Electoral Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

No. 22.

Atz Act to a m e d the Electoral Act.

[Assented to, 1st pptornber, 1859.1

HEREAS it is expedient to amend the Electoral Act: Be it

W therefore Enacted, bjr the ~overnorh -ch ie f of the Province

of South Australia, with the advice and consent of'the Legislative

Council mid House of Assembly of the said Province, in this present

Parliament assembled, as fbllows-

1. Sections 7, 8, 9 and 10 of the said Act are hereby repealed.	Repeal of clnusea 7,8,
:', .tnd ' 0, 1,: So. 12,

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1857-8.

2. Some day in t l ~ e month of February, in the year one thousand eight hundred and sixt -four and i11 every fifth year	Forms of noticcl of
claim clcctors, to bo left with
thereafter, the Town Clerks of + orporations, and Clerks of District	Councils, in such part of ally electord district or division as
may bc within tllc respective limits of any Corporation or District Council, and in such part of any such district or division as may be without such limits, the police shall cause to be left at tllc residence of every person within the district, n notice according to the form of Schcdule C, to the said Act annexed, requiring all per- sons entitled to vote in thc election of Members of the Legislative Council and House of Assembly, to fill in and sign the riotice of their claim to he placed on the electoral roll for either or both Houses of Parliament, as they may bc entitled; and the occu- pier is hereby required to give notice to all male person#, of the age of tweaty-one years or upwards, resident at such dwelling-house, of the receipt by him of such form of claim, and that they a] e required to fill up and sign the same; and every such Clerk slid1 receive for such .service the sum mentioned in Schedule I to the said Act

anueseil. 3. Between

Nutice to voters to be 3. Between the first day of Tebruary, and the pventh Jay of Feb-

given by Eetiirrling -F

Officer of thc Pro- rum in every such year as aforesaid,the Returning Officer for the s a d

vince of time of scnd-	d n c e	sllsll cause to b	~ublished	a notice. in the Southiiush-alina
iug in notice of claim.

Govermzent Gazette, and &I two newspapers published in Adelaide, notifying to all persons, entitled to vote in the eIection of Menibers to serve in the Legislative Council and House of Assembly respectively, that the notice aforesaid is about forthwith to bc delivered to the.

occupier of every dwelling-house, and that all persons claiming to be inserted in any electoral list, must insert their names in the Schedules of such notices as. thereby and therein requircd, or they will not be cntitled to vote a t any election during the ensning year; and every person to whom the said notice shall be addressed shall forward the same, within seven days fiom the receipt thereof, either personally or tlirongh the Post Oflice, as stated in the said notice under a penalty of not more than Twenty Shillings, to be recovered in a sumnary way before two Justices of the Feacc for the said Province.

Claima when to be

4. Any person claiming to be inserted in any electoral roll may

for the electoral district or division, for v11ich he may so claim, in

the form in Schedule B, to this Act annexed, or to the like effect.

made.

at any time give notice of such claim to the Returning Officer

Lists to be made out

and left at certain 5. The Returning Ofhe r of everv electoral district or division

places for inspection. shall, on or before tce first day of A& and the first day of October

7

in every year make out a list to be called the e m o r a l list, =g

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the names in such list arranged in ahhabetical o rdemnder the headings of tlre subdivisionsuof the district into votibg places, according to the form of the Schedule hereto annexed, niarked A, of all persons resident within his clivision wllo may liave forwarded their claims to him in the manner aforesaid, as claiminq to be entitled to vote in elections for Members of the Lcgislatire i'ouncil, ancl a like list of all persons claiming to be entitled to vote in elec- tions for Members of' the I-Iousc of Assembly for such district; and &all sign, date, and certify such list to be correct, and shnll cause the same to be either printed or fairly and legibly transcribed and forwarded (by post) to the place of meeting of every Corporation

or District Council within the electoral district to wllich the said

list refers, and also to any police statiou in any such district beyond the limits of a Corporation or District Council; and the said lists shall be kept open to pulilic inspection a t all reitsonable hours a t

s ~ ~ c h places respectively until the twenty-first day of thc same months of April and October;

CIaim of persons to 6. Any person, having niade or being entitled to make such such _P-- ~ l e c t o r a l ~ ~ a n d who shall claim to have his name inserted therein, shall, on or before the twenty-first day of April or the twenty-first day of October, as the case may be, give notice thereof to the Returning Officer, in the forru of the Schedulc to this Act annexed, marked R, or to the like effect; and any pcrson whose name shall have been inserted, or who shall claim to have his name

have their names in-

selbtcd on clcctoral	claim as aforesaid, whose name shall not have been inserted in any
lists.

