and to the collectors, as to a11 persons claiming to be inserted in, or ruakiiig objection to the omission or insertion of any name in any of the said iists, and to all persons objected to in any such lists, and to all persons claiming to have any mistake ia any such lists corrected, and to all witnesses who may be tendered or examined on either side, by which oath or afirrnation the person under esamiaatioii shall be rcquired to state the truth, the whole truth, and nothinq but the truth, relating to the matter ill hand, and shall be liable, if hekvear or affirm fidsel y in answer to any lawful question put to hi& at such ex:minntion, t6 bc prose- cuted for perjury; and the &turning Officer slrnll in open Court write his initials against the names truck out or inserted, and against any p% of tthe said lists in which any mistake shall have been corrected, and shall sign his name to every page of the several lists so settled.

The Rctnrning Oficer shall keep the electoral lists so revised and signcd as aforesaid, and s l d l camuse	m y i c c ( l l,%ts $0
h p t by tit(:

6.

the same to be fairly and ltc,"r,,i,,g o ~ E ( ~. ~.

truly copied into an alpllabetical list in n book to be by hill1 provided

for that purpose, leaving such spaces as may be necessary for any	Uill to
subsequent additions thereto; and shall cause snch book to be com- cuircctec~.

~deted within four days from the holding of the f i r s t a r t o f K e ~ ~ i s i o r ~ ~ ~ c a u s e - s u c h ~ togcther with the lists, to be preserved among the records of his ofice, and shall, witliiii Sour. days after thc holding of any Court of Hcvision subsequent to the first, correct the said baok by inserting therein in alpl~abctical order, or expungiug therefrom, ihe name; of persolld inserted in or expunqed from the electoral list by any such Court, and shall also tra&iit a copy of SU& book, &d of all corrections to Le from time to time made therein, to the Colonial Secretary, aud every 5 fdGJeL, 2~~

such book shall be the ---- roll of -~ the electors of thgdgctorttl diZrZt to ,-- -

. -

which th - e sani_e_r_elates.

7. The Returning Officer shall furnish copies of the electoral roll Retutqmiw *firer to

to all persons applying for the same on payment of a reasonable ele,tor:\~ IUU. furtllsh copies uf the

price for each copy. 8 No

Perflond attendance

of electors not neces- 8. No elector claiming to register his vote in any electoral dis-

seq to prove qualifi- trict shall be obliged to appear in person to make proof of the vote

required by the Court. Court at which he shall apply to be registered to attend in person,	nature and sufficiency of his qualification unless required by the
or unless objected to in manner aforesaid: Provided however, that if such personal attendance be rendered requisite, on the appli- cation of any party objecting to a claimant's right to register his
vote, such party, if his objection be disallowed, s h d defray such
expenses as the Court shall award for claimants' attendance, which expenses so awarded shall be recoverable in any Court of com-

-	petent jurisdiction in which the party entitled thereto shall sue for
the same.

Date and issue of 9. No writ for the election of Members to serve in the Legislative Council for any electoral district shall be d:rted or issued - less

writs.

p c 4y ,g than twent -four nor more than forty-two days previous to the day

,L.,, /. f #PO- -

name t erein or-%hi h2dng of the elections. - 7 r K - 5 -

'I.- - 7

Xeturning Officer

may appoint parties	10. Any Returning Officer may appoiut one or more persons to public notice in manner aforesaid of every such appointment.
to receive claimr.	act for him in receiving such notices of claims and objections, giving
Ekes pnyablc to

Returning Officer. 11. There shall be payable to ever Returnin Offist+ by the

Colonial Treasurer. in res~cct &-fg_ o t e matters a oresaid. the sums

mentioned in ~chedkle E t i this Act annexed.

SCHEDULES

SCHEDULES REFERRED TO.

To the of

I hereby givc you notice, that I claim to have my name inserted in the electoral

list (or electoral roll) for the district of in virtuc of the property which I possess at

(or of the dwelling-house which l occupy at , or as the case may be).

Dntcd at	day of	in the year 18
(Signed) JOHN STILES, of (place of abode).

NOTICE OF OBJECTION.

To lhe Returniny Oficer of (and to the person objected to).

I hereby give you notice, that I object to the name of of (name and

describe the prrson objected to as in the clectoral list), being retained on the electoral

list or roll of thc electoral district of

Dated this

(Signed) JOHN STILES, of (here state the dwelling-house, or property for

which he is, or claims to be, included in the clectoral list or roll).

C

LIST O F CLAIMANTS.

The following persons claim to have their names inserted in the electoral list or

roll of the electoral district of

Nature of the property or

Christian name and surname Place where the property or

in of which

of each claimant. qualification is situated.

bc prefers h ~ s claim.

(Signed) A. B., Returning Officer.

Dated at this day of

C D

LIST OF PERSONS OBJECTED TO.

The following persons have been objected to as not being entitled to have their names retained on the elcctoral list (or roll) for the electoral district of

N"ure of the property

Gfiristinn nallle and surname of' ficntion for which his llanle is Place where the property or

each person objected to. clualification is situated.

on the electoral list. I

(Signed) A. B., Retnrning Oficer.

Dated at this day of

S S. d.

Travelling, for each day, in addition to a mileage of one shilling per mile	1	1	o
Holding Court of Revision, for each day (one guinea to be paid to each

MagistrateattendingstwhCourt) - .. - - - - - - - - - 5 5 0

Clerk of Court of Revision, for each day - - - - - - - - - 1 1 0

Receiving and entering claims, for cach namc - - - - .- - - -	0 1 0
Making and copying lists, for the first copy, per each folio of seventy-

two words - - - - - - .. .. - - - - - - - 0 1 0

For the second, and each succeeding copy, per folio -. - - - - - 0 0 6

Attending at day of nomination and day of taking poll - - - .- - 2 2 0

Deputy Returning Oficer taking poll - - - - - - - - - - 2 2 0

Poll Clerk - - - - - ,, - - - - - - - - - - - 1 1 0

+---P_ _--___I

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ADELAIDE : Printed by authority bg W. C. Cox, Government Printer, Victoria-square.