Electoral Act 1861 (SA)

ANNO VICESIMO QUARTO ET VICESIMO QUINTO
No. 20.

An Act to provide for the Election of Members to serve in the Parlh-

ment of the Province of South Australia.

[Reserved, 2 9th Novenlbm,

'1186 1 .]

VV HEREAS it is expedient to consolidate and amend the laws PmunbIe.

relating to the Election of Members to serve in the Parliament

of South Anstralia,--Be it therefore Enacted, by the Governor-in- Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province in this present Parliament assembled, as follows :-

l. The Electoral ACLNO.

12 of 2 1st Victoria, and the Electoral

R e p d of NO 12 of

Amendment Act-No. 2 2 of 18 59, shall be and the same are hereby

repealed; but nothing lawfully done under the authority thereof shall be invalidated, nor shall any rights acquired or liability incurred thereunder be affected by such repeal; but nevertheless, the provisions of this Act shall not apply to any vacancy in the House of A.ssembly, or to any election to supply any such vacancy which shall take place before the firat dissolution of the said House of Assembly after this Act shall come into operatio~; but the Acts hereby repealed shall so far as any such vacancy or election shall be concerned be and continue in full force and effect.

2. This Act may be cited as the "Electoral Act, 1861,"

Short title.

3. For the purpose of electing members of the Legislative meccorddbtricb.

Council, the said Province shall form one electoral district and such district shall be divided into electoral divisions, and the several electoral districts specified in Schedule A to this Act annexed, shall form such electoral divisions ; and for the purpose of electing

membera

members of the House of Assembly the said Province shall be divided into eighteen electoral districts, which shall have the names and boundaries specified in the said Schedule, and each district shall return two members.
4. For each electoral district and division there shall be such voting-places as are mentioned in Schedule B to this Act annexed, and such other voting places as the Governor may appoint by proclamation in the 8outh Australian Government Gazette, in ac- cordance with an Address from the Legislative Council and House of Assembly respectively.
Appointment of

returning officer for

5. The Governor shall appoint some fit person to be the

the Province.	returning officer of the said Province, who shall perform the duties hereinafter mentioned.
Appointment of
returning offioer for	6. In each district the Governor shall appoint some fit person to be returning officer for such district, to be called district re- turning officer, who shall perform the duties assigned to hiin by this Act, respecting the election of rnemhcrs to serve in the House of Assembly, and shall reside within his district.
each district.

District returning	7. Every district returning officer s l d be a depi~ty	returning
d c e r to be deputy

returning offlcer for

officer for the said Province, and shall perform the duties ~ssigncd to

the Province.

him by this Act, respecting the election of members to serve in the

Legislative

C o~mcil

Governor to appoint

8. The returning officer of the said Province and cvcry district

provisional ~ubstitute.

returning officer shall act until his appointment be cancelled,

a d in the case of his temporary abseim, inability, or disability

to act, the Governor shall appoint a substitutk to act tem- porarily in his place and stead; and the person so appointed shall perform and exercise the duties and powers, aud be suhject to the liabilities, of the retwning officer iu whose place lie is appointed: Provided, that no candidate for election in any electoral

&strict shall be competent to act as rcturnning officer.

Elatoral list for the

0. The deputy returning officer of every electoral division the year 1864, and every fihh year thereafter, as hereinafter provideJ, and on or before the firs; day of October in every year, make out a list, to form part of'the electoral list of the mid Province, wherein s l d be inserted the names of a31 persons who shall be oil the then existing electoral list hereinafter 'mentioned, so far as relates to persons resident within his division, Z L U ~ of all such other resident persons who may have forwarded their claims to him in manner hereinafter mentioned.

Prminco to be mad0

sliall, on or before the first day of April in every year, except in

out

Electmlriforthe

districts to be made

10. Every district returning officer shall, at the like periods,

outatmeperioae.

make Q U ~ a list, to be called the electoral list, for his district, wherein &all be inserted the names of all persons who shall be on the then d a t i n g electoral roll for his dktrict hereinafter mmtioned,

and of all other persous resident within his district, who may have
forwarded their claims to him in manner hereinafter mentioned.
Lists to be in alphs-

11. The several lists of voters for the said Provinw, aud district electoral lists shall be arranged in a1ph:tbetical order under the

betical order, and

copies to be left for

inspection at otEicea of

voting places iu the divisions and districts,

Corporations and

to the form Nos. 1 and 2 in Scl~eclule	C, to this	District Councils,
and, in certain cases,

returning officer shall sign, date, and.certify

at police stations.

and s21all cause thc snme t o. be either printed or fairly nnd lcgibly transcribed, and forwarded by post to the place of meeting of every Corporation or IXstrict Council within the electoral division or district to which the said lists re- spectively refer, and also to any police station in any such division or district beyond the limits of n Corporation or District
and the said lists, respectively, shall bc kept opcn t>o public ins
tion at all reesonnble hours at such places, respectively, until the
twenty-first day of the same moutlis of April and Octobcr.

12. Thcre sl~all,

during the month of February, in the year ono E~erp

forms of

five^^^^^

noticee to be

thousand eight hurlclrecl and sixty-hurl and in every fifth year there- left at every dwelling-

after, be left at the dwelliqyhouse of cvery person residing within the	~	~	mea	$	~	c	~	~	~	~
s:tid Province a Schedule, in the form So. 1 in Schedule D, to this h e t annexed, to be filled up and signed, with their Christian ind sur- names in full, by the persons resident in such dwelling-house, who claim to be qualified to vote at the election of members for the Legis- lative Co~uncil, ancl anotlm Schcclule, in the form No. 2 in the said Scl~edule I), to be in like manner filled up aud signed by the like persons who ciaim t o be qualified to vote at ttrc election oC nrembcrs for the T3ouse of Assembly, and such Schedules shall be headed wit>h
a notice reylxiring the occupier of such dwelling-house to cnll the
attention of all malt persorls of tlie age of twenty-one years, residelit in his dwelling-house, to tlie receipt hy hini of such Scheddes, and that t h y arc requinxl to .till up m d sign tlrc same, and after such Scl~edulcs shall have been filled up and signed :is aforesaid, the said occupier shall sign the declarstioil at the foot thercof, an3 forward tlic same within scvm days from the receipt thereof to the address

inentianed in the said notice.