inserted,

itlserted, 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 twenty-fifth- day of A&l g October as the case may be, give, or cause to be given, to t5Z

Otficer, and also to the person objected to, or leave at his

place of %ode notice thereof, in writing, rtccordiog to the form in the Schedule to this Act annexed, marked C, or to the like effect; and the said Keturning Officer shall include thc names of all per- sons so claimiiig to be inserted on each clectord list, in separate

lists, according to the form in the Schedule to this Act annexed, List of peraonr obd

marked I) ; and the names of all persons objected to in separate j e ~ ~ e d iu.

lists, according to the form of the Schedule to this Act almcxed, marked E, within four d-from the receipt of such lastmentioned claims; and ~ a l ~ ~ ~ c o ~ n s of such several lists to be forwarded to the places aforesaid four dayq prior to the holding of the Half Yearly Court of Revision, as hereinafter providcd; and the said Returning Officer shall likewise keep separate lists of the names of

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

names of dl persons so objected to as aforesaid, to be perused by any person without payment of any fee, at all reasonable hours during such four cl:tys (Sunday excepted), and shall allow any per- son desiring the same to take a copy of each of such lists, on pay- ment of a sum of One Shilling for each copy so taken.

7. The provisions of the said Act, with regard to the delivering ~ ~ ~ m ~ e ~ ~ r ~ $ e c t i o n '

of claims and objertious by the post sllall be applicable to the claims and objections by this Act authorized to be made or given.

"'

R. The Revising Officer appointed by authority of the said - Act, E,",$~E~T

shall hold an open Court for the .revision of c k t u r a l lists on some

clay in the month of ?layJ and on some day in K h o n t h of \

Kovember in each year, illstead of the time for that purpose fixed _T --

- v 6 Act; and the provisions of the said Act rehtintiq to the

Courts of Kcvision - there- s k l l apply to the

Courts of ~ev l s ion T J ~ this Act directed to be held.

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9. Thc Returning Officers of elcctoral districts or divisions shall The "lectorcr1 rou.

cause every e-1_ectoral list so rcviseci and signed as aforesaid, to be fairly and truly copied i n i t h e electoral roll alphabetically, under the several headings of the subdivisionsofsuch district and divisions, into polling places, and shall insort opposite to every name in the column, showing the date of registration, the true date of the holding

of the Court of Revision at which the claim was allowed, and shall

cause such rolls, together with the electoral lists, to be preserved among the records of his office, and shall from time to time produce such electoral roll, and shall transmit a copy of thc revised list, con- taining t l ~ names of persons entitled to ~ o t e at elections of Members to serve in the Legislative Council, within fourteen days after each Court of Revision, to the Returning Officer of the Province, forming one electoral district.

10. The

HedordrolIr~giekr

of voters. 10. The eIectoraI rolI so corrected at any Court of Revision held

in the month of M a y i n & Y F r i	shall be the reeister of persons
v

entitled to vote 8-p elect io~ of Members to serve in the Legisla- tive Council or House of Assembly respectively, which may be held

between the Imt day of December and the first day of Jul, then

n i o w i n g - roll $0 correcteij at any -d ourt of

Revision held the month of November in any ycar shall be the

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register of persons entitle-d te at any<uch elecLi~n which may

b e = e m dav of June and the first dav of Januarv

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then next following. 4

person whose name may, for the time being, be upon an_y

roll, and who m a d-e and be entitled to have his xianre

pon any other electoral r o r may, upon payment of a fee

Uings and Sixpence, obtain from the Returning Officer

trict or d i v i s i ~ ~ in the electoral roll whereon his name may -

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e been mserted, a certificate of transfer, in the fbrm in SclleduIe

a Act annexed, addressed to the lteturning Officer of the

ct or division to which he shall desire to be transferred.

Every Returning Officer shall keep separate lists of certificates

of transfers issved and received, and shall insert in such lists all

tificates as may have been given by or received by him

the

ch Revising

tioned in such certificate of transfer the names of all persons included in the lists of certificates of transfers issued, and shall insert on the electoral roll of the date corresponding with that from which such transfer has been made the names of all persons who

may be included in the list of certificates of transfers received.

Copies of electoral 13. It shall not be necewwy for the Returning Ofiicer, upon tho receipt of any writ for the election of Members to serve in the Legis- lative Council or House of Assembly, to forward any copy of the electoral roll, together with the notices by the said Act required to

not to be sent.

be given by such Returning Officer.

