Electoral Act 1855 (SA)

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No, 10.

An Act to provide for the Election of Jlernbers to ser

Parliament qf' South Australia.

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[Assented t 2 April 2, 1856.1

HEREAS an Act " To establish n Constitution

Australia, a n d p a n t a Civil List to Her Majesty," hath passed the Legislative (:'ouncil of the Province of South Australia,

whereby it is ro osed to substitute for the present T,egislative

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Courlcil of the said --!F-=- rovince a Parliament coilsistirlg of' a Legislative Council and a House of ~ss?mbmbl~, to be*severally constituted and elected as therein mentioned, and such ,4ct hat11 bFEir~scriwd by

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t-nor

for the significntion of' ~ e r X j e s t J " s

pleasure:

And

wv-e'xpediknt

to rn&e provision for the icsuing,

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executing,

and return in^ the necessary Jyrits for the clcction of bms

of the said Parliament, the aypointing of-l&twning Officers, the

talriqg of the votes, the place and time of clections, the completion

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and revision of the lists of persons --- entitled to vote, and foi7>%i~ri@g- the ord If and cfficieiii 55iltIiZ of s&h _clcctionu, and also for de tenni1;np thSsidit hZZiispnted returns-fie it therefore Enacted

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by the -

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o

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the Province of %uth Australia, with the

advice and consent of the Legislative Council thereof, as follows:

1. This Act, so far as regards ail matters relating to the formation c

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of the first Electoral Rolls for the several Electoral clistricta and Act.

r constituted, shall come into operation from a

a d s all other matters, shall co

o?so

soon as tllc saicl U,

establish a Constitution for South Austrnlia nd to grant n Civil

List to Her Majesty," shall commence and cor I

e into operation.

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2. For the purpose of electing Members to the

the said Pmvince shall firm one Electoral Distr

Electoral Districts specified in Schedule A, to Efi'GXct a11

form electoral divisions of such dkt~5ct; and for the purpose of L A electing Members to the Hrmse of Assembla the said Provinceshall be divided into seventee-ts, which shall have the names and boundaries, and shall return the number of Members specified in the Schedule A, to this Act annexed.

Appointment of

3. The Governor shall appoint a fit and proper person to be

.Returning Offict r.

the Returning Officer of each and every Electoral District, and in case of absence from the Province, death, sickness, " or other cause disabling any Returning Officer from acting, it shall be lawful for the Governor at any time to appoint some other person to act in the stead of such Returning Officer, and every appointment of a Returning Officer made as doresaid shall be good and valid until such appointment shall be cancellcd and some other person appointed to be Returning Officer; and every such Returning Officer may appoint such clerks, deputies, and other subordinate officers as may be necessary to cmry this Act into execution.

Itetumi* officer for

4. The Returning Officer for each Electoral District named in

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Housc of Assembly to

be Deputy ~

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Scliedule A, shall be a Deputy ReturniGijTJ~cer

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for the same

Officer.for Legjslative an Electoral Division, for the election of Members to serve in the

Councd.

IJTa€iVFCUnCiFdnd shall, within such division, have and exercise all the powers and perform the duties of a Returning Officer with regard to the formation and revision of lists of voters, and claimants, and of the electoral roll, and of all matters relating or incident

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thereto, the a oint 'eat of voting places,)and the appointment of

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clerks an BTgll,.

eput%5:and

other

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Voting places.

5. For each of the Electoral Districts and Divisions, there shall be

within such district or division such voting places as shall be ap-

pointed by any Returning Officer as hereinafter provided.

to be

6. On or before the first 'daday

of the second calcndar month after

ven by Returning

Kfficcr.

the pansing of this Act, every Returning Officer, for the Electoral Districts named in Schedule A, shallcause to be affixed, in the most public and conspicuous situations within his district, a notice

persons resident within such district who may be entitled to vote

according to thc form of Schedule R, hereto annexed, requiring all

in the election of Members to scrw in the Legislative Council, and also a notice, in the form of Schedule C, to this Act annexed, requiring all persons resident within the said district, who may be entitled to vote in the election of Members to serve in the House of Assembly for suchdistrict, to deliver or transmit to such Returning Officer, on or before the twentieth day of such last-mentioned month, a notice of their claim as such voters according tqwJbe form of the Schedule hereto annexed marked D, or to the like effe&;""'

7. The Returning Officer shall, on or before the first day of the to be called the " Electoral I,ist,"aecording to the form of the Schedule hereto annexed, marked E, of all persons resident within his district entitled to vote in elections for Members of the Ilegislativc Council,

Electornl

l i ~ t s

to be

rcribrd, and hung up.

printrdur fairly tran- month next following the publication of such notice, make out a list,

and

and a like list of all persone resident within such district entitled to

vote in elections for Members of the House of Assembly for his district, and shall sign such lists; and shall cause the same to be either printed or faidy and legibly transcribed, and hung up for the period of seven days ending on the ninth day of such last-mentioned month, at the Court House, or place of meeting of the Local Court, if there be any such, and in such conspicuous places in the Uectoral District to which the same relate as he shall think fit.

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8. Any person having made such claim as aforesaid whose name Claim of persons to

have their names in-

shall not have been inserted in any such electoral list, and who ,,,t,d on ,lectOrd

shall claim to have his name inserted therein, shall, on or before lisb.

the tenth day of such last-mentioned month, give notice thereof to the Returning Officer in the form of the Schedulc to this Act annexed, marked D, or to the like effect; and any person whose name shall have been inserted, or who shall claim to have his name inserted, in any such Electoral List may object to any other person as not entitled to have his name retained therein; and any person so objecting shall, on or before the day so fixed as last aforesaid for giving notice of claims, give, or cause to be given, to the Returning Officer, and also to the person objected to, or have at his plncc of abode notice thereof, in writing, according to the form in the Schedule to this Act annexed, list of cl rim ant^.

marked F, or to the like effect; and the said Returning Officer shall include the names of all persons so claiming to be inserted on each Electoral List, in separate lists, according to the formin the ~ i, t

,fp,r,on, ,b.

Schedule to this Act annexed, marked G; and the names of all persons jecteat".

objected to in separate lists, according to the form of the Schedule

to this Act annexed, marked H; and shall cause copies of such

several lists to be fixed on the outer doors or walls of the public or

conspicuous buildings or places aforesaid, during the four days

next preceding the holding of the first Court of Kcvision under the

authority hereof; and the said ItLeturning Officer shall likewise keep

separate lists of the names of all persons so claiming as aforesaid,

and also separate lists of the names of all persons so objected to as

fee, at all reasonable hours during such four days (Sunday ex-

aforesaid, to be perused by any person without payment of any

cepted), and shall allow any person desiring the same to take a copy of each of such lists, on payment of a sum of One Shilling for each copy so taken.

9. 011 some day between the twentieth and twenty-eighth day of Cnuvts for Rcyision of

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elcc~ralLists~ that purpose by the Governor, and two Justices of the Peace for the said Province, shall, at such place, within each Electoral District, as may be for that purpose appointed, by Proclamation published in the South Australian Government Gazette, hold an Open Court for the revision of such Electoral Lists, and may con- tinue such Court by adjournment, and the Returning CMicer shall, at the opening of the Court, produce the said Electoral Lists,

such last-mentioned month of which due notice s l d l be given,

the nearest Special Magistrate (not being such Returning

and

and a copy of the lists of the persons so claiming, and of the pegons so objected to, made out in the manner aforesaid; and all collectors of rates and others shall, on being thereto summoncd, attend the Court, and shall answer upon oath all such questions as the Court may put to them or any of them, touching any matter necessary for revising such Electoral Lists, or either of them; and the said Court shall insert in such lists respectively the name of every person who, having claimed, shall make proof to the satisfactiori of the Court that he is entitled to be inserted therein, and shall retain on the said lists the names of all persons to whom no objection shall have been duly made, and shall also re$ain on the said lists the name of every pcrson who shall have been objcctcd to by any person, unless the party so objecting shall appear br; him- self, or by some one on his behalf, in support of such onjectlon; and when the name of any person inserted in any Electoral List shall have been duly objected to, and the person objecting shdl appear by himself, or by some one on his behalf, in support of such objection, the Court shnll reqnire 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 the name of every such person from the said list, ancl shall also expunge therefrom the name of every person who shall bc provcd to the Court to be dead, and shall correct any mistake, or supply any omission which shall be provcd to thc Court to have bccn made in any such list, in rcspcct of tlw name or place of abode of any person who shall be included therein, or iu respect of the local description of his property, and the Magistrate presiclirig sllall in opal Co~urt

write his initials against the names struck out or inserted, and against any part of any list in which any mistake shall have been corrected, and shall sign his name to e ~ w y page of the list

80 settled.