13. The persons who slid1 leave or consc to be left the notices ~

;

mentioned in the last clause shall be :-
I. Town Clerks of Corporations, within the limits of thc municipal
boundaries of the cities or towns for which they are Clerks:
11. Clerks of District Councils, within the liluits of thc boundaries
of the district for which t h y are Clerks:
In. The Commissioner of Police for all other parts of the said
ovince not included in either of the preccding limits:
Town Clerk and Clerk to District5 Councils shall receive,

for the perforn~ance of the above duties, the suiil inentio~~ecl	in
Schedule li, to this Act annexed.

tbea

two newapepers.

Qwtt@

find of February, in the said year one thousand eight hundred and

sixty-four, and in every fifth year thereafter within the same period, the returning officer for the mid Province s h d cause to be published in the S0~8 Awstralian Government Gazette and in two newspapers published in Adelaide, a notice calling public attention that fresh electoral rolls are about to be formed, and that Schedules to be filled by persons claiming to have their names in- serted therein, have bee! or itre about to be left at every dwelliug- house within the said Province, and that every person desirous of having his name inserted in the new rolls must fill up and sign one or both of such Schedules, otherwise that his name will be excluded from
such rolls.
F r e a l i ~ " c be made

out every five years.

15. Every deputy and district returning officer shall, on or be- fore the first dasy of April, in the year one thousand eight hundred and sixty-four, and iu every fifth year thereafter, on or before the first day of April in that year, make out a fresh electoral list for his division and district of all persons whose names shall appear in the said Schedules as aforesaid, and of all persons who may have forwarded their claims to him in the manner provided by clause 12, and which electoral list s l d l be in lieu and stead of the electoral list which would otherwise have been prepared by him under clauses 9 and 10, but in other respects the said list shall be arranged and published in the same manner as hereinbefore pro- vided for the first-mentioned list*

Persons

to give

notice of their claim

16. Any persou wlro s21all not be on the electoral roll for the said

on e~eo- Province, and any person who shall not be on the electoral roll for

toral rolle.	any district, but who shall be duly qualified to be on such electoral rolle, or either of thenl, may have his name registered on the electoral roll for the said Province or district, as the case may be,
if he shall, on or before the first day of April, or the first day of
October in each year, as the case may be, give noticc of his claim in rnamer hereinafter provided.

Mode of giving

17. Every person making a claim as aforesaid, shall give or send

notice.	by post to the proper returning officer for the division or district in
which he shall be entitled to be registered, a notice of his claim, and shall state the voting place at which he intcnds to record his vote, and if he shall state uo voting place he shall be taken to in- tend to vote at the chief voting place.

Notice of claim for Legislative Council ; 18. The notice of claim for the Legislative Council shall contain
for HouseofAseembly. the particulars and be in the form No. 1 in Schedule E, to this Act annexed, or to the like effect; and the notice of claim for the House of Assembly shall contain the particulars and be in the form No. 2 in Schedule E, to this Act annexed, or to the like effect.

Permm omitted fmm

19. Any person who shall have duly made a claim to have his

lists may give notice

thereof.

name inserted in any electoral roll under any of the preceding clauses, and whose name shall have been omitted from the list intended to form such roll, may on or before the twentyfirst day of

April,
April, or the twentyfirst day of October, in each year, as the case
may be, give notice thereof to the proper returning offieer in the form in Schedule P to this Act annexed, or to the like effect, and such returning officer shall thereupon include the n m e s of all persons so claiming in a supplemental electoral list according to the form in Schedule G, to this Act annexed.
20. Every person whose name shall be on the electoral roll of Registered electors

the said Province, or on the electoral roll. for ally district, as the bciog on the mu rhv

may object to persons

case may be, may object to any person whose name shall appear amnotnudifi*I.
thereon, or on the electoral list, as not being entitled to have his name placed or retained thereon: Provided that the person so ob- jecting shall, on or before the twenty-fifth day of April, or the twenty-fifth day of October, as the case may be, give or cause to Notice of objectio~.
be @vcn to the returning officer and also to the person objected to, mtwe in writing according to the form in the Schedule H, to this Act annexed.

2 1. The returning officer shall, immediately after the receipt of

such notices of objection, make a list of the names of the persons objected ta mado.

objected to arranged in alphabetical ordcr in the forms No. I or 2

in Schedule I, to this Act annexed.

of persons

22. The returning officer shall keep in his office the list of voters f;~;~;&;~;~.$,

for his division, and the electoral list, nud supplemental electord t,+, be

for hs,,.

list, and the list of persons objected to, and permit the same to be tiOna

perused by any person at all reasonable hours, until the day for

holding the Court of Revision as hereinafter provided, without

payment of :my fee, r~nd shall allow any person, desiring the same,

to take a copy of such list, on the payment of the sum of One

Shilling for each copy so taken,

23. Every deputy and district returning officer may object to ~ r ~ $ t ~ e r
any person as not entitled to have his name retained on any elec-
toral roll or list, giying, or causing to be given, such notice of objection as aforesaid; a.nd he is hereby required to object in the

entitled to be retained on the said rolls or lists. case of all persons who he .shall have reason to believe are not

24. I t shall be sufficient, in every case of notice, to any person Notice of objection

objceted to in any electoral list, if the notice, so required to be given the	may be neat through
as afbresaid, 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 such post office, and under such regulations with respect to the registration of such letters, a d the fee to be paid for such
registration (which fee shall, in no case, exceed Twopence over and

3 N

above

s h e the ordinary rate of postage) as shall from time to time be
made by the Postmaster-General in that behalf; and in all csses in which such fee shall have been duly paid, the postmaster shall compare the said notice and duplicate, and, on being satisfied that they me alike in their address and their contents, shall seal or se- cure and forward one of them to its address by the post, and shall return the other to the party bringing the same, duly stamped with
the stamp of the said post office; and the production by the party
who posted such notice, of such stamped duplicate, shall be evi-
d e ~ e of the notice having been given to the person, at the plaee
mentioned in such duplicate, on the day which such notice would,
in the ordinary course of post, have been delivered.

court4 of ~teviei~n.

25.