\	Meetinp of electom	14. Anything in the said Act notwithstanding, it shall be lawful for any candidate to attend any meeting of electors, lleld for electoral purposes, more than twenty-four hours before the day appointed for nomination of candidate, or after the result of the election is 3 officially declared,
Letbra of nonzin~tion-	15. Letters proposing a candidate to represent any district., signed as in the said Act directed, may be delivered to the Returning Officer at sny time before the hour of noon of the day fixed for nomination.

Polling places. 16. In addition to the polling-places in Schedule B to the said

Act s p % ~ r e ~ a l l ~ h polling-laws specified in SchedqJz -

F

G to this Act annex~dr-	17. This
.cI

18. This Act may be cited as the " Electoral Arncndn~ent Act." sl;ult t i t i ~. 9

SCHEDULES REFERRED TO.

LIST OF ELECTORS.

LIST O F ELECTORS FOR THE ELECTOEAL DWJI1ION O F

ENTlTLED TO VOTE AT

Christian name and Where the property

'lace Of Of affording the qualifi- Date of

No. surname of each per-

son at full length. cation i s situated.

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(Signed) A. B., Deputy Returning Officer.

Dated a t this day of

LIST O F ELECTOR8 FOR THE ELECTORAL DISTRICT O F , AND

ENTITLED TO VOTE AT

I	I
I I	No,	of each person, at full length.

Christian name and surname	Plaae of abode.	Profession or occupation, lregistratior	1
l

Date of

(Signed) A. B., Returning Officer.

Dated a t day of

.

NOTICES O F CLAIM.

LEGISLATIVE COUNCIL.

To the Deputy Returning Oflcer for the Dzvision of

I hereby give you notice, that I, A.B., being a (natural born or naturalized)

subject of Her Majesty, claim to have my name inverted in the electoral list (or electoral 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 case may be),

and to vote at in the said division.

Dated day of in the year 18

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

HOUSE O F ASSEMBLY.

To the Returning O$icer of the District of

I hereby give you notice, that I, A.B., being a (natural born or naturalized) subject of Her Majeety, claim to have my name inserted in the electoral list (or electoral roll) in the district of, and to vote at in the said district.

Dated a t	day of	18
(Signed) JOHN STILES, (place of abode).

C

NOTICE OF OBJECTION. C

To the Returning Ofleer of f a d to the person objected to ).

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

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

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

Dated this

(Signed) JOHN STILES, of (here state the place of abode or property for

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

LIST O F CLAIMANTS. D

The following persons claim to have their names inscrted in the electoral list (OY roll) of the electoral division of	and to vote a t
Nature of thc property or / Place where the

NO. " , ~ ~ i ~ f p r ~ ~ ~ qualification ~ ~ ~ ~ ? ~ ~ ~ ~ ~ f

hc prefers his claim. tion is situated.

(Signed) A. B., Deputy Returning Officer.

Dated this day of

The following persons claim to have their names inserted in the electoral list (or rull) for the district of and to vote at

I Christian name and surname	af each person at full length.	1
I

Place of abode. Profmsion or occupation.

I

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(Signed) A. B., Returning Officer.

Dated at day of

LIST OF PERSONS OBJECTED TO. E

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

Nature of the propcrty

Christian name and aur- Place where the

Placc of or ualification for which

name of each person property or qualification

No. abode, (fiia name is on the

objected to. electoral list. is situated.

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(Signed) A. B., Deputy Returing Officer.

Dated at this day of

The

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

(Signed) A. R., Returning Officer.

Dated at day of

I, A R. [Returning O$ieer, or Deputy R r t u m i y O f l r w, for ~ I L P District or Biu i~ io~t

of] , [as the case mny be] do hcreby cerlify that C.D., of is duly registered as a voter for the said district (or division) in the electoral roll settled a t the Court of Revision held at on the d of ,%and that the said C.D., claiming to

be entitled to v=&striet-& division) of hath applied to he traoafcrrcd

hereto. Whereupon I, the said A.R., have given this ccrtificatc of t rm-e

said C.D., to the intent that his name may bc transferred from the c~cctoral roll of

the said district (or division) of to the electoral rolruf the rlistiict (or

division) of -

Dated the day of 18

(Signed) A. B.

To E.F., Returning Officx, (or Deputy Returning office^) for the Elcctolal District (or Dirision ) of

District or Divifiion. Other Toting Places than tlx chicf Voting Places.

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East Torrens .......................... 1	Glcn Osmond nnd Glynde.
Flinders ..............................	Port Augusta and Oratunga.
B u m and Clarc	Tn thc Hundred of Alma.

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Mount Barker	........................	Meadows Towndlip.
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Adelaide: