Electoral Act 1857 (SA)

Case
No judgment structure available for this case.

No. 12.

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I-IETtF:-lS it is espcdient to

the Act No. 10 of 1855-6,

-.

"

'l'u provide for the Election of' Rlvnlbcrs tu serve in thc Par-

liamcnt of South Australia," and i hc Act E (?. 8 o f .l $!?(jj'' To nrrlend an Act to provide for the election of JZcmbers to wlvc in he Parliament

of Sout h hustralia,"also the Act No. 32 of

lH55-fi "'h

make ft~rther

p-o-

C---

vision for the elcctioa of Mcnlbcrs to sc~vSGZFZP8rliitmcnt of South Australia: " Be it therefore Enacted, by the C+ovcrnor-in-Chief of the Province of South Austrdin, with thc advice and curlsent of the 1,egislatiue C:ouncil and House of Assembly of the said Province, ill this yreserlt Yarliarncrlt assemblcrl, as follows-

1. From and after the passing of this Act the three before-mentioned Acts, shall bc a1111 the

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Nos. l o a d 32,1865- 6

&H/-

and No. 8, 1856,

same are hereby r e p ~ a l e ~ r x c e p t

in su far as

*4 ()I

QLA

r t p a l r d.

the same may rcpcd m y Act or part of' any Act.

2. For the pnrposc of clccting Mernhcrs of the I&slative

C'oimcil,

Pmvinc r to form one

the said Yroviuce shall forin one clcctoral district; arid thc S

-

ckctoral districts specilicd in Schedule ~; ~ r t h k ~ c t % n c x c d,

shall

Housc: u i Assembly.

form elpctoral divisions of such di~trict

; and for the p q ~ o s e

of

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dcctin,o Nembrrs of the Eowe of :',ss~rnhly, the a n i d P m v i i i ~ h a l l

be divldcd into s c o e n t 6 rlectoral clistrklii, nhich shall h a w tllc

nam& and bou~iclurics, and shall ret1u.n the number u f Members

spccificd in the said Sch~ihde.

3. Tbc Governor shall, from among the persons rcsident in Ap~)oiutnrent of

the district, appoint a proper person to be the l%et~xrning

Offlcer ""'"""'flfi""-

of each electoral district; a i d in case of absence from the Pro-

IL

v i a c ~

vince, death, sickness, or other cause disabling any Returning Officer from acting, the Governor may at any time appoint some other person to act in the stead of such Returning Officcr; and every such appointment shall be valid, until such appointment shall be cancelled, and some other person appointed to be Returning Officer; and every Returning OfIicer may appoint such clerks, deputies, and other subordinate officers as may be necessary to carry this Act into execution.

P ~ O V ~ ~ O

h

CBSF the

4. No candidate for election, in any electoral district, shall be com-

Returning Officere

b e g n d t e,

petent to act as a Returning Officer at such election: and in the

other deficiency of

officers.

event of any inability or incornpetcrlcy of any person appointed to act as Returning Officer, or to perform any office or duty in execu- tion of this Act, the Governor may appoint &h other persons as he may deem fit, to perform such office or duty,

Returning O5cer for

Huuse of Assembly to

5. The Returning Officer for each clcctoral district shall be

be Dcputy Returniug

Officer fur Legislative

a Deputy Returning Officer for the same, as an electoral division, for

Council.

the election of Members to serve in the Legislative Council; and shall, within such division, haw and exercise a11 thc powers and perform the duties of a Eeturning Officer, with regard to thc formation and revision of lists of voters, and claimants, and of the electoral roll, and of all matters relating or incident thcrcto, ancl the appointment of clerks and deputies, and other oficers.

Toting places.

6. For each of the electoral districts and divisions, thcre shall be, within such district or division, such voting places as mentioned in Schedule B, to this Act annescd, and no othcr.

W'-

.

-

-

~ o r m s

of noticcs of

claim to be led with

7. Between the first day of March and the thirty-first day of appointed by the Dish-ict Councils unrlcr ()rdinancc No. l(i,lSG!.& in such part of any electoml district or division within the respective limits of any Corporation and District Council, ancl in such part of any such district or division without such limits, thcu the police shall ------- cmlse to be --- left at the resiclcnce of cvcry prrson within the district,

F,

,

March in every_yeaTe 'l'own G k s

of Corporations, and Clerks

electors.

-

A&rrr -/fly

.'

a notice according to thc fbrrn of Scllcdule C, to this Act nnncxed,

req~;iliXg all persons entitled to vote in the election of R1embei.s of the

Lcgslative Council and Housc of Assembly, to fill in and sign the notice of their claim to be placed on the electoral roll for either or both fIouses of Parliament, as they may be entitled; ard the occu- pier is hereby required to give notice to all male persons, of the age of twenty-one years or upwards, resident at such dwelling-house, of the receipt by him of such farm of claim, and that they are required to fill np and sign the same; and eve.1.y such Clerk shall receive for such service the sum xncntioncd in Schedulc I to this Act annexed.

be

8. Between thc first day of March

3

-

and the seventh day of

,

v"

Notice

iven by

to Returning

voter8

<fir

& ~ c e r

of the Province hiarch

in every y e a s h e Iteturnji~g

Officer for the Province shall

7

of time

sending in

C~LUSC

fo be published a notice, in the South Australim Government

notice of claim.

Gazett~, and in two newspapers published in Adclaide, notifyin5 to all persons, entitled to vote in the election of Members to serve 111 the Leeislative Council and Housc of Assembly rcspcctively, that the

notxe aforesaid is about forthwith to be delivered to thewoccupicr of

every

every dwelling-house, and that all persons claiming to be inserted in any elcctoral list, must insert their names in the Schedules of such notices as thereby and therein required, or they will not bc entitled to vote at any election during the ensuing year; and every person to whom the said notice slzall be addressed sllnll forward the same, within seven days from the receipt thereof, either ycrsonally or through the Post Office, as stated in the said notice, under a penalty of not more than Twenty Shillings, to be rccovered in a summnry way before two Justices of the Peace of the Province.

9. The Returning Officer of every electoral district or division shall, on or before the first day 01 &ky in every year, make out n list to be callca the clcctoral hst, h6viCr .the nurrics in such list arranged in alphabrtical order, unaer the headings of the subdivisions of the district iuto voting places, according to the form of the Schedulc: hereto annexed, marked I), of all persons rcsident within his clirision who may have forwarded thcir &ims to him in manner aforcsnid, as claiming. io be entitled to vote in elections for AIetnbers of the Legislative Council, and alike list of all persons claiming to be crititled to vote in elections for AIcrnbers of the Housc of Assembly for such district; and shall sign, clate, and certify such list to bc correct, and shall cause the sarvle to be either printed or fairly and legibly transcribctl and forwarded (by post) to the place of meeting of every Corporation or District Couucil within thc elcctoral district to wLich the said list refers, and also to any police station in any such district beyond the limits of a Cor- poration or 1)istric.t Conncil; and tllc said -- lists shall be 1xyt !)pen

to public inspection at all rcasonnl~lc

hours at snch places respect~vdy

until the twvuty-first day of thc snrnc montlr of May,

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CI

10. Any person, having made such claim as aforesaid, whose name shall not have been inserted in any sucli electoral list, and who shall

havc their names in-.

s c r t d on elet tural

claim to h a w his namc inserted therein, shall, on or beforc the

lists.

twenty-first day of May, give notice thereof to the Returning Officer, in the forrn of the 8chcdule to this .4ct annexed, marlied E, or to the like cffcct; ancl any person whose name shall have

titled to have his name retained therein; and any person so objecting

any such clcctoral list may object to any other person as not en- becn inserted, or who shall claim to have his name inserted, in

shall, on or before the t\~erltv-fifth day of Rlny, givc, or causc to be

given, to the Returning ~ff icer,

and also to the person objected

to, or leave at his place of abode notice thcreof, in writing, accordi~lg

to thc forrn in the Schcdule to this Act annexed, ma~ked F, or to

List of claimants,.

the like effect; and the said Returning Officer shall include the

names of all persons so claiming to be iilscrted on each electoral list,

in separate lists, according to the form in the Schedule to this Act

List of persons ob-.

annexed, marlicd G ; and the ilamcs of all persons nbjccted to in

jccted to.

separate lists, according to the form of the Schedule to this Act annexed, n~arlicd H, within four days from the receipt of such last- mentioned claims; and shall cause copies of such several lists to be forwarded to the places aforesaid four days prior to the holding of the Annual Court of Revision, as hereinafter provided; and the said Returning Officer shall likewisc kcep separate lists of the panics

of all persons so claiming as aforesaid, and also separate lists of the

names of all persons so objccted to as aforesaid, to be perused by any person without payment of any fee, at all reasonable hours during

such four days (Sunday excepted), 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.

OEcer

1

1. The Returning Officer of every electoral district or division may object to any person as not entitled to have his name retained on any electoral list, giving, or causing to be given, such notice of objection as aforesaid; and he is hereby required to object, in the case of all persons whom he shall have reason to believe are not entitled to be retained on the said lists.

object.

Notice of objection

12, It shall be sufficient, in every case of notice to any person objected to in any electoral list, if the notice, so required to be given as aforesaid, shall be sent by post, the sum chargeable as postage for the same being first paid, directed to the person to whom the same shall be sent, at his place of abode as described in the said list; and when any person shall be desirous of sending any such notice: of objection by the post he shall deliver the same, duly directed, open, and in duplicate, to the postmaster of any post office within such hours as shall have been previously given notice of at s ~ ~ c l i post office, and under such regulations with respect

may bc sent through

*&c post.

to the registration of such letters, and the fee to be paid for such

registration (which fee shall, in no case exceed 'I'wopence over ancl abovc the ordinary rate of postage) as shall from time to time Fc made bp the Postmaster-Gencral in that behalf; and in all cases in which such fee shall have been duly paid, the postmaster sliall compare the said notice and dqdicate, and, on being satisfied that they are alike in their addrcss and their contents, shall forward one of them to its addrcss by the post, and shall return the other to the partv bringing the same, duly stamped with the stamp of the said pos"t office; and the production by the party who posted such notice, of such stamped duplicate shall be cvidcnce of thenotice having been given to the person, at the placementioned insixhduplicate, on the day which

such notice would, in the ordinary course of post, have been delivered.

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Courh of Revision.

13. On some day bstwee,n the first day of

June and the thirtieth

f

8 p

:

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/cP;-,Y

day of Jun in every year a e v i i n ~ f i i c ~ p ~ o i n t e ~ ~ '; ~ ~

G &

X ,& .@!---

$

deem fit, shall, at such place within each clcctoral district as may be for

d

~

G overnor, at wch reasonable renluueration as he may

e

that purpose appointed by Proclamation published in the ~'j'ou*th Atas-

trcxlian Go~ler?zmrnt Gazette, hold an open Court for the revision of such

electoral lists, and may continue such Uo~ut

by adjournment; an=

Returning Officer shall, at the opening of the Court, produce the electoral rolls existing for the Lcgisltttive Co.~mcil and Honse of Assembly respectively, 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 other persons shall, on being thereto summoned, attend the Court, and shallanswer upon oath all such questions as the Court may put to

them,

them, or any of them, touching any matter necessary for revising such electoral lists; and the said Court shall insert in such lists respectively, the name of every person who, having claimed, shall make proof to the satisfaction of the Court that he is entitled to be inserted therein, and shall retain on the said lists the names of persons to whom no objection shall have been duly made, and shall also retain on the said lists the name of every person who shall have been objected to by any person, unless the party so objecting shall appear by himsel?, or by some one on his behalf, in support of such objection; and shall have powcr to change the voting placc of any elcctor on his application in person, or by somc one duly authorized on his behalf, and shall assign to every clcctor (who shall have f'ailed himself to elect) a voting place; and when the name af any person inserted in any electoral list shall have been duly objected to, and the person objecting shall apycar by himself, or by some one on his behalf, in support of such objection, the Court shall require proof of the cpallfication of the person so objccted to, and in case thc qualification of such person shall not be proved to the satisfaction of the Court, the said Court shall expnnge the name of every such person from the said list, and shall also expunge therefrom the name of every person who shall be proved to the Court to be dead, and shall have powcr, on the pcrsonal application of any elector, to clmige the description of the qualification of the elector, as appearing on the elcctoral list, without altering the date of registration, pro\-ided that the clector shall satisfy the Court, on oath, that the qualification proposed to be substituted is sufficient in law to entitle such person to vote, and shall correct any mistake, or supply any omission which shall be proved to the Court to have becn made in any such list, in respect of the name or place of abodc of any person who shall be included therein, or in respect of the local description of his property; and the Revising Officer shall, in open Court, write his initials against thc names struck out or in- serted, and against any part of any list in which any mistake shall have been corrected, ind shall sign his name to every page of the list so settled.

14. If in any case it shall appear to the Court that any person Persons making

shall haye made or attempted to sustain any frivolous and vexatious ~

6

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.

.

- claim, or objection, to have any name inserted or retained in any

roll of persons entitl~d to vote, it shall be lawful for such Court, in its discretion to xrialie such order as may be fit, for the payment by such person of the costs, or any part of the costs of any person, in resisting such claim, or objection, such order being in writing,

. a d specifying the sum (such sum not to exceed Ten Pounds), and

by and to whom, and when and where to be paid.

l

-5. Where any person whose name appears on any electoral list Provisions in c e r t h

caam of change of

for

any district shall be objected to on the ground of having changed abode.

his place of abode, the Court may retain the name of such person on the electoral list, providcd that sueh person or some ane on his behalf slid prove that he is possessed of the same qualification in respect of which his name has been inserted on such electoral list,

B

and

and shall also supply his true place of abode which the said Court

shall insert in such list.

The eloctord roll.

16. The Returning Officers of electoral clistricts or divisions shall

keep the electoral lists so revised and signed as aforesaid, and shall

cause ea of the same to be fairfy and truly copied into an alpha-

1 betical list in a separate book, to be -- called the electoral r& under the several hcadings of the subdivisions of such district and divi-

sion into polling places, and shall insert opposite to every name in the column showing the date of registration, the true date of the

holding of the Court, of Hevision at which the claim was allowed,

and shall cause each of s1;lch books, together with thc elcctoral lists

to be prcserved among the records of his office, and shall from time to time producc such book and every filture book into which the said electoral roll my be transcribed, ancl shall transmit a copy of such book, containing the names of persons entitlecl to 1 ote at clcc- tions of Menibers to serve in the Lcgisltittive Council, within fourtrcn days after each Court of Revision, to the Itc.tunling Officer of thc

l'rovince,

forming one electoral clistric t.

17. The elgc~t-

shall be the register of persons entitled

-,

- - -

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tc vote=

any elcction of tt Mcznber or Members to serve in

the said Legislative Co~ulcil or House of' Asscrnbly r~spectively,

which shall take place,between

the last _ d x

of' Uecernhcr,

--

in thc ~ m r

w.hdrein such register & m a v ~

b&n m$r.

and the

December in the succeecEifg year-:

Eo%li?l all*-ays, that the elec-

t o m in fohx ibr any electoral district, at the time of' the last

general election of thc l'rovirlue, so h r as the sanlc can be ascer- tained, with any additio~ls ~ ~ f 3 s e q ~ c n t l y I I ~ P tlwreto, and before the passing of this Act, shall be the elcctoral roll in forcc until tllc first day of January, one thousand eight hundred a ~ d fifty-r~i~lx -. and provided further, that the persons ~vhosc names wert. 011 the said electoral roll have not claimed to have their naines inscrted thereon.

Power of C!ourts of

Revidion.

18. Every Court of Revision, shall have power to require any person having the custody of ;-my book containing any ratc: mad^

within any such electoral district or division, or any imrt thereof;

during that or the preceding year, to produce the said book ;m1

dlow the sarnc to be inspected at any s\-leh C'ourt, and shall have power to adrnioist~~r 0 2 t h or affirrlradms as the caw imiy be to all persons who may bc required or tcnct:wd to be exainincd. and any person who shall i-tnswsr fiilsely to any law!iiI yucstiorl pnt to hiin at s~lcll examination sl~all be Liable to he proswnted f"r p e ~ j u r ~.

The Returning Officer

to furnivh coplea of

19. The Returning OKicw or his Cicsk shall frunish copies of any elcctvrd roll to all persons applying fin. tllv same on l)ayinc.nt of a reasonable price not exceeding Sixpence for every folio of seventy-

roll.

two words.

Personal attendance

of electors not neces-

20. No clector claiming to rt.@stcr his vote in any clcctoral &S-

sary to yrovr qualiti- trict or division shall be obliged to appear in person to l i d ~

proof

cation to vote, unless

rQpuircdby

of the. nature and sufficiency of his qualification. unless reqliirrd 11p

the

the Court at which he shall apply to be registered to attend in

person: Provided, that if such personal attendance be rexrdered requisite on the application of any party objecting as aforesaid, such party, if his objection be disullowed, shall defkay such expenses as thc Court shah award for claiinants' attendance, which expenses so awarded, shall be recoverable in any Court of competeat jurisdic-

tion in which the party entitled thereto shall sue for the same.

21. Writs for the election of members to wrve in the said L ~ ~ i s l a t i v e

w r i t s to be issued by

/

W o w u o r, A I ~

to

~ o u n c i m

House of Assembly ~*cspcctiuelv,

shall be issued b

the

to b.

Governor, directed to the Returning Officer bf &ch-Gloc=

a_Y_

istnct,

h ~vhirh writs s'fli;lU be nalncd the day of' xlomina,tior~

for such elec-

-_ _F".

tions, ancl in the event of any such elections being contested, the day

for t;&ing the votcs at tlie different voting places, and also the

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

---

v

selnbly respcchvclj+, of a notification of such vacancy.

23. All writs to bc issuecl for the election of Members of the said Form of mi t~.

+- --

Yarlia,ulent urder this Act shall be framed in any manner a d

form

_C_-------

-

which

may

bc

neccssa9 and ~ u 6 c i c ~ n t

for-3rtTiying the provisions

-- --

_- -

_- __

.

llercvf into cE6ct.

24. TJpon thr rec~ipt

of any writ for the election of h1einbem to RC

tllmmn~:

Qffi~rr,

and J)cyi~l\r

1:ttutn-

servc in the said 1,girlatir e Council, the Returning Officer shall

0fictr; foras-

enrlorsc the~eon

the ?lay o f rewiving the same, and shall, within two

& ~ ~ i l t ~

gLVo

-

noiicc of' \~riLq,

&a,

days frorn the receipt thereof, forward a copy thereof to the Deputy Returning Oficcr f'or citc;h di~ision of his ~ l i s t~ ic t; and cvery Ikputy Returaincr Ofiicer shall, upon the receipt of such copy, endorse thereon

?

tlie day of rccei~ring

thc same, m d sllall, within seven days from the re-

ceipt of swll copy, give the like notiws, i~ l ld

s

e

same by post,

togethcr

r r i~l l

a

aopj of the r l r r t o r a roll for the said division, to the

same plares as are hereinafter directed i ? d p~cscribed

with rcgarrd to

writs for the&ction

of 31cinbers to serw ill the liouse of .lssnnbly.

25. TTpon the reccipt of acy writ for the elcctioil of Mcmbcrs to R r t l ~ r n i n ~;

Officrr for

E ~ s e

of

Askc

' 1y t o

scn7c

in the fioxse of .lwr.nlbly, the Returning OfErcr shall endorse ,,,. ,;,,,ice oi $,,

of

thereon the clay of peck i \ in<. tlie same, and sl~ali,

within swTen ihp lit lllld::on, and of

9 elc L l l on

from t h ~

reccilbt tlicwof, gl\e ilotice thrreof m d of the day of no-

inirmtioii and of taliing votcs f i ~ d t h c i n, and of the chief voting place anfi othw voting placcs, if any, for taking the votrs: at such elcctiuns. a i d &all f o r ~ ~ a ~ d sucbh notire ?IT post, loguclw with a. copy

of the el~ctoral roll, to the places of rrlecting of cvery Curporution or IEisrrict Council within the eleciord district, and also to cvery

Yolicc

Station in a r~y

swh district beyond the limits of the Co~yom-

tions or District C'ouncils.

26. At,

BOOthsmay

he erected

26.

At every election the Returning Officer, if it shall appear to him expedient for taking votes at such election, may cause booths to be erected, or rooms to be hired and used as such booths, at the several polling places of his district or division mentioned in Schedule B, hereto annexed, and the same slinll be so divided and allotted into compartments as to the Returning Officer shall seem most convenient, and shall, before the day fixed for taking of votes, if there be a con- test, cause to be furnished, for the use of each booth, a copy of that portion of the electoral roll containing thc names of pzrsons entitled to vote at such voting place of the district or division, and shall under his hand certify such copy to be a true copy.

or hired for taking

rotes.

Returning Officer to

preside and appoint 27. The Returning Officer of each electoral district shall preside

the voting places. deputy to act for him and take the votes at each voting place: Pro-

deputies to preside at at the election within his district or division, and may appoint a

vided that such deputy be appointed by writing under the hand of

the said Returning Officer.

Adjournment of no-

28. Where the proceedings at any election shall be interropfcd or obstructed by any riot or open violence, whether such proceeding 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 business of such nomination, nor finally close the voting, but shall adjourn the nomination or the taking the votes at the particular voting place at which such inter- ruption or obstruction shall have happened, until the following day, and if necessary, shall further adjourn such nomillation or voting, aa 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 t,lxc 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 corn- mencement of the voting shall be regulated accordingly; and any day whereon the voting shall have bccn so adjouracd, shall not as to such

m~nation,

or of voting,

ip case of riot.

place be reckvncd the day of taking of votes at such election, within

the meaning hereof; and whenever the voting s l d l have been so

adjourned by any deputy of any Returning Officer. such deputy s l d l fo;thwit,h give notice of such adjournment to the Returning Officer, who shall i ~ o t finally declare the state of thc voting, or m& Pro- clamation of the Mcmber 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.

Candidates not tn

29. I t shall not beJawful

-?--7

for any candidate for election as a

canvass pcmonnlly or

Member of the s ~ e g & t t i v e

Council or Ilouse of Assembly to

5 atkndelcnjon

9

-

maeh@

solicit personally the vote of any elector, or to attend

. --.

any meeting

---.-.

,&~#~~&"e

&*-=-,

" ' 22 . /puy

%f electors convened orG1d for electoral

if such rneetmg

"

-

be held within three days of the dav appointed for the nomination of candidates for any eketoral d i s th~ t ,~no r until after the poll is

P

taken

taken for the said district; and the attendance of any candid& at any such meeting, oi+ his gcrsonal solicitatios of the vote of any

elector, shall h a w the same effect

_

as the

-

_------

acts of b r ibe2

-

and corruptionn

--

hereinafter inciltioiied.

30. *4ny two electors of any electoral district, may, before the day fixed for nomination, address and forward, or deliver to the

OfnOrcinntia

/ / l /

f,

Retwning CMict.r of such district, a lcttcr, signed by such two.

---

electors, as proporcr and seconder of a. person to bc therein named as A

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L*$- f i, zA:*~+3p

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a rantlidate to represent the diatrict; the person, also. proposed as a

i+,

.

,'

- /d.

/ M r

I- k'

ld-c-

candihtc, s i ~ w i f ~ i n ~ ~

his assent, ill writing, to act if elected; and

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7 / > G k 5 u

A-

on tllc day of nonnnation iinnlrd in the writ, tlic Beturning Officer

shall attend at noon, nt thc chief \-oting place of the electoral distric@-d-----*.;;.f-'*

'

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dd, F,,--&

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and shall tlicrc read the lcbttcr so a!!rlresserl

to 11im; and, if'

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there

--

- -

shall

4 -

A 4 2 2. M 4 1 7

n&be;tgy!tn.&~-

nr_linljcr of candirlatcs, so

~ r ~ o s e i l

:md secoidccl, and

consenting as afbre&& tlml arc by suc 1 wiit-requirecl. to be elected, the Rrtwning Otficvr shall d r r lek such eardidate or cmdidates to be clulj clccted, and inakc his return accostlingly; and, in tlie event of there being mart. randidatcs .so propowl, and seconded, a n d con- senting as aforesaid; than are 1Fsnd1 rnit re<uii;i3; C e Heturning Officer ahdl giw notice. at such &icf ~ o t i n g place, of thc narilc of thc candidntw, a n d of thc names of the pcrsorls by wllom they have been proposed and sccondcd, and of' tllc oilier 1 otinp ljlnces ir; his district, and of rht. d a y appointed in the writ for tllc taking of vutes, and of the time of votin:.

31. The elcction of hfenrhcrs of the Legi&tive Council and pr"c""in~"ntho

day of electim,

House of Assembly, at each voting place sliall bc held before the Returning Officer or his deputy, and the voting at e v i q election shall coiiiliirnre --- a t niilc o'clock in tlic forcnoon, and shall finally

P

-- ---

close at five o'clocli ilk tllc ilft~~ll0011

of?Ee same day, and shall be

c ~ u c t ~ d = ~ n l ~ i i c r followink@raTZ to say-Ercry elector entitled to vote, nml who shall I ote in the elcetion df Mrmbers of the Legis- lative Council or Idlouse of Asscmblv, as tlw case mav be, shall vote t

W

ard surname, abode am1 p r c m o n, o;

occupation; and, in case of

voting for a Member of the Lc~islative Council,

-.

thgnaturc o

-

..

qualification, and the ylacc wheic the p r ~ ~ t y

or ~ u a b

'

sit&iZEZ;

xllcreupon tllc Retunling Officer or his deputy S

=

a =a&-"against the rotcr's name on the electoral roll, and hand to

such wtc r a voting paper bearing the initials of tlie Returning

Officer or his deputy, and containing the Christian and surname of each candidate, and a blmk srluare printed ol~posite to the name of

each candidate. with a number corrcsponcling with the order of no~ni-

nation inserted in such square; and, in the went of two or more candidates being of the same name, the roting, paper shall contain the description of each such canclidatc, in adclltxon to his Christian

and surname, and number, and no other matter or thing; and thcre shall

be provided separate apartments, or placcs forming part of the polling

booth, into which thevoter h a l l immediately retire, and there, alme md

in private, without interruption, indicate the name of the candidate for whom he intends to vote, by making a cross within the square oppositc the

T

name;

name of such candidate, and shall then fold the same paper and

immediately deliver it so folded to thc Returning Officer or to his deputy, who shall forthwith publicly, and without opening the same, deposit it in a box to be provided for that purpose; and no voting paper so deposited in any box shall, on any account, be taken there- from, unless in the presence of scrutineers after the close of the election: Proviclerl, that no voting paper shall be receivecl unless i t be so foldcd as to render it in~~ossible for the Returning Officer, or

any othcr pcrson to see for what candidate or candida.tes the vote is

given; and any voter wilfully infringing any of the provisions of this clausc, or obstructing the voting by any unnecessary delay in per- forming any i ~ ~ t within the polllng booth, or room, sl~all bc deemed guilty of a misderncaniir.

NO

i n ~ ~ l i r y

of a voter

except as to his

32.

o inquiry shall he permittrd at any election as to the right

i b t i t y, h t h C T

he

of any persou to vote, exccpt only as follows, that is to say :-the

h ~ v o t c d b c f o r ~

on

the same election, artd

Returning Officer or his Deputy shail, if requircd by ariy two electors

as to qualification.

entitled to ~ o t e in the same Electoral District, put to any voter at the time of his tenclering his: vote, and not afterwards, the following questions, or any of them, and no other:-

Form

ot q ~ ~ e s t ~ o n s

to

F~ns~---kre you the person whose name appems as A.B. in the

bc put as

t o thcse

elcctorul roll- now in --7--

force for th- $lectoral

--. -

-Distr&t

points.

[or Division, bcing regwtrrehilierein for propcity de- scribed to bu situttteci in (heuc specify the street or place described in the electoral roll)?]

S z c o ~ ~ - - H a ~ - e

you dready voted at the present election ?

TI~IRD--&~

you, at the t iux of being rcgistercd, the qualifica- tion for which your imne now stands in the clcctord roll for the district of (specifying in cach case the par- ticulars of the qualification as dcscribcd in the electoral

roll), and are you still posst:sstcl of the same qualifi-

cation? [or as thc case may bc. Arc you of tlir age of

L/-/ -

JWU at the time of being -

twcnty-one years, and did-,

re&erecl?

and 40- you still reside within the District

- - --

-

-- -

(

of

'J--==

-.

Punishment for false

answer.

And no person required to ariswcr iny of the atid questions shall bc

permitted or qualified to vote until he sllall have tli~swercci the same, nor if he shall liave answered the snmc in such a manner as to show that he is not qualified to vote, and if ;my pcrson shall wilfdly make

a false answer to any of the questionsat'oresaid. he shall becl~~mectguilty

of a misdcmeaxtrror, anti may be indicted and punished accordingly.

Punishment for voting

33. Every person m-ho shall vote a second time, or offer to vote a

t w i c ~,

or personating

voters.

second time, at thc same election, for any Electoral District, or who

shall pc~sonate any other person for the purlme of voting at such

I

election, shall be guilty of a rnisdexrzeanor; ard upon being thereof

convicted, shall be imprisoiwd for any term not more tlmn two yam,

at the discretion of tho Court who shall try such person,

Deputies to seal box

34. Immediately before taking thc votes, thc Returning Oflicer or

and voting papers and

deliver them forthwith Deputy Eetwning Officer shall exhibit t h ~ balllot box empty, and

to Returning Officers. each Deputy Returning Officer s l d l immediately on the close

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

voting

voting papers which have been taken at the voting-place whereat he

presided, and shall, with the least delay possible, deliver or cause the same to be delivered to the Returning Ofiicer of the Electoral District, or to the Deputy Rcturning Officcr for the Electoral Division, as the case may bc; and in cases of elections of mrrnhers to serve in the Lcgislative Council, tllc Deputy Hoturrling Oficers for each division shall, with the least delay possible, deliver or cause to be delivered the whole of such boscs to the Eeturning Officer for the said Province; and itIlY Returning Ofiiccr or Deputy Xeturning Officer convicted of illegally dealing with the ballot boxcs, shall be guilty of a misdemeanor and be liable to n penalty of not less than Fifty nor more than Two Hundred Pounds, and to imprisonment until the same be paid.

35. The Returning Officer of

each Electoral

.District shall at the N-mes o f p r r ~ o n ~

clcctc~tl

to be tleclnred

place of nomination, and as soon as Inay be practicable aftcr the by Rcturnlng ofiwr.

election shall have been held. in the prcscnec of two or morc

scrutineers, whereof each candidate shall name one, open all the

boxcs containing thc voting papcrs cleliverccl in at such elcrtior~, and

shall exarninc the same, and shall ~ e j c c ~

all voting papers which ~11~11

contain tllc nalricls of more persons than tire rcquirccl to bc elected at any such clcction, or shall contain m y matter or thing other tlmn such names, and shall opcnly dcclttrc the gcilcrnl statc of Ihc votes

at the close of the clcction, as the savrle s l d have becn r:~ade up by

him from the voting payera takw at thc scvr:ral voting-placrr.; and he shall at the same time and place clcclarc the name of tllc pc .son or persons who miy ~ ~ L L V C been duly e1ectt:d at such t+xtion; *rnrl in the event of tBc r~urribcr of totes being found to have been equal for any two ox morc candidates he s l d l by his castii~g vote clecid~ which

of' the ssmc citldi~i;~tcs

shall be ulectcrl:

I'rovicled, howpver, that no Ttcturning Ofbcer not

Keturninp Officer shall vote at any election for thc lilxtural District 2 ~ ~, " ~ ~; ~ t ~ ~; ;, ~

of which he is t h

ltetunling Oficcr, cxrcpt in case of an qual i ty of

votes as aforesni tl: Y rovided :ho, that it shall arid may bc lawful for the deputy of any Returning Officer to vote at any election for the Electoral District, in like manncr as if' he had not been

aypninted and acted as such deputy.

36. Thc imme of the person oi+persolls

so elected shall bc inserted in

Rctum of writs with n m m of electcd per -

or endorsed on the writ by the Rcturi~iug

Ofticer, and the writ rc:turned

endor~edfiereon.

to the Governor within the tiineby which the same niay be returnable.

37. All voting papprs shall be rtestroycd by t l ~

lietunling Officcr Iroting papers to bo

dtxstrt)ye~l

by tho

forthwith, after tlw declaration of thc names of tllcpcra)usduly elected. R,,,,,nina

.

,w

,

,

I

38. For the purpose of formin5 a Court for the trial of any ~ ( ~ ~ n f l t i n n ~ f c o ~ "

v trial of c o w n t 8

conlplaints which iwav bz mad c against the validilv of

any rchmis -mc

r i r l l a ~ e f

made by the ilrtol-&rlg. Officer3 of the scvcrd ;lectosal districts :WUI?~U~B

hereby crcated, the llegislative Council, within one week after its--

)

first meeting, and therciftcr within onc week after its first meeting

subsequent to each election, shall, supply the place of Mcm- .-

hers who slmll retire by rotatlon, a n d the House of Rsscmbly, within onc week after the first meeting subscqnent to every general election, shall elect, each out of its own body respectivcly, four persons to be Members of the said Court, and the junior or the sole

acting

Wting Judge of the Supreme Court shall be the President of such

COmt.

r"

-

~

0

woint

~

~

39.

~

If the said Legislati~e

0

~

Council or IIonse of Assembly shall fail

~lembersof

h u r t, if

Le~~isl;itive

C'ouncil or to elect the said four Mcrnbcrs of the said Court within the said one

fail to clect.

of fds3i.111b1~ week, such fow h1cmba.s way he nominated at any time aftrrwards

by the Prcsident or S~~ertkcr,

as the case may br; and if ant Member

l

shall be inca~:~citatecf

to 'attend a mectinrr. of the C'ourt b i reason of

' Kominrtion of ~ c m -

death, siclm&ssn,

or any other irilyeilimeiir', his placc s l d be supplied

be1 s of Cowt to sup-

ply vacancies.

by n person nominated for that ympose by the Legislative C‘ouncil or House of Aswnbly respectidy, or, in dc.fia~~lt of such nomination

for the period of one \c eck, Fy the l'residclzt or Speaker.

M-

Reeord of nomination

40. The reco~d

of the elcction or nomination of the said 3Iernbel.s

of hlerubrrs to be

proofot'proprr con-

of the said Courts respcctivdy shall be cntcreci by tllc Clerk of the

siitution of Courts.

Legislative Couucil or Honsc of ;\semhly on the proceedings of' the

Houses; and prcof of such elltry l~wing

' bccn nmic ~lliill bp SUE-

eient authority for the proper constitution of such Clourts.

Courts not to proceed

to business unlcss

41. The said Courts rcspcctiwly shall not proceed to any business ~ l l l ess

~01l~e1led

by order of the Lcgislativc C'ouncil or I~ousc

of

convtlIled

by the

%duive

Cu~n( i l

or Assemblv, ilor lrn til e5~:h

32mlb~r

thvs~of

sllall t i t h the following

House of Assembly.

oath or &-irmation, as the ease may be, x7hich shall bc administered by the President to cnr.11 of the Jlcnlbers, a i d ai'tcrwards by any Member to the President :-

Oath t o Be taken by

M embers of the

"I, A B. , do swear (or affirm, as the case may be) that I will duly administer-tkin

all matters whici;

nlny hc brought

COUI~S.

b x o % Z ~ r t, and that I will decide in all such matters accolding ta the lwinciplm of gox1 faith and e a u i. , without partiality;TsxVor, or affection, ancl according to the bwt of my unclcrstanding. So H E I ~ M K GOD,"

Powers of Courts.

42. The Courts tlius constitntecl shall haw

owcr to in&

into

all r w s which may bc brooght before each Court

'"6

y tli;

House by

w f i m

sliall hme been sppointed, r~apocting disputed returns of

Members to seive in the said IIousc, <T hcthcr such clisyutes~fise

out of an a m o r

in the return of t t ~ ~ e t n r i ~ i n ~

O & r ~ ? ~ ~ o u t

-

of the ?&ijon of bribery or corrnption against any person con- cerned 111 any el&ion, G u t of any other allv calculated to

.

..-.

1 affect the vnliditv of the return.

Conrts t c he guided

43. In the trial of any comp1;tints as aforesaid, thc Mcmbcrs of conscience of the case, without regard to legal f o r m and solcrnnitie$ and shall direct themselves by the best cviclcxlce that they can procure, or that is laid before them, whether the same be such evidence as the law would require in other cases 01. not.

ticu and good con-

the said Courts shall be guided by the real justice and good

science of each c m.

only by the red jju-

Collrt may replate

44. Each of the said Courts shall bc an open Court, and shall have

thr form of ~ t u

own

proceedings.

power to adjourn its sitting from timc to time, as in its discrcti~n

it may think proper, provided-that the interval of adjobrnment shall

not

Decisions to be given

not in my instance exceed four days, and shall be competent to

within five days, and

regulate the form of its own proceedings; but such proceedings shall

to be finnl, without

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

appeal.

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

that if no decision be adopted by a majority within five sitting days,

or any enlarged period as aforesaid, the President of the Court shall, on such evidencc as may thcn bc befvrc the Court, pronounce a decision; and that evcry decision, whcther so pronounced by the President or by the Court, shall be final and conclusive, without

appeal.

Inquiries by Court to

45. The said Courts shall not have powcr to inquire into the correct~lcss

bc. restrivtrd to den-

of any ductoral roll, or into the qualifications of persons

tity nf voters, and

yropr iety of adnrissian

whose votes may on the day of election have been either admitted

(11. rejection of votes.

or rejected, bnt simply into the identity of the persons, and whether

their votes were improperly admitted or rejected, assuming thc roll -

-

t~ bc correct.

46. I t shall be lawful for the said Courts respectively t,o award to

Costs may bt! awarded.

the party petitioning, or to the candida,te against whom the pcktition

shall have been presented, such reasonable costs and expenses as such Court inuv clmn fit; and such costs and cxpenses when awarded under the ha& of the Presidmt, shall be rec&erablc by action of debt from the party by such award made liable to pay the same.

47. All complaints of thc undue return of Jlernbers to serve in the Cou$:tmnt\

of undup

re4 W I W to btx by peti-

said 1,egislativc Council u,l. liouse of Assembly, shall be addressed in tioLl t o tllc L, ~ ~; . I ~ ~ ~ ~ ~

the form of CF3iEion to the said 1,egisTaGe (kmncil and House of

U 0 l l l l ( 1 1 ~ ~

I I ~ u ~ e o f

--A

Asemnbly

Assrmbly reymtively; and no l d i t i o n sha1'1bc noticcd, nor any proceedings had thcrcon, unless it shall have been so presented by a person who was il. candichtc at the election wliereof it may be a l l c g that an undue return has bccn made, or b y----- a number of - pw~_ons

who c i k ~ ~ o t _ c r l

or were qualified to h a ~ e v o t e at the s a d election,

amounting to not less than- oni tvnth of '€66 whole number on the

-d-L~

-. ,A~.,&

-v

-

-

-

P

- l - - - - -

(~4.f

roll of clectors: and no p&<&

ihnE be noticed which shdl not be

TL.

p'ksented witkn twentyone days from the day of election, or

- one

//

week from the meeting of Parliament which shall last happen.

48. Any such pctitjyn shall, within ten days after the same shall Petition tobe refcrrcd

refcrred to the Court above-mentioned, to Court.

have been duly received, b c

C __-

appointed by the IIouse to~vTli 'chXicS,zidp~X6~

shilI%e addressed.

49. The said Courts 1-espcctivcly, in hearing and deciding on the Pmwcdings of Co~u ta

merits of every such petition, slm11 be guided by the principles of On l)ctitions.

good faith and equity, and shall receive or reject at their discretion

any evidence that may be tendered to them, and shall 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 duly

elected who was returned as elected bv the I tc turn in~

Officer of anv f

Electoral District, the person so dechrcd to have Ybecn 4

\

elected shall cease to be a @ember of the Leg19 ative Council or

=.

-7

House

House of Assembly, as the case may be; and if such Conrt s h d declare any person to have been duly elocted who was t returned by any Returning Officer, the person so declared to b;%lected

the President, or Speaker, on the same being certified to him by the President of the Court, shall forthwith cause to be issued a new writ for the holding of another election for such district.

shall be sworn a Member of the said Legislative Council or House of* such Court shall declare any election to have been absolutely void,

What shdl bedoenled

50. The following acts shall be deemed and taken to be

acb of bribery and

corruption.

acts of bribery and corrirption on the part of any candidate,

'

L

"o.

37, S. 2.

whether committed by such candida,te or by any agent autllurized to act for him, that is to say-the giving of money or any other article whatsoever, cockades included, to tmv elector, with a view to influence his vote, or the holding but to him any ~mai i se or ex- pectation of profit, advancement, or enrichment in any shape, in order to influence his vote, or making use of any thrcut to any elector, or otherwise intimidating him in any manner with a view to influencc his vote; the treating of any clectk, or the supplying him with meat, drink, lodging, or horse or carriage hire, or couwyance by steam or otherwise, whilst at such election, or whilst engaged in coming to or going from such election; the payment to any elcctor

of any sum of money for acting or joining in any procession during

such election, or before or after the sumc; t l ~ kcel~ing open, or allowing to be kept open, any pddic-house, shop, hoo~h, or tcnt, or place of entertainment, whether li yuor or refrcshmcnt of any kind be distributed at such place of entcvtainuieut or riot; the g i~ ing of any dinner, supper, breakfast, or other cntcrt n,inmen t, at any place whrttsoevcr, by s candidate to any number of ulcctors, with s view of influencing their votes.

Any of the

acts

51, Thc ~ornmission

of any one of the above-mcntioed acts shall,

to disqualify.

on proof thereof, by the decision of the above-mentioned Court, be held to render void the clection of tho person con~mitting such act, and to disquttlify him from sittirlg and voting in the said Parliament,

during the whole period that may intervene between the comrliissior~

of the same and tlic tinic of the next periodical or general elcction,

Principals bound by

acts of their agents.

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

Acts of bribc1.y and

corruption by pelsona

53. If any of the above-mentioned acts, hercby cleclared to be acts of bribery ~d

corruption, shall be committed by any pcrson not

not being the

thorixed~gcntS-

the authorized agent of any cmdidatc or member, the person so committing, or having committed them, shall be iecmcd guilty of a misderneanor, and may be indicted for such act as for a misdemeanor in the Supreme Court, and punished with fine not exceeding Two

Hundred

Hundred Pounds, or imprisonment not exceeding six calendar months, a t the suit or on thc plttirit of Her Majesty's Attorney or Advocate- Giilcral, or of any registered elector of the district wherein such act of bribery or corruption shall bc alleged to have been committed.

Pendty on persons

54. If any person who shall have, or claim to have, any right to vote in any election of n Membcr of the Legislative Conncil or House

receiving or offering

reward for voting or

of ,4ssembly for any Nlectord District shall, directly or indirectly, ask,

withholding vote.

receive, or take m y money or other reward by way of gift, employ- mcnt, or other re\varcl whatsoever, for himself or for any of his family or kindred, to give his vote or to abstain from eiving his vote in any such clcction; or if any person, by hinlself, 111s friends, or by any person employed by him, shall, by any gift or reward, or by any proinisc and agreement, or sccurity for any gift or reward, yrocwe any pe~.son t,o give his vote in any such election, or to abstain from giving the same, such offendcr shall, for sl~cll offence+ forfeit the

suin of Fifty Pounds sterling to the person who shall first suc for the

same, to be recovered, with full costs, by action of dcbt, bill, plaint,

or information, in the Xuprerrie Court.

No action against can-

55. No action, suit, or othcr proccccling shall be maintainable in

didate for costs or

any Churt of the said Province against any persons who may have

expense8 of clection.

be& a calldidate at any election for or in rcsprcl of any costs or

expenses whatsoever in or about or relating to such election.

56. For the remuneration of thc Retunling Of-licers, there shall be lmid to tlmn. in rcspcct to the several matters and things by this ,W diyectcd to be pcrforincd by them, thc several sums men- tioncd in tlic Schcciule K to this Act nrure~ed, and no other, and

sncl~ paynwnts shall be made by the Treasurer, in pursuance of warrants under thc hand of the Governor.

57. 1'0 election shall be held to bc void in conseqncnce solely of Pr~vibionintbeevent

ui in~pdimczlts

of n

any d ~ l a y

of thc holding of surh election at the time appointed, or formalnature.

in the retlrrn of the writ, or the absence of the lteturning Officer,

or any clcyut,y, or any crror OIL thc p i~r t of any Iletlurling Officer or

deputy, which shall not affect the result of the clection, or of any error or impediment of a merc formal nature; and within the period of twcnty days before or after the day appuinted for the holding of any election, i t shall b r lawfd for the eajd Go~crnor, with the ndvice of thc Exrcutive C'ouncil, to P S ~ C ~ tlie time allowed for thc holding of sirrh election, or for the return of the writ issucd for the same, ad to adopt or cause to be adopted s~rcll ~ P E ~ S I L Y C S as may be Tjeccqsixry to rcalove m y obstaAe by which the c l u ~ course of any clection 'may be impeded, and to srlpply ;my deficiency that may

otherwise aflcct the s n ~ c : Providctl that any moasuws so adopted

ljy :lie Govwnor, with thr advicc of thp Psetwtive Council, shdl be

d.-1v notified in he Sozcth

,-lustrcclia?~ Gocerrmeizt Caxttc.

Drclarationu to hn

58. Every person

who may, under the provisions hereof, be ap- .,,d,.

by (,ffi,,,

bcforo n Jnstic.~,

and

pointed a Returning

Officer, or Deputy Returning Officer, fih;lU,

,

,

<

,

before Chief Secretary.

before he enters on the performance of any duty uhder the same, make and subscribe, before a Justice of the Peacc, the following declaration, and the Justice before whom such declwation ma.y be made, is hereby required to transmit the same, by thc first convenient opportunity, to the Chief Secretary of South Australia-

" I (A.B.) do hereby declare that I accept the office of

and I do hereby promise and declare that I will faithfdly perfbrrn the duties of the same, to the best of my understanding and ability, and that I will not rcveal or disclosc any lmowlcdge that I may acquire in the discharge of my said office touclli~lg

the vote of any elector."

Penalty on officers

59.

If any Returning Officer, or any Deputy Returning Officer, after having accepted office as such, shall neglect or refuse to perform any of the duties which by the provisions hereof, he is required to perform, every such ltcturning Officcr, or Deputy Returning Officer, shall, for every such offence, fbrfeit and pay any sum not less than Ten, nor exceeding Two Hundred Pounds; and, in like manner, if any clcrk or other officer or person appointed or required to perform any duty, under or by virtue of this Act, shall neglcct or refuse to perform any of the duties which by the provisions hereof he is required to perform, every such clerk or other officer or person shall, for evcry such offcnce, forfeit and pay any mm not less t h r Five, and not exceeding Fifty Pounds.

refusing or neglecting

duty.

Recovery and appli-

cation o f penalties.

60. The respective penalties before mentioned shall bc recovered, with full costs of suit, by any person who shall sue for the same within three calendar months aRcr the commission of such offence, by action in the Supreme Court of the said Province; and the nloncy so recovered sh.zill, after payment of the costs and espensw attending the recovery thereof, be paid a id 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 tllc Pro- vince and support of the Government thereof.

Where mattere to be

done fall on a holiday.

61. when any matter or thing is hereby directed to bc per- formed on a certain day, and that day shall happen to be Sunday, Good Friday, Christmas Day, or other public holiday, the said mat- ter or thing may be performed on the next succeeding day, not being any of the days aforesaid.

Commencement of

rc

62. This Act shall come into operation from and after the

assin

Act.

thereof.

>

Short tiue.

63, In referring to this Act it shall be sufficient to make use of

the expression 'C The Electoral Act."

SCHEDULES REFERRED TO.

BOUNDARIES O F ELECTORAL DISTRICTS.

-W~mhers

for each

No.

1. CITY OF

A D E L A I ~ E. - C O ~ ~ O S ~ ~ ~

the whole of North and South District.

--

Adelaide, and the Park Lands bounding the same

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.. Six MeInbers.

hro. 2. PORT h n - ~ r, ~ ~ n ~. - ~ o n n d e r l on the South by a line comrncncing at a ~ o i n t on thc sca coast due west of tlie north-west angle of Section 1006, Hundred of Satala; thcncc castcrly, along thc north boundary of same Section, to the Port 4delaide Creek; thence northerly, along centre of said crcek, to a point opposite ,he south-west angle of Section 029; thence easterly by thc south boundaries of Scc- ions 929 and 924; northerly by the road betwcen Sections 924 and 2073 to the north- west angle of the 1attc.r Section; south-easterly in a straight line to the southern angle rf Section 4 18; easterly by the south boundary of Section 417; northerly by the east )oundary of Section, 417 to the Port Road; south-easterly to the Southern angle of Section 405; north-easterly by the boundary between Sections 405 and 398; north- westerly by tllc road to the southern angle of Section 422, and northerly by the east ~oundary of the said Section; thence easterly by the road to the north-east coruer of Section 360; thence northerly b y the road to 11ic Qawlcr River, between Scctions

r568 and '7569, in thc Hundreds of Port Adclaidc and Munno Para rcspcctively;

hence westerly along the centre of the Rivcr Gawlcr, to a point whew it cuts the

lividinglineof Sections 7 5 2 3 and7513; thcncewcst,by thesohthboundaly of

'7523,7522,

md 7521, to a point where the Gawler Rirer cuts the boundary between Scctions 7500 nd 7610; thence hy the centre of the aforesaid River Gawlrr, to the sea at Port Gawler; hence sonthesly by the sea coast to the point of cornmeucc~nent; togrther with the vhole of Yorke's Izcninsula. lying south of a line from Port Wakefield to Point Itiley 'l'wo Members.

No, 3. Wssr Toan~xs.-Bounded on the west by the sea coast, between the {ay Road and the north-west angle of Section 1006; thence by the District of Port idclaide as far as the ~iorth-east corner of Section 360; tllence south by the North Load to the Park Tlanils, between Sections 2064 and 460; thence west-south-west, and outh, by the nortli-north-west and west bountlaries of the Park Lands, to their south- vest angle; thcncc south-westerly arid westerly by the Bay Koad to the sca coast, at

he point of commencement.

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, Two Membera.

No. 4.

Y A T A L A. - B o u ~ ~ ~ ~

on the west by the eastern boundary of the District

f West Torrens, ~ornmencing at. the south-east corner of Section 2064, and by the

ast by the South Para and its sontli branch, to its intersection with the road running

Iistrict of Port Adelaide; on the north by the centre of the Gawler Rirer; on the

hrough Scction 1685, IIundrcd of l'ara Wirra, thence by the road running southerly 3 the Little Para River; on the south by the said river to the centre of the road ctwccn 2136 and 2144; thence, slong centre of said road, to the south-east angle of 045; thence southerly, to the north-east angle of 3002 ; thence south, hy a straight ne, to the east boundary of 1566 at its point of intersection with the Dry Creek; lence along the said creek, to its intersection with the east boundary of Section 13; thence southerly in a straight line, to the south-east angle of 504; thence, crosv the road; thence along the l~orlhern boundary of 508, easterly, to its north- ast angle; thence south, along the east side of said Section, to the centre of the liver Torrens; thence westerly, by the centre of the said River Torrens, to its oint of intersection with the eastern boundary of the Park Lands; thence northerly nd westerly, by the boundary of the Park Lands, to the point of commencement Two Members.

No. 5. G u ~ ~ ~ a c ~ ~. - B o u n d e d

on the west by the east boundary of the District

f Yatala; on the south by the centre of the River Torrens bctween east side of Pre- minary Section 508 and Section 5521, Hundred of Para Wirra, by Kangaroo Creek to le Stringy-bark Trigonometrical Station, by the Range to Mount Torrens, and by the pur of thc said Mount Torrens to the Mttin Kange, and by the north boundaries of the Eundreds of Kanmantoo, and Monarto; on the east by a straight line from the north- 2st angle of the Hundred of Monarto, to the south-east angle of the Reedy Creek

W

Surver

Survey, Scction 960; thence to the north-cast anplc of the :?:!id S u r v ~ v;

thenrc Mefizt/ars fop.

encA

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

- -

- --

Hill Trigonometrical Statior;; thence wwterly, by the north boundary of the County - of Sturt, to its north-west angle; thence, by a line in a south-westerly direction to a poinl where the South Para River cntcrs the north boundary of Scction GB9 in the Harossa Special Survey; thence, following the course of the South Para River

gcncrally, in a wcsterly direction, to the point of commencement

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. Two Members.