On some day betwseu the first day of May and the thirty-first

day of May, and on some day between the first day of November
and the thirtieth day of November in every year, n revising officer to be appointed for that purpose by the Governor, at such reasoliable remuneration as he may deem fit, sbdl, at such place within each electoral district as may for that purpose be appointed by Proclama- tion published in the South Australian Government Gazette, hold an open Court for the revision of the electoral list and electoral rolls, and may coutinue such Court by adjournment; and the returning ofher shall, at tlie opening of the Court, produce the portions of the electoral lists and electoral rolls and supplemental electoral list of the said Province which relate to such division,
the electoral list and suppl~mental electoral list of his district, and the list of objections to such list and rolls, respectively;
and all collectors of rates, a,nd otber persons, shall, on being thereto summoned, attend the Court, and shall answer upon oath all such questions as the Court may put to them, or any of them, touching any matter necessary for revising such electoral rolls and registers; and the said Court shall insert in such rolls, res ectively; the name of every person who, having claimed, s h d

+inserted therein, and shall retain on the said rolls the names of per-

ma K e proof to the satisfaction of the Court that he is entitled to be

sons to whom no objection shall have been duly made, and shall

also retain on the said rolls the name of every person who shall

have been objected to by any person, unless the party so objecting

shall appear by himself, or by sonie one on his beha.lf, in support of such objection; and shall have power to change the voting place, or place of abode, of any elector on his application in person, or by some one duly authorized on his behalf; and when the name of any person inserted in any electoral list or electoral roll shall have beeu

duly objected to, and the person objecting shall appear by himself, ox by some one on his behalf', in support of such objection, thc Court shall require proof of the qualification of the person so objected to,

and in ease the qualificahon of such erson shall not be proved to

the satisfaction of the Court, the said B ourt hall expunge the name

of eve such person from the said roll, and shall also expunge there-

Ro* t i e name of every person who shall be proved to the Court

.to be aead, and &a11 have power, on the persond application of any

elector,

elector, to change the description of the qualification of the elector, as appearing on the electoral roll, provided that the elector 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 been made in any such roll, in respcet of the name or place of abode of any person who 811d be included therein, or in'respect of tlra local description of his property; and the reviviug officer shall, in open Court, write his initials against the uames struck out or inserted, and against any part of ally roll in which any mistalie shall have been corrected, and shall sign his listme to every pagc of the roll so settled.

26. If in any case it sllall appear to the Court that any person Pemonsmaking

frivolous claims or

sball have made or attempted to sustain any frivolous and vexatious &jWtiom topay
claim, or objection, to have any name inserted or retained in any
register of persons entitled to vote, it sljlla,lI be lamfd for such Court,

in&	discretion, to make such order as illay be fit, for the

by such person of the costs, or any part of the costs of m y person,
in resistin8 such claim or objection, such order being in writing, and specify~ng the enm (such sum not to exceed Ten Pounds), and by and to whom, and wheu and wherc to be paid.

27. Where any person whose name appears on any electoral roll for m y district shall be objected to on the ground of having chdnged	Provisions in cartain
oases of change of
abode.
his place of abode, the Count may rctairr the name of such person on the electoral roll, provided that such person or aor~le one on his

behalf shall

rave that he is pos~essed

of thc same qualification in

respect of W I !ich his name has been inserted on such electoral roll, and shall also supply his true place of abode, which the said Court shall insert in such roll.

28. The electoral lists made up in the month of April iu any

Liats tcvised in May

year when corrected at the Court of Revision in the month of May	to B(: oleatoral rolla,
following, shall form the electoral rolls of the said Province and ~istrict-respectivelv, and shall respectively bc the registers of voters at any election of mernbcrs to servc in the Legislative

last day of December and the first clay of July then next following;	Council and House of Assembly, which may be held between the
and the electoral list made up in the month of' October in any year, when corrected at thc Court of Revision in the month of November following, shall form the electoral rolls of the said Province and District respectively, and shall bc the register of voters at any such election betweell the last day of June and the first day of January then next following.

29. Every deputy and district returning ofher slid1 cause the Electoral rolls to be

kept by returning

electoral lists, when revised.. to be preserved among the records of officer.
his office, and permit inspe&oction of'the same, ancl &all trmsmit e
copy of the portion of the roll of the said Province, which relates
to his division, within fourteen days after each Court of Revision, to
the returning officer of the said Province. 30. The
30. The returning officers of electoral districts or divisions shall
keep the electoral rolls so revised and signed as aforesaid, and shall
cause each of the same to be fairly and tmly copied into an alpha- betical list in a sepmate book, to be called the " Register of Voters," under the several headings of the subdivisions of such district or division into polling places, and sllnll cause each of such books,
ta be preserved among the records of his office, and shnll from time
to time produce such book, and every future book into which any electoral roll. may be transcribed, and shall transnlit n copy of slzch book, contaiuing the names of persons entitled to vote at elections of members to scrve in the Legislative Council, vithin fourtccn days after each Court of Revision, to the returning officer of tbc said Province.

Persona ap aring on

Electoral in

3 1. All persons who ehall be registered on the electoral rolls for

November, 1862, to

the said Proviacc and districts respectively, which shall be revised

be deemed to be

registered.

under the repealed Acts, or either of them, at the Courts of Revision, last holdon before this Act comes iuto operation, sllall be deemed and taken to hnve been duly registered 011 the electoral rolls, so as to entitle such persons to be plficed 011 the register of voters under the next clause of this Act, or at the first Court of Revision holdeu. after this Act ~hnl l come into operation; and if any election shall

If elections take place

take place afkr this Act shall conw into operation, and before a

prior to November,

1862,

Court of Revision shall have been held under the provisions hereof, the electoral roll for the Proviuce which would have been in force if this Act had not'brcn passed shnll be deenwd and taken to be the register of voters under this Act for the purposes of such election.

Mode of preparing

32. And for providing first electoral rolls and register of voters for the election of Members to scrve in the House of Assembly, the several district returning officers as soon as possible after tliis Act shall come into operation, slmll make up lists of such persons ails shall reside in their respective districts, and who shall be registered on any of the district elcctord rolls wl~ich would have beell in force had this Act not been passed, and each list, when

rolls.

signed by the district returning officer shell, in case of au

election taking place bcforc the holding of a Court of Revision under the provisions hereof, form the first electoral roll and register

m of voters for the election of mclnbers for the district for w l h h the pemon signing such list is the seturliiug officer: Provided that it shall be lawful for the Governor to cause a Special Court of Revision for each district to be held, notice for holding such Special Court of Revision having previously been given by Yroclamatiou in the South Australian Governrnsnt Gazette.

Electors may be trans-

ferred to another di,

33. Any persou whose name may, for the time bciug, be upon any

' register of vcters, and who ma7 desire and be entitled to have his name inserted upon any other of roters, may, upon payment of n fee of TWO Shillings and Sixpence, obtain from the returning officer for the district or division in the register of voters whereon his name may hnve been inserted, a certificate of transfer, in the form in Schedule L to this Act anncxed, addreshed to the returning officer of the district or diviaion to which he shall desire to be transferred.
34. Every
List of tnrnslenbbe

34. Every returning officer shall keep separate lists of certificated k

of transfers issued and received, and shall insert in such listsl sU
such certificates as may have been given by or received by him since the date of the last Court of Revision, and shall produce mch lists to the revising officer at every half-yearly Court of Revision; and such revising officer shall erase from the register of voters mentioned
in such certificate of transfer the names of all eraons included in
the Lists of certificates of transfers issued, an 1 shall insert on the
register of voters of the date corresponding with that from which
such transfer has been made the names of a11 persons who are included in the list of certificates of transfers received, and are entitled to have their names inserted in the register.

35.

Any person whose name may for the time being be upon any E l e ~ b ~ a m v

electoral roll or re@ster of voters, and who may desire to change the polling placea.
polling place at which he is entered therein as intending to vote, to
some other voting place in the same division or district, the return-
ing officer of such division or district shall change such polling
place accordingly on receiving the written request of such voter, and
e fee of Two Shillings and Sixpence.

person having the custody of any book containing any rate made Beviaion.

SF. Every Court of Revision, .hall have power to require any Power of courtuof

within any such electoral district or division, or any part thereof, during that or the precedhg year, to produce the said book and allow the same to be in~pected at any such Court, aad shall have power to administer oaths or affirmations as the case may be to all persons who may be required or tendered to be examined; and any person who shall answer falsely to any lawful question put to him

at such examination @hall

be guilty of perjury.

37. The returning officer or his clerk shall furnish copies of any The rst.~ming

ofEloer

to f w d h copies of
electoral roll to all persons applying for the same on payment of a roil.
reasonable price not exceeding Sixpence for every folio of seventy-
two words.

38. No elector claiming to register his vote in any electoral dis- Pemnal attendame

of eleotam not nwes-

trict or division shall be obliged to appear in person to make proof,

,,,,,rirt,

of the nature and sufficiency itf his qualification, unless required by cation to vote, ~

required by the 'Dourt

the Court at which he shall apply to be registered to attend in person: Provided, that if such peraonal attendance be rendered requisite on the application of any person objecting as aforesaid, such person, if his objection be disallowed, shall defray such expenses a0

the Court ahall award for claimant's attendance, which &all be
recoverable in any Court of competent jurisdiction.

39. Writs for the election of members to serve in the said Legis- Writs to be issued b7

the Governor, and to

lative

Council and House of Assembly respectively, shall be issued be r c t m a ~ e t o h i a

by the Governor, directed to the proper returning officer; in which
writs shall be named the day of nonunation for such elections, and

in the event of any such elections being contested, the day for taking

8 0

the

the votw at the different voting places, and the day on which such
writs shall be made returnable to the said Governor.

40.

All writs for the purpose of electing a n~emher

to fill any seat

wnhif lmdb"~~b

vacancies only on

W-nt

of t h ~

Preei- in the Legislative Councll or House of Assembly, vacant by the death,

dent aoa SpOder*

resi nation, acceptance of office, or other incapacity of any member, President or Speaker of the said IAegislxtive Council or House of shnl f be issued by the Governor only, upon the receipt from the

Assembly respectively, of a notification of such vacancy.

FOTD

of w-rib,

41. All writs to be issued for the election of members of the said Parliament under this Act shall be framed in ally manner and form which may be necessary and sufficient fcr carrying the provisions hereof into effect.

Returning officer, end

42. Upon the receipt of any writ for the .election of members to

dcputyreturning offl- Serve in the' said 1,egislative Council, the retunling officcr shall cer for Legislative
~0unci1,togivonotiee endorse thereon thc day of receiving the same, and shall, within two of writs, &C. days from the receipt thereof, forni~rd a copy thereof to the deputy
returning officer for each division of' his district; and emry deputy returning officer shall, upon the rccciyt of wc lz copy, elidorse there- on the day of receiving the same, and shall, witldn seven days from

the receipt of such copy, give the like notices, and f~rwnrd

the s l ~ ~ ~ c

by post, together with w copy of the register of voters for the said division, to t'he same places as are hereinafter directed and pre- ~cribed with regard to writs ior the election of Menlbcrs to serve in the House of Assembly.

Returning nfflo~r

for

House of Assembly to	43. Upon the receipt of any writ for the election of meiubrrs to serve in the House of	Assembly, the returning officer shall endorse
i V e

nomination, and of

day

tl~creou

the clay of receiviug the same, and slmll, witllin seven days

election.

from	the ~ e c e i ~ t	thereof. give notice thereof and of the dav of
- -

J .2
nonlination and'of taking votes fixed tberain, and of tho clief v&og place aud other' voting places, if any, for taking the votes at such
elections, and shall forward such notice by post, together wit11 : L
copy of the register of voters, to the places of ineetinq of every Cor-

every police station in any such district beyoucl the limits of the

pomtiod or District Council within the electoral disthct, and also to

Corporations or District ('ouncils.

h t h s m a ~ b e c m c t e d	44. At every election the returning	officer, if it shall appear to
or hired for tuking

votes.	him expedient for talrirlg votes at such election, may came bootlrs to bc erected, or rooms to be hired aud used as such booths, zkt the several polling places of liis district or divisio~i nlentiolred in Schedule B, to this Aet annexed, and the same shall be so divicled and dlotted into compartments as to the returning officer shdl seem most convenient, m d shall, before the day h e c i for taking of votes,
if there be a contest, cause to be furnished, for the use of cach booth, a copy of th& portion of the i e~ister of voters containing the
names of persons entitled to vote at sGch voting place of thc

t	district or division, and shall under Lia Land certify such copy to be rm fme copy. 45. The

25. The returning officer of each electoral district shall preside

Returning oiffoer b

pre~ide

and appoint

at the election within his district or division, and may appoint s	deputies to preside at
deputy to act for him and take the votes at each voting place: Pro-	the voting flaccs.
vided that such deputy be appointed by writing under the Land of
the said returning officer.
Adjonrnment of no-