Revisrd lists to be

10. The Returning Officer sllsll kecp the Electoral Lists so re~iscd

kept by the lleturning

OEccr.

and signed as aforesaid, and shall cause each of' the same to be fairly and truly copied into an alphabetical list in n separntc book to be by him

Electoral roll to be

provided for that purpose, leaving such spaces as may bc ncccssary for

corrected.

any subsequent additions thereto; and shnll cause each of' such books

to be completed within fourteen da1.s from the holding of the first

Court of Revision, and shall cause such books, togetller with the lists, to be presemed among the rei50orcls of his ofice, aud shall, from time to time, produce snch book, aild every future book, into ~vhich the said Electoral Roll may, fkom time to time, be transcribed7 at anyauarterly Court of Revision hereinafter authorized to Fe held; m d every such book shall, after the said Constitution Act shall have commenced and come into operation, be the roll of the electors of the Electoral District or Division to which the same relates; and shall also tl-ammit a copy of such book, containing the names of persons entitled to vote at elections of Members to serve in the Legislative Council, to the Iteiurning Officer fur the said Province forming one Electoral J)istrict.

a i m 8 C

be ime*a

11. Any person whose name shall n o t i n

m y Elc.ctoral Roll,

upon the dectoral

and who ehall claim to ha-w his nime Inserted therein, may, at

a y

time,

any

any time, give notice thereof to thc Returning Officer, in the forms respectively of the Schedule to this Act annexed, marked D, or to the like and any person whose name shall have been inserted in

electoral roll may, at any time, object to any other person as not entitled to

have his name

retained therein; and any person so

o b j e c t i o ~.

objecting shall give or cause to be given to the Returning Officer, and also to the person objected to, or leave at his place of abode notice thereof, in writing, according to the form in the Schedule to this Act annexed, markcd F, or to the like effect; and the Returning Officer shall, fourteen days before the holding of every Quarterly

Co1x1-t of Revision, include the names of all persons so clajmina to be @"

inserted on the Electoral Roll, in two lists-one

for persons claiming

to be placed on the roll of electors of Members

serve in the List of olsims and ob-

-de

Legislative Co~mcil, and the other of persons claiming to bc placed jeniom

on the roll of electors of Members to serve in the House of out.

&scmhlY, according to the form in the Schedule to this Act an- nexed, marked G: and the names of all persons objected to in two lists, as aforesaid, according to the form of the Schedule to this Act annexed, marked H; and shall cause copies of such several lists to be fixed on the outer doors or walls of the public or conspicnous buildings or places aforesaid, during the eight days next preceding the holding of such Quarterly Court of Revision, as hcrcinafter pro- vided; and shall likewise keep separate lists of the names of all persons so claiming as aforesaid, and also of the names of all persons so objected to as aforesaid, to be perused by any person without payment of any fee, at all reasonable hours during the eight days (Sunday excepted) next preceding the said Quarterly Court

of Revision, and shall allow any person desiring the same to take a

copy of each of such lists, on payrneilt of a sum of One Shilling

for each copy so talcea.

12. I t shall be lawful for the Returning Officcr to object to any person as not entitled to have his name retained on any fleetoral

Returning Officcr n: ay object to namee upcn

electoral roll.

Koll, giving or causing to be give11 such notice of objection as afore- said; and he is hereby required so to object in the case of all persona whom hc shall have reason to believe are not entitled to be retained

on such roll.

13. The nearest Special Magistrate, or such Special Magistrate as shall be for that purpose appointed by the Governor, and two Justices

8pocial Magistrate and

two Jnfiticee to hold

Quarterly Courte of

of the Peace for the said Province, shall, once in every three calendar

Bevision.

months, hold an open Court within ever Electoral Uistrxt, fo?

the purpose of revising the electoral rol d S CI s G c ~ ~ ~ & r i c t and division

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and such Court &all be held at such time and place as may b

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by Proclam;xtion in the Smth Austmlian Goverwzent Gazette: Pro- vided that it shall be lawful for the Governor from time to time to alter the time and place for holding any of such Courts by Pro-

clamation in the South Australian Qvernmen t Gazette published

four weeks at the least before the day upon which such Court would otherwise be holden; and at every such Court the Returning Officer or his clerk shall produce the Electoral Rolls: for such

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diu t ric t

district and division respectively, and a copy of the lists of the persons

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so c la immnnd oofZe persons so objected to, made out in the manner aforesaid; and all collectors of rates and others, shall, on being thereto summoned, attend the Court, and shall anst17er upon oath all such

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questions as the Court may put to them, or any of them, touching any matter necessary for revising the electoral rolls, or either of them; and the said Court shall insert in such rolls respectively, the name of every person who, having duly chimed, shall be pmved to the satis- faction of the Court to be entitled to be inserted therein, and shall retain thereon the names of all persons to whom no objec- tion s l d l have been duly made, and shall also retain the name of every person who shall havc been objected to unlcssl the person objecting sliall appear by himsclf, or by some one on his behulf, in supI;ort of such objection; and when the name of any

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person shall have been duly objected to, and the person objecting

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shall appear by himself or by some ane on his bchalf in support of

d

such objection, or whenever such objection shall have been made by the Returning Officer, the Court shall require proof of the qualification of the person so objected to; and in case the qualification

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of such person shall not be proved to thc satisfaction of thc Court,

g$&->? yZfiCi.

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the said Court shall expun& the name of cvery such person from the said roll, a *shall also expunge therefiom the name of every person who shall be proved to the Court to be dead, or to hsvc become disqualified or incapacitated, a& after every election of

7 Members for the said Legislative Council,

- said Douse of Assembly, for such district,

n a m z of cvcry person who-i

h a 6

sm

not,, before the hording of

such Court,

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Re turning Ofticer his cKim to -be r e t a S n ~ t h T s G d ~

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correct any mistake, or ~ u ~ ~ ~ m i s s i o n ~ w h i c h shall be proved to thc Court to have been made in any such Electoral Roll, in respect of the name or place of abode df any person who s h d be included therein, or in respect of the local description of his property.

Puwer of Courta of

Bevieion.

14. Every Court of Revision, or such Special Magistrate shall have

power to require any person having the custody of any book containing

any rate made for any such Electoral District or Division, or any part

thereof,during that or thc preceding year, to produce the mid book and

allow the same to be inspected at any such Court, and shall have power

to administer oaths or affirmations as the case may be to all persons who may be required or tendered to be examined, and any person who shall answer ftitlsdy to any lawful question put to him at such examination shall be liable to be prosecuted for perjury; and the Magistrate presiding shall in open Court write his initials against the names struck out, or inserted, and against any part of the said rolls respectively in which any mistake shall have been corrected, and shall deliver the same to the &turning Officer.

Ret,urning UMCW to

15. 'l'he Returni~ig

Oficermor

his clerk shall furuish copies of any

fum tsl: copies P'

the

dwtoral roll

Electoral Roll to all persons applying for thc same on payment of a restsonable pricc, not exceeding sixpence for every folio of seventy-

two

two words, for each copy, and shall forward, by post, a copy of

such Electoral R d l to the Colonial Secretary; and shall also, in like manner, forward a copy of all correctiorls of such roll of electors for Members of the Legislative Council to the Returning Officer

the said Province forming one Electoral District.

16. No elector claiming to register his vote in any Electoral District Personal attendance

or Division shall be obliged to appear in person to make proof of the ~

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~lature and sufficiency of his qualification, unless required by the catlon to rote, unlesr

Court at which he shall apply to be registered to attend in person: rcquired by the Court.

Provided, however, that if such personal attendance be rendered

requisite on the application of any party objecting as aforesaid,

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such party, if his objection be disallowed, shall defray such expenses as the Court shall award for claimant s' attendance, which expenses

so awarded, shall be rccoverablc in any Court of competent juris-

diction in which thc party entitled thereto shall sue for the

same.

17. Every p a o n whose name shall be standing on the Xlectol-a1 Roll of any liJlectoral District or I)ivision shall be entitled to obtain from and produced at

Certificate to he

panted to

eleotorm,

electiOm.

the Returning Officer of such District, or Deputy Returning Officer such certificate shall be produced to the Returning Officer, or Dcputy Iteturning Officer, as the case may be, who shall mark thercon the day and place of voting of the elector named therein, and no person shall be allowed to vote at any election unless he shall produce such certificate to the Retuirning Officer, or Deputy Returning Officer as aforesaid, nor unless it shall appear on the production of such certifi- cate, that tlre elector named therein hath been registered as a voter for the period of six months prior to such election.

of such Division, respectively, a certificate in the form in the

18. No

candidate for

election in

any electoral

district

shall be P r o " ~ o ~ c a s o o f R e -

turning Officer8 heing

competent to act as a Returning Officer at such election:

Provided candidates, O r other

furthcr, that in the event of the inability or incompetency of deficiency of

any person appointed to act as Returning Officer or at any such

Court, or to perform any office or duty in execution of this Act, the

perform any of the duties herein directed to be performed by such

Governor may appoint such other persons as he may deem fit, to

persons.

19. I t shall be lawful for the Governor, from and after the passing

G0remormay a p p ~ h t

of this Act, from time to time, to appoint fit and proper persons to d uties of Returning

persons to perform

perform thc duties of Returning Officeb for the several Electoral.

Officers iu prepara-

Districts and Divisions, so far as regards the formation of the said

tion of first Roll.

first Electoral Rolls, and every Act by such person done in pursuance of such appointment, shall have the like validity as though they had been, respectively, duly appointed Eeturning Officers under this

A.

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20. Writs for thc election of Members to serve iu tile su~d

Legis- Wfita t0 be irmed by

latiYe the Governor, and to

be returnable to him.

lathe Council and House of Assembly respectively shall be issued

by the Governor, directed to the Returning Officer of each electoral &strict, in which writs shdl be named the day of norninatiogfor such elections, and, in the event of such elkctions being contested, the day for taking the vdtes at the different voting places, and also the day

on which such writs shall be made returnable to the said Governor:

always, that no such writs shal be dated or issued less

nor more than fortyltwo days previous to thc days

respectively named therein for the nomination for such election.

W n

~ s ~ u e a

to sup-

2.1. All writs directed to be caused to be issued by the President

&mciea

only on 1

wmad ~. a ~,

or Speaker, for the purpose of electing a Member to fill any seat

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in the Legislative Council or House of Assembly, vacant by the

death, resignation, acccptance of oEcc, s r other incapacity of any Member, shall be issued by the Governor only upog-the receipt

from the Presi-or

SpehXc-i 6f

thk sicd - Legislative Cou-r

i--

House of Assembly, respectively, of a notification of-@=h vacancy.

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of writ&

22. All writs to be issued for the election of Members of the

- and form which may bc necessary and sufficient for carrying the

said Parliament under this Act shall be framd in any manner

provisions hereof into effect.

Returning ORWT,

23. Upon the receipt of any writ for the elcction of Members to

ing (IfBcer, for Lcg'a- serve in the mid Legislative Council, the Returning Officer shall

""dDwu'y

latiyo Counp,to give endorse thereon the day of receiving the same, and shall, within two

whce of wrks, &C. days from the receipt thereof, forward a copy thereof to the Deputy

Returning Officer for each division of his district; and every Deputy Returning Officer shall, upon the receipt of such copy, endorse thereon the day of receiving the same, and shall, within seven days from the receipt of such copy, give the like notices, and affix the same, together with a copy of the electoral roll for the said division, in the like manner and upon the same places a$ arc hereinafter directed and prescribed with regard to writs for the election of Members to serve

m the House of Assembly.

%turning officer for

24, Upon the receipt of any writ for the election of Members

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to serve in the House of Assembly, the Returning Officer shall

nomhtion, .. of

endorse thereon the day of receiving the same, and shall, within

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seven days from the receipt thereof, give notice thereof and of the day of nomination and of taking votes fixed therein, and of the chief voting place and other voting places, if any, for taking the votes at such elec- dons, and shall affix such notice, on the outer door of the Court

House or place of holding the Local Court, if there be any such, and on the outer door of the place of meeting of the District Councils,

if there be any such, and upon all Post Offices, and in such other public and conspicuous places within the district as he shall think fit.

b * - ~ b - c k a

25.

At every election, the Returning Officer, if it shdl appear to

ar bird for tq&Qg

him expedient for

taking the votes at such election, may cause booths

VOW.

to

to be erected, or rooms to be hired and used as such booths in ofid place or in several places, not being a house licensed for the sale of wine, beer, a r spirituous liquors, or within one hundred yards' of the same, at each voting place as occasion may require; and the same shall be so divided and allotted into compartments, as to the Returning Officer s h d seem most convenient, and the Returning Officer shall appoint a Clerk to take the votes at each compartment, and shall before the day fixed for taking of votes, if there be a contest, cause to be furnished for the use of each booth or voting place, a copy of the electoral roll of the district or division, and shall under his hand certify snch copy to be a true copy.

26. The Returning Officer of

each electoral district shall preside ~ e w i d o f i c e r

t~

preside, and appoint

at the election within his district or division, and may appoint a deputies to preside dcputy to act for him and take the votes at each voting place: Pro- the voting d a c ~. vided that such deputy bc appointed by writing under the hand of

the said Returning Officer.

27. Where the proceedings at any election shall be interrupted A 4

mination,

ournment

or of

0f

voting,

no-

or obstructed by any riot or open violence, whether such proceeding i, ,,,,

of riot.

shall consist of the nomination of candidates or of the taking the votes, the Returning Officer, or the deputy of any Returning Officer, shall not for such cause terminate the busincss of such nomination, nor finally close the voting, but shall adjourn the nomination or the taking the votes at the pztrticnlar voting place at which such inter- ruption or obstruction shall have happened, until the following day, and if necessary, shall further adjourn such nomination or voting, as the case may be, until such interruption or obstruction shall have ceased, when the Returning Officer or his deputy shall again proceed with the business of the nomination or with the taking the votes, as the case may be, at the place at which the same respectively may have been interrupted or obstructed; and the day on which the business of the nomination shall have been concluded shall be deemed to have been the day fixed for the election, and the com- mencement of the voting shall be regulated accordingly; and any day whcreon thc voting shall have been so adjourned, shall not as to such

place be reckoned the day of taking of votes at such election within the

meaning hereof; and whenever the voting shall have been so adjourned

by any dcputy of any Returning Officer, such deputy shall forthwith give notice of such adjournment to the Returning Officer, who shall not finally declare the state of the voting, or make Proclamation of the Member chosen, until the voting so adjourned at such place shall have been finally closed, and the boxes containing the votes delivered or transmitted to such Returning Officer.

