Electoral Act 1854 (SA)

No. 11.

An Act to U & the Law for the Registration of Persons entitled to

vote at Elections for Members qf the Lei$slatiw Council. -/Fg -- H - - L - 045

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[Assrnted to, December 4, 1854.1 5- C+- -- - - -

EIFREAR it is expedient to amend the laws at present in force Proamtde,

for the Registration o f Voters within this Province, and also to alter the questions at present authorized to be asked of parties claiming to rotc at any Election-Be it Enacted by the Lieutenant- Governor of the Provincc of South Australia, with thc advice and consent of the Legislative Council thereof, as follows:

1. An Act, No. 2 of 1853, to amend the law for the Registration Repeal of A d No. 3 of 1863.

of Persons entitled to Vote at Elections for Members of the Legis- lative Council, is hereby repealed, excepting in so far as the same repeals any other law.

z list,

2. Every Returning Officer shall, within four days from the receipt Notice of Court of

of a writ ihr the election of a iUernYi=ve in the Legislative Revicxion to be gim.

Council for any Electoral District, give public notice of the receipt of such writ, and of the time, being not less than ei hteen clear days

from the publication of slxh notice, and place of *g- o mg a Court of

Revision, and shall cause such notice, and also a copy of the existing

or last previous electoral roll for such District, to be affixed, in some accessible and conspicuous place, upon the Court House, or place of meeting of the Locd Court, if there be any such within the District,

and upon such other public buildings within such District as he shall

think fit; and such copy shall be the electoral list for such Dbtrict

for the purposes of this Act.

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3. Within the period of ten days from the publieation of such ~	t	h	~	~	b
names	$

netice, any person whose . w e shall not be inserted in such electoral inserted M i

list, and who shall claim to have his name inserted therein, shall give,

or causc to be given, notice thereof to the Returning Officer, in the

form of the Schedule to this Act annexed, marked h, or to the like efl'cct; and any person whose name shall have been inserted, or who shall claim to have his name inscrted in such electoral list, may object to any other person as not entitled to have his name retained in

said electoral list; and any person so objecting shall, on or beforc the day so fixed for giving noticc of claims, give, or causc to be given, to the Xeturning CMcer, and also to thc person objectcd to, or lcave at the premises for which his namc shall appear to be in- serted in such electoral list, notice thereof, in writing, according to the form in the Scheddc to this Act anncxed, marked B, or to tllr like effect; and the said Returning Officer shall inclntlc thc names

of all persons so claiming to be inscrtcd on thr elcctoral list, in a liqt

according to the form in the Schedule to this *4ct nnncxrcl, marlied C; and the names of all persons objcctcd to in a list according to the

List of pr?rsona	form of thc Schcdulc to this Act almcsccl, niarkcd T) ; and s l d
objected to.	cause copies of such two last-incntioned lists to bc fixed 011 thc outel* doors or walls of the public or conspicuous buildings or places i~forc- said, during the eight days lielit preceding thc holding of any C'ourt
of ltevision under thc authority hereof; and the said lbtumiiq Officer shall likewise keep a copy of such last-mentioned lists, to he perused by any person, without pzymcnt of any fr.(., at all rcasonablc hours, during such eight dq-s (Bunday excepted), and shall dclivcr a copy of each of such lists to any person requiring tht: same7 011 pnp- ment of a sum not exceeding One Shilling for every folio of sevcnty- two words in such copy.
Claimautv may be	4. Within the period of four days from the affixing such last- mentioned notices, any person whose'narne shall be inscrtcd, or who shall claim to have his namc inserted in the said electoral list, inay object to any person, whose name shall be includcd in such list of per- sons claiming, as not entitlctl to bc entered on the elrctoral list, and shall, within'snch last-mcntioncd period of four days, give noticw of objection as hcreinbcfore providrd with respect to objections to

ol~jevtcd to,

persons whose names are inscrtcd in the elcctoral list; and the	Returning Officer shall makc out a list of all pcrsons so objectcd to,
as last aforesaid, in the form in the Schedule to this Act annexed, marked D, and shall cause copies thereof to be affixed on such public places as aforesaid, during thi two days next preceding the holding of the Court of Revision.

Courts for rcrlsion of 5. On such day as shall be named in any notice to be published as

electoral M s. aforesaid, the Returning Officer shall, in conjunction with the nearest Special Magistrate and one Justice of the Peace, or with two Justices of the Peace for the said Province, hold an open Court for the revision of' the said electoral list, and continue such Court by adjournment, and shall, at the opening of the said Court, produce the electoral roll for the time being, and a copy of the lists of the persons so claiming, and of the persons so objected to, made out in the manner aforesaid; and all collectors .of rates and others shall, on being thereto sum-

moned,

rnoneil, attend the said Court, and shall answer, upon oath, all such questions as the said Court may put to then1 or any of them, touching any matter necessary for revising the said electoral list; ancl the said Court shall insert in the said electoral list the name of every person who shall have claiined to be inserted thcrcin, and who shall not have been objected to as aforesaid, a id also the name of every perm1 so objected to who shall be provccl, to the satisfaction of the Court, to be entitled to be inserted therein, and shall retain on the said electoral list the names of all persons to whoin no objwtioil shall have been duly inade, and hhd1 also retain on the said electoral list the name of every person who shall have been objected to by any person, unless the party so objecting slltlll nppcar by himself, or -hy some one on his behalf,

in support of such ohjcction; and when the ~ramc of any person

in5ertcd on such clcctoral list ~ h d l have been duly ohj~ctrd to, m d the person objecting shall appear by himself, or by some onc on his bc.llaltXf, in support of such objcctinn, the Court shall reqnirc proof of the qualificatioii of the person so ohjrwtcd to; and in case the qldification of s11cll person shall not be proved to the satisfjction of the C'ourt, the said C'ourt shall cspungc his name from the said electoral list, ancl s l d l also 'xpunge thercfrom the nanw of every person -\.vho sllitll \)c proved to the C'ourt to be rlead, and shall correct any mistake, or supply uny oxrlission which shall be provecl to the ('o11r.t to haw been made in the said electoral list, in respect to the nnnic or place of abode of any person who slrall be included therein, ur in rcsycct of the local description of his property: Provided always, that no p~rson's name shall be inserted by the said Court in the &id clretoral list, or shall br expunged thercfrom, except in thc case of death, nnlcss noticc shall haw bcen given, as is hereinbefbrc required, in each of the said cascs.

6. The said Court shall Iiave power to require any person having I'ow~r tn thr Court

to nrdw t,h( p ndm-

the custody of any book containing any rate made for ally electord tion of'bookr and

district or any part tlweof, during the then current or the preceding a(hinister	( ~ t h.
year, to produce the said book and allow the same to be inspected,
may be, ns wcll to the clerk and to the collcctors, as to all persons	and shall haye power to administcr oaths or afirmations as the case	claiming to be inserted in, or making objection to the omission ox insertion of any name in the said clcctoral list, and to all persons objected to in swh electoral list, and to a11 persons clainiing to have
any mistake in any such electoral list corrected, and to all witnesses
who may be tendered or examined on either side, by which oath or affirmation the person under examination shall be required to state the truth, the whole truth, and nothing but the truth, relating to the matter in hand, and shall be lidble, if he swear or affirm falsely in answer to any l a d u l question put to him at such examination, to be prosccutcd for perjury; and the ltcturning Officer shall in open Court write his initials against the names struck out or inserted, and against any part of the said electoral list in which any mistake shall have been corrected, and Ishall sign his name to every page of the electoral list so sett,led.

7. The

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kept by the Re- ?. The Returning Officer shall keep the electoral list so revised

~ram.	and signed as aforesaid, and shall cause the same to be fairly and tmly copied into an alphabetical list in a book to be by him provided for that purpose, leaving such spaces as may be necessary for any
El@&& roll to bs
corrected.	subsequellt additions thereto; and shall cause such book to be corn. pleted within four days from the holding of the first Court of Revision, and shall cause such book, together with the electoral list, and also the lists of claims and objections, to be preserved among the records of his office, and shall, within four days after the holding of any Court of Revision subsequent to the first, correct the said book bv inserting therein, in alphabetical ordcr, or expunging therefrorn, thk names of persons inserted in or expunged from the electoral list by any such Court, and shall also transmit a copy of such book, and of all corrcc- tions to be from time to time made therein, to the Colonial Secretary, and every such book s 1 d. l be the roll of the electors of the electoral

hi?#& - district to which the same relates.

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Rdmias Officer to	8.	The Returning Officer shall furnish copies of the electoral roll
furnish copies of the

electoral roll.

to all persons applying for the same on payment of a reasonable price

for each copy.

Personal attendance

of elcleetors not neces- 9. No elector claiming to register his vote in any electoral district,

, , ,, nuaiii. or objccted to as aforesaid, shall be obliged to appear in person to

cation to vote, unless	make proof of the nature and sufficiency of his qualification, unless
required by the Court.
reauired bv the Court of Revision to attend in person: Provided I d I
however, that if such personal attendance be rendered requisite, on the application of any party objecting to the right of such elector, such party, if his objection be disallowed, 8ha cfray such expenses
penses so awarded shall be recoverable in a%? Court of competent as the Court shall award for the attendance of "S e elector, which ex-
jurisdiction in which the party entitled thereto shall sue for the same,

Date and issue of 10. No writ for the election of Members to serve in the Legislative

writs. Council for any electoral district shall be dated or issued less than more than forty-two days previous to the day named

of the elections.

~cturning Ojlicer 11. Any Retuniing Officer may appoint one or more persons to

may appoint parties

to

act for him in receiving such notices of claims and objections, giving

public notice in manner aforesaid of every such appointment.

Fces payable to

Returning Officer.

12. There shall be payable to every Returning Officer by the Colonial Treasurer, in respect of the matters aforesaid, the sums mentioned in Schedule E to this Act annexed.

to voter.

~ueatiom to be put 13. In the place of the questions of Section of an Ordi-

nance, No. 1 of 1851, To Establish the ve Council of South

/L#iustralia, and to provide for the Election of Members to serve in the

1 w e, " authorized to be put by the Returning Officer to any voter at

p L 7 2 Q t he time of his delivering in his voting paper, the Iteturniing Officer

sh&

shall, if required, as in the said Ordinance specified, put the questions

following, or any of them, and no other-

I. Are you the person whose name is signed as A. B. to the voting .

paper now delivered in by you?

11. Are you the person whose name appears as A. B. in the Elec-

toral Roll now in force for this Electoral District beiug regis-

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. tered therein for pere specify the nature and situation of the qualification described in the Electoral Roll] ?

m. Have you already voted at the present Election?

m. Had you, at the time of your name being inserted upon the

said Elestoral Roll, and do you still possess, the qudification

for which your name was inserted upon such roll?

And no person, scquired to answer any of the said questions: shall be permitted or qualified to vote until he shall have answered the same; and if any person shall make a false answer to any of the questions aforesaid, he shall be decmcd guilty of a misdemeanor and may be

indicted and pulrished accordingly.

Q

SCHEDULES REFERRED TO.

NOTICE O F CLAIM.

To the .f

I hereby give you notice, that I claim to have my name insertcd in the electoral list (or electoral roll) for the district of in virtue of the property which I possess

at (or of the dwelling-house whkh I occllpy at , or as the case may be).

Dated at this day of in the year 18

(Signed) JOHX STILES, of (place of abode).

(Here describe the number of the section, or, if in a town or village, the name of the

street, and number of allotment).

NOTICE OF OBJECTION.

To the Returning Ofleer of (and to the person olijected to).

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

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

list or roll of the electoral district of

Dated this .,

(Signed) Jorrx STILES, of (here ~ t a t e the dwelling-house or property for

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

LIST OF CLAIMANTS,

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

roll of the electoral district of

Nature of the property or

Ch~istian Name and S u r n m c paIlfication respect of Place where the property or

of each Claimtlut. he prefers his claim. qualification is situated.

l P

(Signed) A.B., Returning Officer.

Dated at this day of

(Describing the number of the section, or, if in a town or village, the name of the

street, and number of allotment.

D

D

1,IST O F PERSONS OBJECTED TO.

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

Nature of thc proprrty or quali-

Christian name an4 suiname of fication for which his nnme Place nhtre the prnprbrty or

each pcrson objected to. is on the elcctornl list. qualification is sitrrated.

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(Signed) A. B., Returning Officer.

Dated at tllis day of

Travelling, for each day (not being a day for which payment is made

under any of the following items), in addition to a mileage of one

shilling per mile .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. ......

IIolding Court of Eevision, for each day (one guinea to be paid to each

Magistrate attending such Court) ..........................

Clerk of Court of Revision, for each day ........................

Receiving and entering claims, for each name .. .. .. .. .. .. .. .. .. ..

Xaking and copying lists, for the first copy, per each folio of seventy-

two words .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

For the second, and each succeeding copy, per folio. ...............

Attending at day of nomination and day of taking ~ o l l ............

Deputy Returning Officer taking poll. ...........................

Pollclerk .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

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Adelaide: Priuted by authority by W. C. Cox, Goyeminent Printer, victoria-square.