46, Where the proceedings at any dection sl~all

be iuterrupted

mination, or of voting

or obstructed by any riot or open violence, whether mch proceeding	iu case of riot.
shall consist of the nomination of candidates or of the taking the votes, the returning officer, or the deputy of any returning officer, shall not for such cause terminate the busirless of sucl~ nomination,

nor finally close the voting, b ~ ~ t

shall adjouril tlie nomination or the

t:i<king the votes at the particular voting place at which such intcr- ruption or obstruction shall have happened, until the following day, and if necessary, shall furthei. adjouril such nomination or voting, as the case may be, until such internlption or obstruction s11:dl have ceased, wl~en the returning officer or his deputy shall q p i n procced with the busir~ess of the nonlination or with the taking tlle votes, as the CRSC illay be, at the place at which the smlc ye- spectivcly may lmve b&n interrupted or obstructed; and the day on which tllc business of thc nomination s11d1 have been coucliided shall bc deemed to have been the day fixed for the electiox~, and the coinmenccn~cnt of thc voting shall be regulated accordingly; ancl any day nrlweou the voting &all lmve been so ndjoumed, shall riot as' to such place be reckoned the day of taking of votes at such

election, within the r~leanirig

Ilcreof; arid wl~enel-er

tlze voting ~1'1~11

have been so adjourned by any deputy of any returning oficer, such dcuutv s I d l forthwith give notice of snch adiournmexlt to the

rcturuitig- ok;cer, who shall n't

finally declarc the s k x of the voti?~?,

or make pro~laniatioil of the mernbcr choscn, until the votiug so adjoun~ed at snch place sllall have been finally closed, and tlie

boxes contniui~~g the votes delivered or transmitted to such returning	I
officer.

47. I t shall not be lawful for any candidate for election as a bndidatesnot

canvass personally

Member of the said Legislative Council or House of Assembly to attend cltotion

solicit personally the votc of any elector, or to ntteid any meeting meet in^.

of electors convened or held for clectorsl purposes, if such meeting be held within twelve hours f h m the time appointed for the nomination of candidates fbr any clcctoml district, nor except for the purpose of recording his vote until after the poll is taken for the said district; and the nttendaiice of any candidate at any such meeting, or his personal solicitation of the vote of any elector, s h l l have the same effect as the acts of bribery and corruption herein- after mentioned, so far as the same render any election void.
48. Any two electors of any electoral district, may, before the 3fodeofn0mination.
hour of the day fixcd for nominittion, address and forward, or deliver to t l ~ e returning officer of such district, a letter or lcttcrs, signed by such two or more electors, as proposers and seconders of a person to be thoreio named as a candidate to represent the district;

the

the person, also,

reposed ae s e~ndidate~

signiffing his assent,bin

writang, to act if e ected; and on the day of nomination named in P

the writ, the returning officer shall attend at noon, a t the chief

votingplace of the electoral district, and shall there read the letter ao addressed to him; and, if there shall not be a greater number of candidates so proposed aud ~econded, and consenting as aforesaid, than are by such writ required to be elected, the returning officer shall declare such candidate or candidates to be duly elected, and make his return accordingly; and, in the event of there being more candidates so proposed and seconded, and consenting as aforesaid, than are by such writ required, the returning officer shall give notice, at such chief voting place, of the names of the candidates, and of the names of the persons by whom they have been proposed and seconded, and of thr other voting places in his district, and of the day appointed in the writ for the taking of votes, and of the time of voting.

49. The electiou of members of the Legislative Council and
Pmd;nga

day of eleotion.

On the

House of Assembly, rtt each voting place, shall be held before
the returning otlicer or his deputy, and the voting at every election
shall commence at nine o'clock in the forenoon, and shall finally close at five o'clock in the afternoon of the same day, and shall be conducted in manner f'ollowing, that is to say-Every elector entitled to vote, nrld who shall vote in the election of members of the Legislatiw Council or House of Assembly, as the case may be, shall vote a t the voting place in the district or division for which his name appears on the electoral roll, aud shall present himself to the return- ing officer or his deputy at such voting place, and state his Christian and surname, abode and profession, or mcupation; and, in case of voting for a member of the Legislative Council, the nature of his qaalification, and the place wliere the property or qudificatiotion is situated: whereupon the returning officer or his deputy shall place a mark against the voter's name on the re$;ter of voters, and hand to such voter a voting paper bearing the initxals of the returning officer or his deputy, and containing the Christian and snrname of each

and if there are two candidates of the same surname, then according	candidate arranged in alphabetical order, according to such surnames,
to the Christian name or names of such candidates, and if
there are two car~didates of the same Christian and surnawe, then according to the residence of such candidates arranged in like order, and every such voting. paper shdl have a blank square printed opposite to the name of each candidate, with a number correspond- ing with the order of nomination inserted in such square; and no other matter or thiug shall be inserted in or on such voting paper, viz., the Christian and surnamea of the candidates, and the residence
of any two or more where necessary; and there shall be provided
separate apartments, or places forming part of the polling booth, into which the voter shall immediately retire, and there, alone and in private, without interruptiou, indicate $he name of each eandi- d&e for whom he intends to vote, by making a cross within the
quart3 opposite the name of such candidate, and shall then fold the

same
same paper and immediately ddiver it so folded to the retunling
officer or to his deputy, who shall forthwith publicly, and without opening the same, deposit it in a box to be provided f i r that purpose; and no voting paper so deposited in any box shall, on any account, be taken therefroin, unless in the presence of scrutineers after the close of the election: Provided, that no voting paper s11d be received unless it be so folded as to render it iiupossible for the returning officer, or any other person to see for what candidate or candidates the vote is given: and any voter wilfully infringing my of the provisions of this clause, or obstructing tEm voting by any uuaecessary delay in performing any act within the polling booth or room, shall be deemed guilty of a misdemeanor.
W h o are to remain in

50. The only persons who shall be allowed to remain within any polling booth or room, shall be the electors about to vote, the returning officer ancl hie deputies, and the scrutineers, not exceeding two for each candidate.	polling booth.
No inquiry of a voter

51. No inquiry shall be ~erniitted

a t any election as to the right

except aa to hia

of any person to vote, except only as follo~vs,

that is to say-The

identity, whether he has voted before on

returning officer or his deputy may, or if required by my two electors	the same election, and
entitled to vote in the same electoral district, shall put to any voter	as to qualification.
at the time of his tendering his vote, and not afterwards: the follow-

ing

+ questions, or any of them, and no h e r

FIRST-Are you the person whose name appears 9,s A.B. in the	be put as to them
Form of queatione to

points.

or division, being registered therein for property

place described in the electoral roll)]

k cscribed to be situated in? (here specify the street or

SECOND-&V~

you already voted at the present election ?

THIRD-Had you, at the time of beiug registered, the qualifica- tion for which your name now stands in the register of voters for the district of (specifying in each case the particulars of the qualification ss described in the

qualification? [or as the case may e. Are you of the

age of twenty-one years, and &d you at the time of being registered, and do you still reside within the

District of

Aud no person required to answer any of the said questions shall	Punishment for false
anawer.
be permitted or q~zalified to vote until hc shall have answered the same, nor if he shall have answered the same in such a manner as to show that he is not qualified to vote, and if ar~y person shall wilfully make a false answer to any of the questions aforesaid, he shall be deemed guilty of a misdenleanor, and may be indicted and punished accordingly.
Punishment for voting
52. Every pereon who shall vote a second timc, or offer to vote,& second time, at the same election, for any electoral district, or who	twice, or personating-
voterE.

shall

shall pemnste any other person for the puqmw of voting at m h
election, shall be guilty of a misdemeanor; and upon being thereof
convicted, ahall be imprisoned for any term not more than two
years, at the discretion of the Court who shall try such person.
Dmutiee to mat box

and voting papers and

53. Immediately before taking the votes, the returning officer or

deliver them forthwith

deputy returning officer s h d exhibit the ballot box empty; and each deputy returning officer shall immediately on the close of the voting, publicly close and seal the box containing the

voting papers which have been taken at the voting-place whereat he preeided, and shdl, with the least delay possible, deliver or cause the same to be delivered to the returning officer of the electoral district, or to she deputy returning officer for the electoral

division, as the case may be ; and in cases of elections of members

to serve in the Legislative Council, the deputy returning officers

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

cause to be delivered the whole of such boxes to the returning

officer for the said Province; and any returning officer or deputy

returning officer convicted of illegally tampering with the ballot boxes: shall be guilty of a misdemeanor and be liable to pay a penalty

of not less than Fifty nor more than Two Hundred Pounds, and to

imprisonment until the same be paid.

Nemes of persons

elected to be declared

54. The returning officer of each electoral district shall a t the place of nomination, and as Boon as may be practicable after the election shall have been beld, in the presence of two or more scntbneers, whereof each candidate may name one, open all the boxes containing the voting papers delivered in at such election, a d shall examine the same, and shall reject all voting papers which shall contain crosses against the names of a larger number of persons

by retuning ofllcer.

than are required to be elected at any such election, or shall

contain any matter or thing other than such names and crosses, and shall openly declare the general state of the votes at the close of the election, as the ssme shall have been made up by hi from the voting papera taken at the several v-oting-places; and

he shall at the same time and place declare the name of the person or persous who may have been duly elected at such election; and in

the event of the number of votes being found to have been equal for

any two or more candidates, he ahall by his casting vote

Beturning otficer not

decide which of the candidates $hall be elected: Provided that no

to vats exmpt in oase

returning officer shall vote at any election for the electoral district

of equality of votes,

of which he is the returning officer, except in case of an equality of votea as aforesaid: Provided also, that it shall and may be lawful for the deputy of any returning officer to vote at any election for the electoral district, in like manner as if he had not been

appointed and acted as such deputy.

Bedurn of dfrr with

55.

The name of the person or persons sa elected shall be inserted in or endorsed on the writ bv t4he returning officer, and the writ returned to the Governor within the time by which the same may
super of elected per-
#rru endorsed thereon.
be returnable.
56. All

56. All voting papers shall be destroyed by the returning officer Voting

destroyed

papera

b the

to be

forthwith, after the declaration of the names of the persons duly returning &er.
elected.
57. For the purpose of farming a Court for the trial of any Formation of court

complaints which may be made asainst the validity of any return3 for

against

trial the

of complaintr

validity ot

made by the returning officers of the several electoral districts return by returning
hereby created, the ~e&lative Council, within one week after its offleer.
first meeting, and thereafter within one week after its first meeting
subsequent to each election to supply the place of members
who shall retire by rotation, and the House of Assembly, within
one week after the first meeting subsequent to every gcoerd
election, shall elect, each out of its own body respective1

acting Judge of the Supreme Court shall be the president of such	persons to be members of the said Court, and the junior or t g, e four sole
Court.

58. If the said Legislative Council or House of Assembly shall z;ez$;;ci

fail to elect the said four lnembers of the said Court within the said Logislatiw o o u i 1	0.
one week, such four members may be nominated at any time &~;t$*mbly

afterwards by the President or Speaker, as the case lnnv be;

and if

any member shall beincapacitated to attend a meetin

c&'

the Court

by reason of resignation, refusal to act, acceptance o

office, death,

sickness, or any other impediment, to be allowed by the President Nomination
of the Legislative Council or Speaker of the l3ouse of Assembly, ~; ; ~ ~ D ~, ~. O p
his place shall be supplied by a person nominated fo- that purpose
by the Legislative Council or House of krsembly respectively, or,
in default of snch nomination for the period of one week, by the
President or Speaker.

59.

The record of the election or nomination of the said members w o r d sf n

of memkrn to be

of the said Cuurta respectively shall be entered'by the Clerk of the

(

Legislative Council or House of Assembly on the proceedings of the 8

Houses; and proof of such entry having been made shall be suffi- cient authority for the proper constitution of such Courts.

unless convened by order of the Legidative Council or House of wnvened by the

60. The said Courts respectively shall not proceed to any business ~; ~ ~ ~; f l

Assembly, nor until each member thereof shall take the following kc$$f'c,"~;,~
oath or affirmation, as the case may be, which shall be administered
by the president to each of the kembers, and afterwards by any
member to the president :-

A.B., do swear (or affirm, as the case may be) that I will Eb$myfT:b	M y administer justice in all matters which may be brought COW.
before this Court, and that I will decide in all such matters according to the principles of good faith and equity, without
partiality, favor, or affection, and according to thehest of my
understanding. SO HELP ME GOD.?'
The Courts thus constituted shall have power to inquire into * o f C w o

all
all cases which ma;v be brought before each Court by the House by which i t sball have' been appointed, respecting disputed returns of members to serve in the said House, whether such disputes arise out of an alleged error in the return of the returning officer, or out of the alleg~tion of bribery ur corruption against any person con- cerned in any election, or out of any other allegation calculated to affect the validity of the return.

Courts to be guided	62. In the trial of m y c~n~plaints	as aforesaid, the ~ncmbers	of
onIy by the real jus-

tice and good con-	the said Courts shall be guided by the real justice and good
science of each caso.	conscience of the case, without regard to legal forms and solemniticn, aud shall direct themselves by the best evidence that they can procure, or that is laid before them, whether the sawe be such evidence as the law wauld require in other cases or not.
Court may regulate
the form of its own	63. Each of the said Courts shall be an open Court, and shall have power to adjourn its sitting from time to time, as in its discretion it nmy think preper, provided that the interval of adjournment shall
proceeding.