No.

6.

EAST T o ~ f t ~ ~ s. - - T j o u ~ ~ d e d

on the south by the &in

South-eastcrn Rnad,

commencing a t the point of intersect~on of the north side of said roar1 ~v i th the south boundary of the Park I.antlu, and continuing by the said road to the boundary between the Hundreds of Atlelaide and Onkaparinga; thcnce nor~herly by the said boundary to the Torrens; thence westerly by thc ccntre of the R i w r T o r r ~ n s to its intersection with the eastern houndary of thc Park I ands; thence southerly and westerly by the eastern and s o u t h ~ r n bounddrics of thc Park Lands, to tllo point of

commencement. ..

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,. Two Memlrers.

No. '7. THE STURT.-Bounded

by a line commencing at the south-weqt angle of

the Park Lands; thence in an easterly direction by the south bounda~y line of the Park Lands to the main South-eastern Road; thencc hy thc sonth-west side of the said road, to the b o u n d ~ r y bctwecn the Hundrecls of Adelaide and Nonrlt~nga ;' thence westerly by the boundary between the Hundreds of Adelaide and Xoarlunga to its intersection with thc north boundary of Scction 81; thcncc westcrly to t l r South Road, passing through Section 123, Hundred of Noarlunga; thence southerly by the South Road to its intersectiol~ with the north boun(1ar.y of Section 591 ; thence westcrly to thc road along the east siclc of Section 572 : thencc northcrlg to its north- eastern angle; thence wrsterlp by the boundary betwern Sect,ions 5G!f i111d G72 to the sea coast: thence north, by sea coast to the Bay Road; thence by the Bay Road

to the point of commencement. .

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.. Two blembera.

No.

8.

~ T O A R L T J N G A. - B O U ~ ~ C ~

on the north by the southern boundary of thc

District of the Srurt, and by the main South-pastern Road, frnm the east ancle of the last-named District to the Onkapvringa River: and 011 the wcst by the sea coast; on the cast by thc ccntre of the Oikapnringa River, from Scction 3816 to the crossing of a road which forms the south houndary of Section No. 820, and the north boundary of Section Ko. 834; thence along the centrc of this road to the south-west corner of Sect~on No. 821; thencc by a direct linc, following n direction nearly south-east, to a tiigonometrioal station known as Wit-khanl's Hi11; thence following the summit of the range abont south-wht, pa~s ing b y another trigonornctrical station. MbLeod's Hill, and crossing the Encounter Ray Roa.1 at the summit level abo1.e W i h n g a; thence continning along the same range, passing Mount Terrible; and thence following that feature of the range, which terminates at

the south wcst corner of Scction No. 674.

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Members.

No.

9.

MOUNT B ~ n x ~ ~. - - B o u n d c d

on the east by the River Ercrncr, com-

mencing a t its cutlet into Lake Alexanclrina: thencc northerly b~ t l x ceiitrr of the said river to its junction with the Mount Barker Creek; thence following t h e centre of said creek to a point duc south of Mount Barker Trigonometrical Station: thcnce

I

north by a straight line to Mount Rarkcr Trigononletrical Station; thenw north- west along the main range to the north-next angle of Section 4411; thence along the range leading to Mount Magnificent south-westerly as far as the southrrn corner of Section 3827; thence north-westerly, along tlw main Houth-eastern H o d to its crossing of the River Onlittparinga; bounded on the west by the District of Noarlunga to that point of the summit of the Willunga Range cut by the Encounter Bay Road; thence easterly to Mount Magnificent, and southerly tn the ranpe between Mount Compass and Mount Obser~ation; thcnce easterly. along the most direct spur to Mount Obscruation; thence by the boundary of thc Hundred of Ngankita 2nd Kondoparinga, to the north-west corner of Section 2363 ; thence by the centre of' the Finniss Itivcr, following the south-west boundary of the Hundred of Alcxandrina. to the coun.ty boundary of E-Iindmarsh and Stnlt, near the east point, of I I indmar~h

Island; thence north-~asterly

to Point Sturt; thence northerly, to t he mouth of

the

River Dremcr, the point of commencing.

(This District comprises the Hundreds of

Kondoprtringa, Bremer, Alexandrina, Strathalbyn, Macclesfield, and Kuitpo.)

.. Two Mcnlbers.

No.

10.

O N K A P A R I N G A. - R O U ~ ~ ~ ~

on the west by thc east boundary of the

District of East Tonens; on the south, by the Districts of Noarlunga and Mount Barker, on the east by a line in a southerly direction from Mount Beevor Trigono- metrical Station to the north-east ttngle of Section 1789 (on the Bso~ner); tkesce,

along

along the east and south blm~daried' of that Scction to t,hc River Brcrncr; thence, Menahers for each

Distrie t

by the River Bremer to its junction with the Mount Barker Creek; on the north by

.

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L

the District of Gumeracka

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Two Mcmbers.

No. 11. ENCOUNTER

BAY.-Bounded

on the south and north-w~st by the sea

coast, from the sea-mouth of the Murray, to the south angle of thc District of Noarlnnga; bounded on the north and north-west by the Districts of Noarlunga and Mount Barker, to the southcm angle of the last-named District; thence by the boundary between the Conntirs of Mindmarsh and Sturt, passing the edst side of Mundoo Island, to the point of commencement; together mith the whole of

Kangaroo Island and Troubridge Shoal

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. 'l'wo Members.

No. 12. H~wssa.-Bounded on the north and west hy the Moorutdee road, from the point where it crosses the ~na in r a n p b~twecw Hawker's Hill and Mount Despond to its intersection mith thc North Para River, between Scctions 141 and 142, and by the north branch of thc said river to its junction mith the South Para River; on the south, by the South Para, and that branch of the river running through Scction 669, Barossa Special Survey, and by i i line thence north-easterly to tht. main r~lnge; thence east, by thc north boundary of the County of Sturt, to the south-east arigk of the H u n d ~ e d o f Nott11 Rhine, nine mlles from the County boundary; thmce clue north, ubout fiftccn and a half miles; thence due wcst, to Hawker's Hill Trigonamctricnl Station; thcnce southerly, by thc main range, to the point of con~mcnccrnent. (This District con~prises the IIundrcds of Barossa,

hfoorooroo, and North Rhine, and the Town of ('xawler)

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Two Members.

No. 10. THE hfrrnrc~r..-Commcnring

at the sea mouth of thc Rlurray; thence

northerly, by tllc cast boundary of the 1)istricts of Encounter Bay, Mount Barlrcr, the Hunclrecl of Kanmantoo; thence south-eaqterly, by the south boundary of the Hundred of Tungliillo; thence northerly, by thc cast boundaries of the Hundreds of' 'l'un~gkillo and Sonth Rhiilr~: thtwce mrt, by thc south boundary of the Hundred

of

Nor1 h Rhine: t l ~ r n w

north, by the cast l~oundary

of the said Hundred; thcnce

wcst, by the nultk 'Cm~uda~y of thc said Hundred; thence northerly, by the east boundmy of thc County of Light; bounded on the north by thc south boundary of the County of Burrs, and the northern limit of thc Province; on the west, by a due north line from the Great Bend of the l!iv~r Murray; on the east, by thc castern boundary of thc Prolince, from its northern limit to a point due west of the southc~rn angle of the ('aunty of Kussc,ll, in about latiludt: 38 O 12' south; thence ~ e s t to the bea coast. at thr south point of the County or Russ~11; thence north-west

by the sca co,~st

to t h c point of commencement

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One Member.

K O 14.

1'1 n11

r .-Bdundt~l

on the west by the County of' (Xawler; on the north-

west by tlw ( ' o ~ ~ n l y

or Slar~lcy;

on the north-cast by the County of Burra; on the

east by tllr Countp of E y e; and on the south by thc District of Barossa

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Two Members.

No. 15. V1(- lo~1~.-Rounded on the north hy thr ,south boundary of the District of S l u r ~ a y

; on the east by the east bountlary of the Province, from about

latitudc 36

12' south to its southern limit; on the west and south-west by the

sea coast..

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Onc hlembrr.

NO. 16. THE BURRA AND

CLARK.-HOUII(~(

on the south by the Districts of

Yatala, Port Adclaidc, and the Murray; on

the west by Gulf Kt. Vincent, and by a

line r u n n i n ~

due north from tke mouth of the Wakefield to the Riwr Nroughton; on -

the north by the E v e r Hroug:htun, and by the north boundary of the County of Hurra;

ancl on the east by the Ijistricts of Murray and Light. This District conlprises the

whole of the Counties of Uawler, Stanley, and Hnrra

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'l'hree Members.

No. 17. F ~, ~ ~ ~ ~ ~ ~ s. - C o r n p r i s e s

the County of Flindcrs, and all those portions

of the Province to the westward of the west coast of Spcnccr's Gulf, and all the remaining portions of'the Province lying to the nolth of the Districts of Port Adelaide, and tire Hnrra and Clare; bounded on the east by the District of Murray; together with all islands being west of the mctidian of Cape Jerlin, with the exception of

Kangaroo Island, and Troubridge Shoal

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-

Yo.

Dietriot or Division.

lhief Voting Place

Other Voting Places.

1

City of Adelaide..

Corpor,ltion Acre

Hindmarsh-snuare and North Adelaide.

2

Port Adelaide ....

Port Adelaide

Dry Creek.

3

West Torrens ....

Bronlpton

The North Road, Hilton, and Glenelg.

4

Yatala ..........

Salisbury

Gilles Plains and Smith's Creek.

5

Gumeracka

......

Gumeracka

Tea-tree Gully and Mount Pleasant.

6

Eaut Torrene ....

Kensington

7

The 8turt ......

Unley

Brighton and South Road.

8 Noarlungit

......

Noarlunga

Willunga and Kappy Va1lt.y.

9 ' Mount Barker.

...

Strathdbyn

Mount Barker, IEchunga, Macclcsficld, and Milang.

10 1 Ollksparinga ....

Woodsidc

Nairne, K~nmnntoo,

Hahndo~f,

and Lobcthal.

11

Encounter Bay. .

Port Elliot

Goolwa, Tankalilla, and Rapid Bay.

12

Barosea

.......

Tanunda.

L) ndodi Valley, Guwler Town, Angaston & Truro.

13

The Murray

....

Wellington

Moorundec.

14

Light

..........

North Kapunda

Greenock Creek, fInmiltnn, and Riverton.

15

Victoria

.. .. .. .

Penula

Mount Gambier, Xoqquito Pluins, and Robe To\cn.

16

T l ~ c

Burra & Clarc

Kooringn

Clarc, Auburn, aud Muds Wirra.

17

Flindcrs

........

Port Lincoln

Mount Rcrnarkable.

SOUTH AUSTRALIA.

ELECTORAL DISTRICT Ol!'

Take notice, that you are hereby required to make known to every male person, of the age of 21 years and upwards, resident in your dwelling-house at the date of the receipt hereof, that they, and cach of-them, are to insert their names in the following Schedules, in order to entitle them or him to vote at elections of Memlwrs to serve in the Legislative Council or House of Assembly, far tlw said Province respectively; and you are further required to sign the declaration at Soot, and to cause this notice,

so soon as duly filled up and signed by yourself, to be delivered to Mr.

(residence) before the

day of

(Signed)

AB., Returning Officer for the District of

Dated this

day of

The undermentioned are the voting places appointed in this district :-

Chief voting place, .......

Other voting places

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SCHEDUCE OF PERSONS C1,AIMINO TO TOTE FOE NEWBERS OF THE LEGISLATIVE

COUNCIL.

.!

Signature of claimant,

Where thc property

Palling place

'lace

Of

N?ure .Of

and sulnamo of

afforainp tlw rlnaIification

abode.

qrlallficatlon.

& ~ ~ $. ,

t2c.

cacb pcrson, a t full length.

is situate.

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3

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I

BCIIEDULE O F YERSONS CLAIMING TO VOTE

F O E MEMBERS O F THE

HOUSE

O F

ASSRMBLY.

F

Signature of claimant,

I

Christian and surname

Placc of abodc.

at full length.

i

DECLARATION

I3ECLARATION.

J hercby dcclare that I have complied with the requirements of this notice, and &he abot'c is u true return of a11 matters relating thereto.

Dated this

clay of

(Signed) A. R.,

(bcine the person to whom the above notice is addressed).

LIST O F K1,ECTORS.

T.TST OF

ELECTORS FOR

T H E J3I;FCTORAL ~ I V I S T O N OF

, A N D

P

Clhristlsn n a u c and I

Wherc the property

R'o.

Placc of

Eature of Quali-

of

surname oi wch per- 1

sifording the quaiifi-

firntiou.

registration.

son a t full leugth.

cation is situated.

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(Signed) A. B. Deputy Returning Officer.

Dated at

this

day of

L l S T O F XT.ECTORS

FOB T I I E ELECTORAL 1)IS'L'RICT

OF

E X T I T L E D

10 TOTE

AT

3;

NOTICES OF CLAIM.

LEGISLATIVE

COU h+UIL.

To

the Deputy-IZetur&g O$'eer for the Division of

I hcrcby giw you notice, that I claim to hnvc my name inserted in the electoral list (or electoral roll) for the division of

in virtue of the property which I possess

at

(or of the dw&ing-hous=ch

I occupy at

, or as the case may be),

and to vote at

in the said division.

Datcd

day of

in the year 18

(Signed) JOHN

S T I T ~,

(place of abode).

H O U S E O F ASSEMBLY

fi

t h ~

&turni?/g Ojiccr of the District of

hi.rcl,y give you notice, that I claim to have my name inserted in the electoral

t i p t (or electoral roll) in the district of

,

and to vote at

in the

said district.

Dated at

day of

18

(Signed)

JOZN STILE#

(place of abodc).

G

F

F

NOTlCE Or' URJECTION.

To tfis Returning O$icer of

(and to the person o@cted to).

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

of

(name and

describe the person objected to as in the clectoral list or roll), being retained on the

electoral list (or roll) of the elcctoral district (or division), of

Dated this

(Signed) JOHN

STILES, of (here state thc place of abode or proprrty for

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

LIST OF CLAIMANTS.

The following persons claim to have their names inverted in the elcctoral list (or

roll) of the electoral division of

and to vote at

Nature of the property or

/place mhere the pro-

p;,.

Christian

sur-

'lace

of

qllaliGcation in respect of which jpcrlS or q~ralificntioa

, name of eatrh olaimant.

abode.

he prefers his claim.

!

is situated.

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(Signcd)

A. B., Deputy Beturning Officer.

Dated at

.

this

day oi'

The following persons claitn to have their names inserted in the electoral l id (or

roll) for the district of

and to votc a t

Christian name and surname

Place of abode.

1

Profewion or ortupatiun,

of ench person, at full length.

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1

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1

(8igned) A. B.,

Returning Officer.

Dated at

day of

LIST OF PERSONS OBJECTED TO.

H

The following persoils have been objected to, as riot being entitled to have their

namcs retained on thc electoral list (or roll) for the clectoral division of

Nature of the property

I,ldcc

the

Huce of

or qualification for aldch

, p,opertv or

name uf each person

l16cation

his name 1s on the

I

rlectoral list.

1s situated.

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C

(Signed)

A. B., Deputy Returning Officer.

Dated st

this

day of

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

C

I

Christinn nnmc and surname

I

Place of :.bode.

'

Profi.-bion or occnpation.

of twh person, at full length.

l

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-v-

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(Signed)

A. B., l teturnir~g

OfEcer.

Dated at

clap of

2

S.

d.

T o the Clerks of

1)istrict Co~~nci lq

and Town Clcrhs.

e~rept i r rg

the Town

Clclli of the Citv of Adclaide. for scrvicc.s perforn~rd

unclcr clause

10 0 0

'7, n sum not cscertlitip

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

1

T o tile Town Clcrli of the City of -\delaide, a sum not exceeding

.. .. ..

20

C

T o the Returning Officcrs proparing and copying electoral roll3 of Legis1:ttir.e Council and I-Iousr. of Assembly, for each folio of 1 0 0 6

qeventy-two word.;

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Making and copling lists of claims and objections: postage of same to

+ccs

rn1m.e they are t3 be exhibited; drawing ~ u t

and sending

l

by post notices of ol),jrrtio~i:

aticlding Revision Court, including

travelling expenses; and a11 othcr scrviccs, not includcd in thc

25 0 0

;\l)ovc, connected with the clnlenclinent and preservation of tlie roll.. To the Returning Officers O F 1)islrirls ( l to l?.) (per xmurn)]

To the Returning Officer SW the l'lovincc

(per nnnum).. .. .. .. .. .. .. 100

0

0

In addition to the above when elections take placc-

Attending on day of nomination

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Atlending on clay of roting

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,

'rravelling 011 r n c h owasiori iri idditiori to 1s. per milt,.

.. .. .. .. .. .. .. .

Attending t l ~ c

scrutiny and clcclnration

.. .. .. .. .. .. .. .. .. .. .. .. .. ..

Hire or erectlon of booths, at per booth, a sum not esccecling ,as per

voucher)

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

1

Statio~irry.

advcrti.;ing, and all othcr cspcnscs not inclutlcd in the above.

if the e l~ct ion

bc contcstcd

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I f n o t c o n t ~ s t c d

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Deputy ILeturning Offiwr 1akhg votes

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Clerk of Court of I k i s i o n and voting clerk

Doorkeeper on day of voting

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Conveyance of

ballot boxes (as pc'r ourh hers)

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