28. It shall be lawful for any two electors of any Electoral District, Modo o f nomination.

before or at the time fixed for nomination, to address and forward or deliver to the Returning Officer of such District, a letter, signed by such two electors as proposer and seconder of a person to be therein named as a candidate to represent the District, the person dsc! proposed as a candidate, signifying his assent, in writing, to wt if

V

elected;

Acted; and on the day of nomination named in the writ, the

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Returning Qflicer shall attend at noon at the chief votiiw-nlace of the Electoral District, and shall tb en the letters so addressed

ta him; and -hall

w

e

er number. of Candidate8

Fg-

ro osed and seconded, and

as aforesaid, than are

y suc w r i t r x m e

etu1aing"f)fficer shall

declare such Candidate or Candidates to be duly elected, and make his return accordingly; and, in the event of there being more

"

Candidates so proposed and seconded, and consenting as aforesaid, than are by such writ required, the bturning Officer shall give notice at such chief voting place of the names of the Candidates, and of the persons by whom they have been proposed and seconded, and the voting shall commence at the different voting-places for the Distiict as nearly as may be at nine o'clock in the forenoon of the

day appointed in the writ for taking the vote, and shall cease at

four o'clock in the afternoon.

lGlectiom to be

Returning Officers

29. The election of Members of the Legislative Councd and

~ n a t h e i ~

Deputies.

House of Assembly at each voting place shdl be held before the

when

Returning Officer or his deputy, and the voting at every such

&all commence and

election ~h;tU commence at nine o'clock in the forenoon, and shall

terminate.

finally close at four o'clock in the afternoon of the same day, and

laaanerofvoting.

shall be conducted in manner following, that is to say-every elector entitled to vote, and who shall vote in the election of Mcm- bers of the Legislative Council or House of Assembly, as the case may be, shall be furnished by the Returning Officer, or his Deputy, with a white printed voting paper, marked with the initids of the Returning Officer or his Deputy, containing the Christian name and

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,

L -/.A'

: ~ ' - A B '. mrnarne of each Candidate, and

-._I_-

no other matter

-

or thing; and there

--, -

shall be provided separate apartments or plac& fonnil;k part of the

z

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L-~~~+-pol l ing

booth, into which the voter shall immediately retire, and there, alone, and. in private, without interruption, obliterate the name of the Candidate or Candidates for whom he does not intend to vote; and shall then fold the same paper, and immediately deliver it, so folded, to the Returning Officer, or to his Deputy, who shall forthwith pub- licly, azld without opening the same, deposit it in a box to be pro- vided for that purpose; and no ~ot ing paper, so deposited in any

box, shall, on any account, be taken therefrom, unless in the presence of scrutineers, after the close of the election: Provided that no

voting paper shall be received unless it be so folded so as to render

it impossible for the Returning Officer or any other person to see for what Candidate or Candidates the vote is given; and any voter wilfully infringing any of the provisions of this clause, or obstruct- ing the voting by any unnecessary delay in performing any act within the polling booth or room, s h d be deemed guilty of a rnisde- mexnor.

NU

inquirp of a voter

except ae to hie iden-

30. NO inquiry shall be permitted at any election as to the right

tity,

he hal

of &DY person to vote, except ody as follows, that is to say-the

voted before on ~e

w n e election, and ns

Beturning Officer or his deputy shall, if required by any two electors

to qualification.

entitled to vote in the same Electoral District, put to any voter, at the

time

time of his tendering his vote, and not afterwards, the following

queetions, or any of them, and no other:-

FTRST-A~~

YOU the person whose name appears as A.B. in the F O ~

of queationa to

..

[or Division, being registered therein for property de-

electoral roll now in force for this Electoral District Eg:'tOthB%B

scribed to be situated in (here specify the street or plaeo

described in the electoral roll)?]

SECON-IXave

you already voted at the present election ?

THIRD-H~~

you, at the time of being registered, the qualifica- tion for which your name now stands in the electoral roll for the district of (specifying in each case the par- ticulars of the qua~lification as described in the electoral roll), and are you still possessed of the same qualifi- cation? [or as the case may be. Are you of the age of twenty-one years, and did you at the time of being regiutered, and do you still reside within the

District of

?l

be permitted or qualified to vote until he shall have answered the answer.

And'no person required to answer any of the said questions shall Punishment for fpL.

same, and if any person shall wilfully make a false answer to any of the questions aforesaid, he shall be deemed guilty of a rnisde- meanor, and may be indicted and punished accordingly. "

31. Each Deputy Returning Officcr shall immediately on the Deputies to sealbox

close of the voting, publicly close and seal the box containing the deliverthemforfiwi&

and voting papers and

voting papers which have been

taken at the voting-place whereat to R e t m n g Officers.

he presided, and shall, with the least delay possible, deliver or cause

the same to be delivered to the Returning Officer ofthe Electoral

Uistiict, or to the Deputy Returning Officer for the Electoral

Division, as the case may be: And in cases of elections of members

to serve in the Legislative Council the Deputy Returning Officers

for each division shall, with the least delay possible, deliver or cause

m

to be delivered the whole of such boxes to the Returning Officer for

the said Province. *lir

32. The Returning Offices of each Electoral District shall at the Namm of persona

elected to be declared

place of nomination, and as soon as may be practicable after the by n & d g

officer.

the election shall have been held, in the presence of two or more scrutineers, whereof each candidate ahall name one, open all the boxes containing the voting papers delivered in at such election, and shall examine the same, and shall reject all voting papers which shall contain the names of more persons than are required to be elected at any such election, or shall contain any matter or thing other than such names, and shall openly declare the g era1 state of the votes at the dose of the election, as the same shall have been made up by

him from the voting papers taken at the several voting-place; and

he 8haU at the same time and place declare the name of the person or pe]:son'~who may have been duly elected at such election; and in

the

the event of the number: of votes being found to have been equal for any two or more candidates he shall by his casting vote decide

Returning Oaper not which of the erne candidates shall be elected: Provided, how-

to vote except m case

ever, that no Returning Officer shall vote at any election for the

af emity

of rotcs.

Electoral District of which he is the Returning Officer, except in case of an equality of votes as aforesaid: Provided also, that it shall and may be lawful for the deputy of any Returning Officer to vote at any election for the Electoral District, in like manner as if he had not been appointed and acted as such deputy.

Return of writs

33, The name of the person or persons so elected shall be inserted

Bames of elected

perm- endorsed

in or endorsed on the writ by the Returning Officer, and the writ

thereon.

returned to the Governor within the time by which the same may

be returnable.

Voting p

em to be

34. All voting papers shall he destroyed by the keturning Officer

destroyed t6

the

Biocr,

forthwith, after the declaration of the names of the persons duly

elected.

And whereas it is expedient and necessary to provide a Court for

C_---

the trial of any complaints which may be made a0 mst t m i t y

of an

returns made by the Returning Officers of t

-

d

chstric

-%-F--

S creby created-Be

it Enacted as follows:

of forming such Court the Legislative Council,

r its first rnsetin~,

a% thcreafter within one

eeting

subsequent

to

ea%

e-

to su e

lo shall d t i r d o & & b n, and the ouse of week aft& the Krst meeting subsequent to every

e l e s each out of its own body respectively, bers of the said Cour and theSjtcaitaFor the

e Supreme Court sha be the Prcsident of Legislative Council or 1Iouse of Assembly shall hi1 ur Members of the said CouiAwithin the said one embers may be nominated-at any time afterwards Speaker, as the case may be; and if any Member

%

shall be incapacitated to attend a meeting of the Court by reason of

Nomination of Mem-

death, sickness, or any otllcr impediment, his place sh8l be supplied

c o ~

to

ply uacanciea.

by a person nominated for that purpose by the Legislative Council or House of Assembly respectively, or, in default of such nomination for the period of one week, by the Prcsident or Speaker.

aeoard of nomination

of Members to be

37. The record of the election or nomination of the said M e ~ b e r s

Proof of proper con-

Courtpes cctivel shall be entered by t1.c

Clerk of the

s t i ~ t i o ~

of Ch&S.

e Council or I Ouse of Assembly on the proceedings of the

,P--Y

d proof of such entry having been made shall be

uthority for the proper constitution of such Courts.

P

38.

The

C

38. The mid Courts res ectivglp shall not proceed to suy business ~

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udess convened by b i d ~ f

the Legislative Council or House of mnvenea by the

Assembly, nor until each Member thereof shall take the following

or

oath or affirmation, as thc case may be, which shall be administered by the President to each of the Members, and afterwards by any Member to the President :-

'

L

I, AB., do swear (or affirm, as the case may be) that I will ~

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duly administer justice in all matters which may be brought corn.

before this Court, and that I will decide in all such matters according to the principles of good faith and equity, without partiality, favor, or affection, and according to the best of my unders tancling. "SQ NELP ME GOD."

39. The Courts thus constituted sEdl have power to inquire into p,,,,

, f ~ ~, , ~.

all cases which ay

be brought beforeeach Court by the Hnuse by

which it shall have been appointed, re-ting disputed returns of B Members to serve in the said House, whether such disputes ariser

out of an alleged

llcturning Officer, or out

of the allegation

against any personlcon-

ceraed in any election, p o u t

--_c

of any other alle~ation

calculated to

affect the validity of the return.

-_P-1"-

-

-

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40. In the trial of anv comdaints as aforesaid, the Members of courts to bo ~ ~ a s d

the said Courts shall be &ided

by the real justice and good ~

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conscience of th7mse. without regard to legal forms and solemnities, irience

each cam.

and shall direct thekselves by lthe best uevidence that they can procure, or that is laid before them, whether the same be such evidence as the law would require in other cases or not.

41. Each of the said Courts shall bc an open Court, and shall have court may regulate

its sittingqrom time to time, as in its discretion the form of it own

power t o u r n

proceedingn.

it may think proper, provided that the interval of adjournment shall not in any instance exceed four days, and shall be competent to

I

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rcgulate thc form of its own proceedings; but such proceedings shall Decisions to be given

in no onc case extend beyond the period of five sitting days, unless ~

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by leave of the House by which it shall have been appointed; and appeal.

*m-

that if no decision be aaopted by a majority within f i v e i g days, or any enlarged period as aforesaid, the President of the Court shall, on such evidence as may then be before the Court, pronounce a decision; and that every decision, whether so pronounced by the President or by the Court, shall be find and conclusive, without appeal.

42. The said Courts shall not have

ower to inquire into the Inquiries B

to

cpr~ectness

of any ele&ral

rol y

, or_ mto the qudifi&tioni of persops !;Ttzez-

whose votes may on 6 e mf

ac t ion have been either admitted p r ~ p, - i e ~ ~ f ~ b ~ i ~ ~

&

-

r

o

b u m y

into the identity of

th

-3

wheth& or tnjection of r o b.

- 4

their

+h-.---- votes

were

imP9e]:Ff-

-

admitted 01. r o i w t ~ r n ~

the*;:$\

- -~TI-1--t--

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-

to br! cormct.

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C.

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43. It

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~ ~ ~ v ~ @ w @ * ~ *

43. It shall be lawful for the said Courts r

-

e

to award to

the party petitioning, or to the candidate Bgainst whom the petition

shall have been presented, such reasonable costs and expenses (bi syJh Court may deem fit; and such costs and expenses, when awarded under the hand of the President, shall be recoverable by action of debt from the party by such award madc liable to pay the mme.

Complaints of d u e

returns to be bp peti-

4. All corn laints of the undue return of Members to scrve in

the

4

sai

ar-=-

egislative Council or E s e

of Assembly shall be addressed

tion to the Legislative

Council or Bouse of

.-&

the form of a petition to the said Legislative Council and House of proceedings had thereon, unless it shall have been so presented by a person who was a candidate at the election whereof it may be alleged that an undue return has been made, or by a number of persons who either voted or were qua1ificd to haw votcd a2 the said dection, amountinrr to not less than one-tenth of the whole number on the

Assembh.

,/'

Assembly respectively; and no petition shall be noticed, nor any

l

roll of el&to% and no petitim shall-be noticed yhich shall not be

----_r

p~esentcd

within twenty-one days from the da of election, or one

week from tmrneeting ofTariament

h a p p e ~ -

Petitionto be

45. Any such petition shall, within ten days after the same shall a~@tgd,b*

\

,CO,.

have been d&y

receivTd, be referred to the Copr& above-mentioned,

Q o p e to yhich the said petition s&a&be

addressed.

- -

Proceedings aPCou*

46. The said Courts- r s ectivel,

in hearing and deciding on the

on petitione.

-W

merits of every such petition, S a1 be guided by the principles of good faith and equity, and shall receive or reject at their discretion any evidence that may be tendered to them, and slsall have power to compel the attendance of witnesses and to examine them on oath; and if any such Court shall declare that any person was not--d;ly

elected who was returned as elected by the Returning Officer of any Electoral District, the erson so declarid to have been not duly electea

\

shall cease to be a M e ~ K 6 f 3 w a t i v e '$ G7Gcil or Hous'e uf

)

A s s e x a s the c m may be; and if such Court shall declare any person (0' have been, duiy elected. piho was not--by any

be swcrn a M c 3 m E ~ t ~ a i d Legislative C"ounri1 or House of ltcturning Officer, the person ~~~&xeii.-to.Jxdd$ elected shall

Assembly, as the case may be, and take his seat accordingly; and if

1 such Court shall declare any election to have been

the Pmident, or Speaker,oitlie same being certified to h m . p h e

President of the Court, shall forthwith cause to be issued a new writ

for the holding of another election for such district.

And for the prevention of bribery and corruption-Be

it

Enacted as follows:

rnatflhall

bedeemed

47- All and each of the following acts shall be deemed and takcn to be acts of bribery and corruption on thc part of any can- didate, whether committed by such candidate or by any agent autho-

of bribery and

corruption.

.r a s Geo. IV., O~P.

rized to act for him, that is to say-the giving of money or any other

37, 8. 2.

article

article whatsoever, cockades included, to any elector, with a view to influence his vote, or the holding out to him any promise or ex- pectation of profit, advancement, or enrichment in any shape, in order to influence his vote, or making use of any threat to any elector, or otherwise intimidating him in any manner with a view to influence his vote; the treating of any elector, or the supplying him with meat, drink, lodging, or horse or carriage hire, or conveyance

by steam or otherwise, whilst at such election, or whilst engaged in

coming to or going from such election; the payment to any elector of any sum of money for acting or joining in any procession during such election, or before or after the same; the keeping open, or allowing to be kept open, any public-house, shop, booth, or tent, or place of entertainment, whether liquor or refreshment of any kind be distributed at such place of entertainment or not; the giving of any dinner, supper, breakfast, or other entertainment, at any place whatsoever, by a candidate to m y number of electors, with a view of influencing their votes.

48. The commission of any one of the above-mentioned acts shall, on proof thereof, by the decision of the above-mentioned Clourt, be

Any of the above acts

to disqualify.

held to render void the election of the person committing such act, and to disqualifjT him from sitting and voting in the said Parliament, during the whole geriod that may intervene between thc commission

of the same and the time of the next periodical or general election.

49, The acts of all authorized agents of a candidate or member shall, in matters connected with elections, be held to be the acts of

principal^ bound by

acts of their agents.

their principal, provided that it shall be proved to the satisfaction of the above-mentioned Courts, that such acts were committed with his knowledge or consent.

50. If any of the above-mentioned acts, hereby declared to be acts

Acts of bribcry and

corruption by persone

of bribery and corruption, shall be committed by any person not

not being the au-

the authorized agent of any candidate or mcmber, the person so

thorized agents.

committing, or having co~nrnittcd them, shall be deemed guilty of a misdemeanor, and may be indicted for such act as for a misdemeanor

in the supreme court: and punished with finc not exceeding Two "

~undredPounds, or i ~ p r i s o ~ m e n t not exct?tding six calendar months,

at the suit or on the plaint of Her Majesty's Attorney or Advocate- General, or of any registered elector of the district wherein such act of bribery or corruption shall be alleged to have been committed.

51. If any person who shall have, or claim to have, any right to P W U ~

on ~ C ~ S O W

vote in any election of a Member of the Legislative Council or House ~

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of Assembly for any Electoral District shall, directly or indirectly, ask witfioltiing rote.

receive, or take any money or other reward by way of gift, employ,

rnent, .or other reward whatsoever, for himself or for any of his family

or kindred, to give his vote or to abstain from giving his vote in any

such election; or if any person, by himself, his friends, or by any

person employed by him, shall, by any gift or reward, or by any

promise and agreement, or security for any gift or reward, procure

any perElon to give his vote in any such election, or to abstain f r m

giving the same, such offender shall, for such offence, forfeit he sum of Fifty Pounds sterling to the person who shall first sue for b same, to be recovered, with full costs, by action of debt, bill, plaint,

or information, in the Supreme Court.

/

Canaidate not to

52. I t shall not be lawful for any candidate for clection as a

canvas8 personally, or

election

Member of the said Legislative Council or House of Assembly, to

meetings.

solicit personally the vote of any elector, or to attend any meeting of electors, convened or held for the purposes of election, after the issue of a writ for the election of a Member for any Blectoral District, and before the return of any such writ; and the attendance of any candidate at any such meeting, or his personal solicitation of the vote of any elector, shall have the same efl~ct as the acts of bribery and corruption hereinbefore mentioned.

Noactionagainst can-

didate for cost or ex-

53. No action, suit, or other proceeding shall be maintainable in any Court of the said Province against any persons who may have been a candidate at any election for or in respect of any costs or expenses whatsoever in or about or relating to such election.

pellsoa of election.

IJunishment forvoting

twiae, or personating

54. Every person who shall vote a second t h e, or offer to vote tt

second time, i t the same election, for any ~ l c c t o r ~ l

District, or who

voters.

shall personate any other person for the purpose of voting at such election, shall be guilty of a misdemeanor; and upon being thereof convicted, shall be imprisoned for any term not more than two years, at the discretion of the Court who shall try such person.

Remuneration to

55. For the remuneration of the Returning Officers, and Special Magistrates, there shall be paid to them, in respect to the several matters and things by this Act directcd to be performed by them, the several sums mentioned in the Schedule K to this Act annexed, and such payments shall be made by the Colonial Treasurer, in pursuance of warrants under the hand of the Governor.

Returning Officers.

Payment of other

56. All necessary and reasonable expenses which shall be incurred virtue of this Act, for the purpose of carrying into effect thc several provisions hereof, and not otherwise provided for, shall, if allowed

oxpemcs incurred.

by any Returning Officer or other person appointed under and by

by the Governor, be paid and discharged out of the General Public

Revenues of the said Province, by warrants under the hand of the

Governor, directed to the Colonial Treasurer.

Provision in the event

of impedimenta of a

57. No election shall be held to be void in consequence solely of any delay in the holding of such election at the time appointed, or in the return of the writ, or the absence of the Returning OAicer, or any deputy, or any error on the part of any Returning Officer or deputy, which shall not affect the result of the election, or of any error or impediment of a mere formal nature, and within the period of twenty days before or &er the day appointed for the holding of any ultctian it shall be lawful for the said Governor, with the advice

forinsl natuxe.

of

of the Executive Council, to extend the time allowed for the holding of such election, or for the return of the writ issued for the same, and to adopt or cause to be adopted such measures as may be neces- sary to remove any obstacle by which the due course of any election may be impeded, and to supply any deficiency that may otherwise affect the same: Provided that any measures so adopted by the Governor, with the advice of the Executive Council, shall be duly notified in the South Australian Government Gazette.

58. Every person who may, under the provisions hewof, be ap Declarations ta be

maae by offloera

pointed a lieturning Officer, or Deputy Returning Officer, shall, before a ~ ~ t i ~ ~,

md

before he enters on the performance of any duty under the same, & ~ ~ ~ ~ ~ ~ &.

make and subscribe, before a Justice of the Peace, the following

declaration, and the Justice before whom such declaration may be made, is hereby required to transmit the same, by the first convenient opportunity, to the Chief Secretary of South Australia-

I (A. B.) do hereby declare that I accept the office of declare that I will faithfully perform the duties of the same, to the best of my understanding and ability, and that I will not reveal or disclose any knowledge that 1 may acquire in the discharge of my said office touching the vote of any elector."

and I do hereby promise and

59. If any Returning Officer, or any Deputy Returning Officer, Penalty on officers

after having accepted office as such, shall neglect or refuse to perform

gg,ing

Or neg*e.ti*

any of the duties whkh by the provisions hereof he is required to perform, every such Returning Officer or Deputy Returning Officer, shall, for every such offence, forfeit and pay any sum not less than Ten, nor exceeding Two Hundred Pounds; and, in like manner, if any clerk or other officer or person appointed under or by virtue of this Act, shall neglect or refuse to pcrforrn any of the duties which by the provisions hereof he is required to perform, every such clerk or other officer or person shall, for every such offence, forfcit and pay any sum not less than Five, and not exceeding Fifty Pounds.

60. The respective penalties before mentioned shall be recovered, Recove and eppli-

with full costs of suit, by any person who shall sue for the same cBtiOn'~odtia.

within three calendar months after the commissioa of such offence,

by action, in the Supreme Court of the said Province; and the

money so recovered shall, after payment of the costs and expenses

attending the recovery thereof, be paid and apportioned as follows,

that is to say-one moiety thereof to the person so suing, and the

other moiety thereof to Her Majesty for the public uses of the Pro-

vince and support of the Government thereof.

61. All appointments hereinbefore authorized to be made by the Amointmente to be

Governor after this Act shall have wholly come into operation shall ~

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be made with the advice and consent of the Executive Council.

council.

X

62. When

Repea1

63. An Ordinance 80.

1, 1851, " To establish t 3

hgiddive

f. m L o f South -Australia, end to provide For the electloll o

f

melll-

A--

brrs to scrvc in the same," shall bbo ancl the same is herelfiepcdcd.

~hort

titl~.

64. In referring to this Act it shall bc suAicicnt to malrc usc of

.>

the expression " The Electoral Act."

SCHEDULES REFERRED TO.

'BOUNDARIES OF ELECTORAL DISTRICTS.

District. -

No. l. CITY

OF ADELAIDE.-composing the whole of North and South

Adelaide, and the Park Lands bounding the same

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. Six Members.

No. 2. PORT

A D E ~ A I D E; . - - B o u ~ ~ ~ ~

on the south by a line commencing at a

point on the sea coast due west of the north-west angle of Section 1006, I-Iundred of Yatsla; thence easterly, along the north boundary of same Section, to the Port Adelaide Creek; thence northerly, along centre of said creek, to a point opposite the south-west angle of Section 929; thence easterly by the south boundaries of Sec- tions 929 and 924; northerly by the road between Sections 924 and 20'73 to the north- west angle of the latter Section; south-easterly in a straight line to the southern angle of Section 418; easterly by the south boundary of Section 417; nortllerly by the cast boundary of Section 417 to the Port Road; south-casterly to the southern angle of Section 405; north easterly by the boundary bctwccn Sections 405 and 398; north- westerly by the road to the southern anglc of Section 422, and northerly by the east boundary of the said Section; thence easterly by the road to the north-east corner of Section 360; thence northerly by the road to the Gawler River, between Sections 7568 and 7569, in the Hundreds of Port Adelaide and Rlunno Para rcspectivcly; thence westerly along the centre of the River Gawler, to a point where i t cuts the dividing lineof Sections 7523and 7513; thencewest, bythe southboundary of 7523,7522, and 7521, to a point where the Gawler River cuts the boundary between Sections 7500 and 7510; theqce by the centre of the aforesaid River Gawler, to the sea at PortGa~vlcr;

thence southerly by the sea coast to the point of commencement; together qrith the

whole of Yorlre's Peninsula lying south of a line from Port \vakefield to Point Riley T~~ ~

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No. 3. WEST TOREENS.-Bounded on the west by the sea coast, between the

Bay Road and the north-wept angle of Section 1006; thence by the Ijistrict of Port

Adelaide as far as the north-east corner of Section 360; thence south by the North

Road to the Park Jlands, between Scctions 2064 and 460; thence ~ e s t - s o u t h - ~ ~ ~ t,

and

south, by the north-north-west and west boundaries of the Park Lands, to their south- west angle; thcnee south-westerly and westerly by the Bay Road to the sea coast, a t

the point of commencemcnt

.

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No. 4. YATALA.-Bounded on the west by the District of Port Adelaide: on the

north by the centre of the Qawler River; on thc east by the South Para and its

branch, to its intersection with the road running through Section 1685, Hundred of

Yara Vqirra, thence by the road running southerly to the Little Para River; on the

' Two Members.

centre of said road, to the south-east angle of 3045; thcnce southerly, to the n ~ r t, h - ~ ~ ~ t

south by the said river to the centre of file road between 2136 and2144; thence, along

angle of 3002; thence south, by a straight line, to the east 1)oundary of 1566 at its point of intersection with the Dry Creek; thence, along the said creek, to its inter- section with the east boundary of Section 313; thence southerly, in a straight line, to the south-east angle of 504; thencc, across thc road; the-nce, along thc northern boundary of 508, easterly, to its north-east angle; thence south, along the east

of said section, to the centre of the River Torrens; thence wcsterly, by the centre of the said River Torrens, to its point of intersection with the eastern boundary of the Park Lands; thcnce northerly and westerly, by the boundary of the Park Lands, to

the point of commencement

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Two Members.

No. 5.

G u x ~ ~ ~ ~ c ~ a. - - B o u n d e d

on the west by the east boundary of the District

of Yatala; on the south by the centre of the River Torrens between cast side of Pre- liminary Section 508 and Section 5521, Hundred of Para Wirra, by Kangaroo Creek to the Stringy-bark Trigonometrical Station, by the Rangc to Mount Torrens, and by the spur of the aaid Mount rorrens to the hlain Range, and by the north boundaries of the Hundreds of Kanmantoo, and Monarto; on the east by a straight line from the north- east angle of the Hundred of Monarto, to the south-east angle of the Reedp Creek

due north to the County boundary between Sturt and Eyre; thence west to Keyne's District.

Bill Trigonometrical Station; thence westerly, by the north boundary of the County a

of Sturt, to its north-west angle; thence, by a line in a south-westerly direction to a

point where the South Para River enters the north boundary of Section 669 in the

8urrey, Section 960; thence to the north-east angle of the said Survey; thence MemJevs for each generally, in a westerly direction, to the point of commencement

.

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Two Memberr.

No. 6. EAST

TORRENS.-Bounded on the south by the main South-eastern Road

commencing at the point of intersection of the north side of said road with the south boundary of the Park Lands, and continuing by the said road to the boundary between t,he Hundreds of Adelaide and Onkaparinga; thence northerly by the said boundary to the Torrens; thence westerly by the centre of the River Torrens to its intersection with the eastern boundary of the Park Lands; thence southerly and westerly by the eastern and southern boundaries of the Park Lands, to the point of

commencement.

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No. 7. TRE STUBT.-Bounded by a line commencing at the south-west angle of the Park Lands; thence in an easterly direction by the south boundary line of the Park Lands to the main South-eastern Road; thence by the south-west side of the said road, to the boundary between the Hundreds of Adelaide and Noarlunga; thence westerly, by the boundary between the Hundreds of Adelaide and Noarlunga to its intersection with the north boundary of Section 81; thence westerly to the South Road, passing through Section 123, Hundred of Noarlunga; thence southerly by the South Road to its intersection with the north boundary of Section 521; thence westerly to the road along the east side of Section 572; thence northerly to its north- eastern angle; thence westerly by the boundary between Sections 569 and 572 to the sea coast; thence north, by sea coast to the Bay Road; thence by the Bay Road

to the point of comrncncement.

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Two Members.

No.

8.

N O A R L U N O A. - B O U ~ ~ ~ ~

on the north by the southern boundary of the

District of the Sturt, and by the main South-eastern Road, from the east angle of the last-named District to the Onkaparinga River; and on the west by the sea coast; on the east by thc centre of thc Onkaparinga River, from Section 3816 to the crossing of a road which forms the south boundary of Section No. 820, and the north boundary of Section No. 834; thcncc along the centre of this road to the south-west corner of Section No. 821; thence by a direct line, following a direction nearly south-east, to a trigonometrical station, known as Wickham's Hill; thence following the summit of the range about south-west, passing by another trigonometrical station, M'Leod's Hill, and crossing the Encounter Ray Road at the summit level above Willunga; thcnce continuing along the same range, passing Mount Terrible; and thence following that feature of the range, which

terminates at the south-west corner of Section No. 674.

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Two Members.

No. 9. MOUNT BARKER.-Rounded

on the east by the River Bremer, com-

mencing at its outlet into Lake Alexandrina; thence northerly by the centre of the said river to its junction with the Mount Barker Creek; thence following the centre of said creek to a point due south of Mount Barkcr Trigonometrical Station; thence

north, by a straight line to Mount Barker Trigonometrical Station; thence north-

west, along the main range to the north-west angle of Section 441 1; thence along

the range leading to Mount Magnificent south-westerly as far as the southern corner of Section 3827; thence north-westerly, along tke main South-eastern Road to its crossing of the River Onkaparinga; bounded on the west by the District of Noarlunga to that point of the summit of the Willunga Range cut by the En- counter Bay Road; thence easterly to Mount Magnificent, and southerly to the range between Mount Compass and Mount Observation; thence easterly, along the most direct spur to Mount Observation; thence by the boundary of the Hundred of Ngankita and Kondoparinga, to the north-west corner of Section 2363; thence by the centre of the Finniss River, following the south-west boundary of the Hundred of Alexandrina, to the county boundary of Hindmarsh and Sturt, near the east point of Hindmarsh Island; thence north-easterlyto Point Sturt; thence northerly, to the mouth of the River Bremer, the point of commencing. (This District comprises the Hundreds of Kondoparinga, Bremer, Alexandrina, Strathalbyn, Macclesfield, and Kuitpo)

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KO. 10.

O N K A P A R I N Q A. - B ~ U ~ ~ ~ ~

on the west by the east boundary of the

District of East Torrens; on the south, by the Districts of Noarlunga and Mount Barker, on the east by a line in a southerly direction from Mount Beevor Trigonome- trical Station to the north-east angle of Section 1789 (on the Bremer); thence,

along

the east and south boundaries of that Section to the River Brerner;

thence, Hm)er*for U Z C ~

by the River Bremer to its junction with the Mount Barlrer Crcek; on the north by District.

the District of Gumeracka

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>To. 11. T. :SC~GXTFR RAY.-Xoundcd

on the south awl north-west by the sea

coast, froln the sea-month of the Blurma~-, to the south angle of the District of

xoarlungrt; boundccl on thc north and north-west by the Districts of h'oariunp and

hlcunt Ual-ker, to thc southern angle of the last named District; thence by the boundary bctwccn the (hunties o f Hindmarsh and Stnrt, passing the east side of Mrmdoo Island, to the point of commencement; together with the whole of

Kangaroo Tsliinrt and Troubridgc Shoal

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Two Menibera.

No.

12. B~~~o~sa. - -Bounded

on the north and ~ c s t

by the Moorundee road,

from the whcrc it crosses the main range bctmcen Hawkcr's Hill and Mount DesPoid to its intcrxction with the Korth Para River, between Sections 141 and 1&3, and by the north branvh ofthe said rircr to it? junclion with the South Pars Itiver; on the south, by ths South I'ara, and that branch of the river running through Scction 66'3, Barossa Special Survcy, and by a line thence nc~:.~h-easterly

to the nlain range; thence cast, by the north boundary of the County of Sturt, to the south-east angle O F the Hundred of North Rhine. nine miles from the count,^ boundary; then(~e due north, about fifteen and a-half miles; thence due west, to

I l a ~ d ~ e r ' s

Hill 'I'rigonometrical Station; thcnce southerly, by the main range, to

t h ~

point of ~ornn~encc~nent.

(This District comprises thc Hundreds of Harossa,

Moorooroo, and Xorth Rhine, and the Town of Gawlcr)

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TWO

Members.

No. 13. TILE MUXRAY.--Commencing at the sea month of the Murray; thence northerly, by the east boundary of the Districts of Encounter Bay, Mount Barker, the IIundrcd of K:mmantoo; thence south-cxsterly, by the south b~undary of the Hundred of Tungkillo; thence nnrthcily, by tlw e'isf, bound:~ries of the IIundrcds of Tunglrillo and South lthinc; thcnce east, hy thc south boru~tlary of the Htmdred of North Rhine; thence north, by the east boundary of thc said Hundred; thence west, by the north boundary of the said Ilunctred; thencc northerly, by the east boundary of the County of Tight; 1)onndecl on the north by thc south boundary of the County of B u ~ ~ ~ L, and the northrrn limit of the Province; on the west, by a clue north line from thc Grcat Rend of the River Murrny; on the east, by the castern bounclary of the Province, from its northern limit to a point due west of the southern angle of thc County of l tns~ell, in about latitude 35 0 12' south; thence west to lhr sea coast, at the snuth point of the County of Xtusscll ;@thcnce north-

west by the sca coast to thc point of commencement.

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One Member.

XO. !

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~ J I (: I I T. - B O L I on thi? west by

the County of Gatyler;

on the

north-west by thc County of Stsuley; on the north-cnqt by the County of Hurra; on

the cast by the County of Eyrc; and on the south by the Diatrict of Rdrossa

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No. 15. Vrc.rnnr,i.-l3oundctl

on the north by tire south l~oundary

of the Dis-

trict of Murray; on the cnst by the cnst boundary ol' Ihe Province, frorn about latitude 3G Q 12' sonth to its southern limit; on thc west and south-west by the

sea cuast.. .

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One Member.

PTO. IF.

TILE B u n l t ~

AXD Cr,kn~.--Bounded on t,he south b y the Districts of

line running dne north from the month of the Wakcficld to the River Broughton; on Y::taln, Port Ailelaitle, and the Mnrray; on the wcst by Gulf St. Vinrenc, and hy a

the north by thc Rivcr Broughton, and by the north boundary of the County of Burra;

and on the east By the Districts of Murrny and I,ight. This district cornpriscs the

whole of the Counties of Gade r, Stadey and Burra..

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Three Members.

No. 17. FI,INDERS.-Comprises the Counly of F'linders, and all those portions of the Province to the westw2rd of thc wcst coast of Spencer's Gulf, all the remainiq portions of the Province lying to the north of thc Districts of Port Adelaide, iind the 13urra and Clue: bounded on the east by the District of hfurray; to~cthcr

with a11 Islands being west of thc mrridian of Cape Jervis, with the exccptlon of

Kangaroo Island, and Troubridge Shoal

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One Member.

NOTICES

NOTICES BY THE DEPUTY-RETURNING OFFICER. A

X hereby give notice, that I shall, on or before the twentieth day of this month (or of the month of next), make out a list of all persons, resident vithin the division, entitled to votc in the election of a Member of the Legislative Council for the Province of South Australia: And evwy person so cntitlcd is hereby required to deliver or transmit to me, on or before the said twentieth day of illis (or of the said) month, a claim in writing, containing his Christian name and surname, placc of abode, the nature of his qualification, and the name of the place, and number of the Sections, wllercin the property in respect of which he claims to vote is situate: Persons omitting to deliver or transmit snch claim will bc excluded from the register of voters for thc said division.

C

NOTICE BY THE RETURNING OFFICER.

I hereby give notice, that I shall, on or bcforc the ttvcnticth day of this month (or of the month of next), make out a list of all persons entitled to vote in the election of a Membcr of the House of Asscrnbly, to scrvc for the district of

: And every person so entitled is hcrcby required to deliver or

transmit to me, on or bcforc the said twentieth day of this (or of thc said) month,

a in writing, containing his Christian and surname, and place of abode: Persons

omitting to delivcr or transmit such claim will be excluded from the register of

voters for such district.

KOTICES

O F CLAIM.

L E G I R X L ~ T I V E COUNCIL.

To the Deput+y-Retuming Oflcer for

the Diuision of

I hereby give you notice, that I claim to lrnvc? my name inserted in the electoral list (or electonl roll) for the division of

in virtue of the property which I possess

at

(or of the dwelling-house which I occupy at

, or as the casc may be).

Dated

day of

in the year 18

(Signed)

JOIIN STILES, of (place of al~ode).

IXOUSE O F ASSEMBLY.

To the Returning Oficer of

the Disfrict o f

I hereby give you notice, that I claim to haw my name inserted in the electoral list (or electoral roll) in the district of

Dated at

day of

18

(Signed) JOHX

STILES,

(place of abode).

E

LISTS O F ELECTORS.

LIST OF ELECTORS FOR THE ISLECTURAL U I Y I S I O N O F

Christian name and surname

Placc of

Nature of Quali-

Where the property affording

of each person at full length.

abode.

fication.

the qualification is situated.

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(Signed)

A. B., Deputy Returning Officer.

Dated at

this

day of

LIST O F ELECTOR6 FOR THE ELECTORAL DISTRICT O F

Christian nnme and shrnanle

Place of abode.

Profcsgion or occupation.

of each person n t full length.

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(Signcd) A. B., Returning Officer.

Dated at

day of

NOTICE: O F OBJRCTlON

I hercby give you notice, that I object to the name of

of

(nnme and

describe the person ol~jected

to as in the electoral list, or roll), being retained on the

electoral list (or roll) of thc electoral district (or division), of

Datcd this

(Signed) JOHN

STTLES,

of (her(' state the place of abode or property for

which he is, or claims to be, includeci in tlw rlwtornl list or roll).

G

LIST OE' CLAIMANTS.

The following persons clainl to h a w their names inserted in tlic electoral list (or

roll) of the elc&okl division of

N a t ~ i w

of the propcrty or

Cllriltian name and rur-

Place of

qdiiicationiarcspcrt

or wliiLh

PIaw w l m o the propert)

nfiinc of each cxlaimant.

abode.

hc prefers hid claim.

or qualification is situntcd

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(Signed)

A. B., Ikputy Returning Ofticcr.

Dated at

this

day of

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

roll) for the district of

Cl~~istian

namo and surnnmo

of each persun at full lcugth.

Place of abode.

Profession or occupation.

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(Signed) A. B., Returning Officer.

Dated at

day of

IX

LIST OF PERSONS OBJECTED TO.

A

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

(Signed)

A. B., Deputy Returning Officer.

Dated at

this

day of

The following persons have been objected to as not entitled to have their names

retained on the electoral list (or roll) for the electoral district of

Christian name and surname

Place of abode.

Profession or occupation.

of each person at frill length.

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(Signed)

A. R., Returning Officer.

Dated a t

day of

SCHEDULE I.

I, A. B., Returning Officer for the District of

(or Deputy Returning

Officer for the Division of

), do hereby certify that C. D. of

was registered

as a voter upon the Electoral Roll for such

District (or Division), on the

day of

[and that the said C.D. had been previolisly registered

as an elector for the Electoral District of

1

(Signed)

A. B.,

Returning Officer, or

Deputy lieturning Officer.

Travelling, for each clay, in addition to amileagc of One Shilling permile

Holding Court of Revision, for each day (one guinea to be paid to

each&fagistrateattendingsuch Court) - - - - - - - - - - Clerk of Court of Ecvision, for each day - - - - - - - - - - Receiving and entering claims, for each name - - - - - - - -

Making and copying lists, for the first copy, per each folio of sevcnty-

twnwords - - - - - - - -

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For the second, and each succeeding copy, per folio

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Attending at day of nomination and day of taking votes

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Deputy-Returning Officer taking votes

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Voting Clerk

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A D E U I D ~

: Printed by authority by W. C. Cox, Government Printor, Victoria-rquare.

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