'Decisions

to be given

not in any iil~tnnce exceed four dnys, and slid1 be competent to

within five days, and

to be final, without	regulate the form of its own proceedings; but such proceedings shall
appeal.	in no one case extend beyond the period of fivc sitting dnys, unles~
by leave of the House by which it slmll 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 evidence as may tlien be before the Court, pronounce a decision; and that every decision, whether so yron~unced by the President or by the Court, shall be final and conclusive, without
appeal.
Inquiriesby courtto

' be restricted to iden-

64. The said Courts shall not have power to inquire into the

c. o I T ~ C ~ ~ S S

of any electoral roll, or register of voters, or into the quali-

tity dvo&rg

propriety of admlssia	fications of proposers or seconders, or into tLe qualifications of persons
or rejection of votes.	whose votes may on the day of election have been either admitted or rejected, but simply into the identity of the pwsons, end whether their votes were improperly admitted or rejected, assuming the register to be correct.

~ o s t a m ~ * ~ w a r a d. 65. It shall be lawful for the said Courts respectively to award to

the arty petitioning, or to the candidate ggainst whom the petition shal have been presented, such reasonable costs and expenses as P	such Court may deem fit; and such costs and expenses when awarded
under the hand of the President, shall be recoverable by action of
debt from the party by such award made liable to pay the same.

Complaints ofundue	66. All complaints of the undue return of members to serve in
retutks to be by peti-

tion t~ the Legislative the said ~egidative Council or HOUSC

of Assembly, shall be ad-

o H

dressed

the form of a petition to the said Legislative Council and

Assembly.

House of Assembly res ectively; and no petition shall be noticed,

no'r any proceedings ha d !thereon, unless it shall have been so pre-

sented by s person who was n candidate at the election whereof it

may be alleged that an uiidue return has been made, or by a number -

of	ersons who either voted or were qualified to have voted at the

S& dectiori, amounting to not less than one-tenth of the whole number on the roll of electors, and unless a sum of Fifty Pounds shall be lodged with the Clerk of the House by the petitioner or petitioners as security for costs; and no petition shall be noticed which shall not be presented within twenty-one days from the day of election, or one week fiom the meeting of Parliament which shall last happen: Provided, that iiu case that the 'branch of the Legis- lature to which a petition is presented shall have adjourned, and not again met before the expiration of the said periods of seven or twenty-one days, then such petition may be presented not later than
the second sitting day after the next meeting of the House.

67. Any such petition shall, within ten days after the same shidl P

etition to h

referred

have been duly received, be referred to the Court above-mentioned, to Court.
appointed by the House to which the said petition shall be addressed.
68. The said Courts respectively, in heariug and deciding on the h o e e r m e or COW^

merits of every such potitlon, shall be glided by the p~inciples

of on petitians.

good faith and equity, and shall receive or reject at their discretion
any evidence that may be tendered to them, and shaU 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 returning officer of any electoral district, the person so declared to have been not duly elected shall cease to be a member of the Legisl&ve Council or House of Aesemkly, as the case may be; and if such Court shall declare my person to have been duly elected who was not returned by any returning officer, the person so decked to be duly elected &all be sworn a member of the said Legislative Council or House
of Assembly, as the case may be, and take his seat accordingly; and
if such Court shall declare any election to have been absolutely void,
the President or L eaker, on the same being certified to him by the

President of the 8' ourt;, shall forthwith cause to be issued a new

writ for the holding of another election for such district.

69. The following acts shall be deemed and taken to be acts of

at &l1 be demed

bribery and corruption on the part of any candidate, whether corn- , o v t i a.

acts of briber$ and

mitted b m n d i d s t e or by m y sent authorized to act for him, !?;b:	p	IQ.* eupe
that is to s a y - t h e m m o n e y or any other arzcle whatsoever, cockades included, to any elector, with n view to influence his vote,
or the holding out to him any promise or expectation of profit,
advancement, or enrichment in any shape, in order to influence his vote, ormaking use of any threat to any elector, or otherwise in- timidating him in any manner with a view to influence his vote ; the

treating 5f any e l e b, or the s u p ~ l y i n ~

with meat, drink,

'

lodging, or horse or osrria

or conveyance by steam or other-

wise, whilst 'at such e l e c t i o ~ h i l s t

en aged =coming

to or going

from such election; the p a p & to any e 7 ector of any sum of money	for acting or joining in any procession during such election, or
before or after tba =me; the keeping open, or allowing to be kept

1. >. :
opp, any pub~ii-h-house, shop, booth, or tent, or place of entertain-
me,$, whether liquor or refreshment of any kind be dintributed at
such place of entertainment or not; the giving of any dinner, supper,
brealrfast, or other entertainment, a t any place whatsoever, by a candidate to any number of electors, with a view of influencing their votes.

"	Of the above act

to %,qualify.

70. The commission of any one of the above-mentioned acts shall,

on 'roof thereof, by the decision of the above-mentioned Court, be

hed to render void the election of the person committing such act, and to disqualify him from sitting and voting in the said Yarliment, during the whole period that may intervene between the cornmission

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

Principals bound by	71. The acts of	all ~uthorized	agents of n. candidate or member
ahof tbekagents,

shall, in matters connected with elections, be held to be the acts of
their principal, provided that it sllall be proved to the satisfaction of the above-mentioned Courts that such acts were comnlitted with his knowledge or cwsent.

Acts of bribery and

72,, If m y ~f the above-inentioe acts, hereby declared to be acts t h i m e d ,age$ of any candidate or member, the person so committing,oi;havmg committed them, shall be deenled guilty of a misdewn~ano~, and may be indicted for such act as for a misdemeenor in the Su reme Court, and pnnished with a fille not exceeding Two

corruption b

persons

not being tL nu-

of bribery and corruption, shell be committed by my p e r s o n.

thorized agente.

Hundred o~ulds, E or imprisonment not exceeding six calendar months,

at tl?c suit or on the plaint of IIcr Majesty's Attorney or Advocate-

Gerreral, or of any registered elector of the distri& whcrcin such ace of bribery or corruption shall be alleged to have been committed.

PenaItr On persons

receiving or offering

73. If any person who s l d l have, or claim to ham, any right to

rewad for voting or

vote in any elcction of a Member of the Legislative Conncil or House

withholding vote.

of Assmbly for any electoral district, s!rall, directly or hdirectly,

ask, receive, or take any moncy or other reward by way of gift,

employment, or other reward whatsoever, for himself or for any of

his family or kiudred, to give his vote or to abstain from giving his

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

or by my person employed by him, shall, by any gift or reward, or by,auy promise and agreement', or security for ail gift or reward,

abstain from giving the same, suclr offender shall, for such offence,

procure any person to give his vote in m y sue I election, or to i

forfeit the sum of Fifty Pounds sterling to the persou who shall first sue for the same, to be recovered, with full costs, by actioh of debt,

bill, plaint, or inforuu-don, '.

in the Supreme Court.

adOna@mtcm-

didate for costs or

74. No aatiqn, suit, or bther proceeding shall be msiutainsble in

erpems of dection.

any court of the said Province against any persons who mrri have

beon a candidate at anJ; electiou for of in respect of any costs or

expenses whatsoever in or about or relatibg- to such election.

75. For
-
$emn$em6m ta

75. For the remuneration of the returning officers, there shall be

returning o%cera.

paid to them, in respect to the sevcrd matters and things by this Act directed to be performed by them, the several sums mentioned in the Schedule M, to this Act annexed, and no other, md such payments shall be made by the Treasurer, in pursuance of warrants

tinder the halid of the Governor.

76. No election shall be held to be void in consequence solely of any delay of the holding of such election at the time appointed, or	Provision in the event
of impedirnonte of a
formal nature.
in tlie return of the writ, or the absence of the returning officer, or any deputy, or any error on the part of any returning officer or deputy, whicli shall not affcct the result of the election, or of any error OY impediment of R, mere formal nature; nlld within the period of twenty days before or after the day appointed for the holding of any election, it shall be lawful for the said Governor, with the advice of the Executive Council, to extend the time allowed for the holding of such election, or for the return of the writ issued for the same, and to adopt or cause to bc adopted such measures as may be necessary to remove any obstacle by which the due course of any electim may be impeded, and to supply any deficiency that may otherwise affect the same: Provided that any measures so ado ted
by the Governor, with the advice of the Executive Council, sha l be duly notified ill the South Azcstwlian Government Gazette. P

7 7. Every person who may, under the p~ovisions hereof, be ap- Declaration t. b.

pointed a returning officer, or deputy returning officer, shall, before made

before

a Justice,

ofscera end

he enters on the performance of any duty under the same, make a0 transmitted td	and subscribe, befbre a Justice of the Peace for the said Province, Chief Secretary.
the following declaration, and the Jtistice .before whom such declara: tion may be made, is hereby required to transmit the same, by the first convouient opportunity, to the Chief Secretary:

I (AB.) do hereby declare that I accept the office of And I do hereby proinise and declare that I will faithfully perform the duties of the same, to the best of my understnuding and ability, and that I will not reveal or disclose any knowledge that	I may acquire iu the discharge of my said office
touching the vote of any elector.

8. If any returning officer, or any deputy returning officer, after Penalt, on d

Iiaving accepted o ffice as such, shall neglect or refuse to perform n f u s i ~

duty.

or ~ ~ C C W

any of tlie duties which by the provisions hereof he is required to perform, every such returning oflicer, or deputy returning officer, shall, for every such offence, forfeit and pay any snni not less than Ten, nor exceeding Two Hundred Pouuds; and, in like manner, if any clerk or other officer or persoii appoiuted or required to perform any duty, under or bv virtue of this Act, shall neglect or refuse to perform any of the 'duties which by thc provisions hereof he is recruired to h er form. everv such clerk or other officer or Person

shall, for

such' offence, forfeit and pay any sum not le& than

Five, and not exceeding Fifty Pounds.

79, The

~ ~ O P i ~ p e ~ ~ ~

19. The respective pcndties before mentioned shall be recovered,

with full costs of gait, by my person who s M l sue for the same within three calendar mobths after the commission of such affeuce,
by action in the Su reme Court of the skid Province ; and the

money so recovered s all, after psyment of the costs and expeuses B

attending the recovery tl~ereof,

be paid and apportioned as follows,

that is to say-one moiety thereof to the person so suing; and the other moiety thereof to Her Majesty for the public uses of the Pro- vince and support of the Governuent thereof.
m t M t o b e

done fall on a holiday. formed on a ccrhiil day, and that day shall happen ta be Sunday,	80. When any matter or t l h g is llereby directed to be per- Good Friday, ~hristnku Day, or other public holiday, tlle said matter or thing may L performed on the next succeeding day, not
being any of the days aforesaid.

Votento*=&t=d	81.	NO person shall be entitled to vote at auy election under this
air montb before

eleation.

Act uiitil he shil have been reeistered for six months under the

Acts or some o ~ c

of them heretofore in force, or under tlik Act.

I hereby reserve this Act for the signification of the Queen's
plensure.

L	.. . RICHARD GRAVES MACDONNELI,

Governor.
Government House, Adelaide,

29th November, 186

SCHEDULES

SCHEDULES REFERRED TO,
BOUNDARIES OF ELECTORAL DISTRICTS.

No. 1. EAST

ADELAIDE

-Composing

that part of North and South Adelaide,

and the Park Lands bounding the same, to the east of a line drawn through the centre
of King William-street, Poole-street, John-street, and 07Connell-street.

No.

2. WEST ADELAIDE.--T~~~

part of North and South Adelaide to the west

of the line drawn as aforesaid.

No. 3. PORT

A D B L A I D E. - B O U ~ ~ ~ ~

on the Snuth by a line commencing at al.,

point on the sea coast due wcst of the north-west angle of Qection 1006, ~ u n & e d of Yatala; thence easterly, along the north boundary of same Section, to the Port Adelaide Crcek; thence northerly, along centre of said creek, to a point opposite the south-west angle of Section 929 ; thence easterly by the south boundaries of Sec- tions 929 and 924 ; northerly by the mad between Sections 924 and 2073 to the north- west angle of the latter Section; south-easterly in a straight line to the southern angle of Soction 418; easterly by the ~ o u t h boundary of Seation 41 7; northerly by the east boundary of Section 417, to the Port Road; south-easterly to the ~outhern angle of Section 405; north-easterly by the boundary between Sections 405 and 398 ; north- westerly by the road to the southern angle of Section 422, and northerly by the east boundary of the said Section; thence easterly by the road to the north-east corner of Section 360; thence northerly by the road to the Gawler River, between Sections 7568 and '7569, in the Hundreds of Port Adelaide and Munno Para respectively; thence westerly along the centre of the ltiver Oawler, to a point where it cuts the

dividing line of Sections 7523 and '7513 ;

thence west, by the south boundary of 7523,

7522, and 7521, toapointwhere theGawlerRiver cuts the bo~mdarybetweenSections	7500
and 7510; thence by the centre of the aforesaid River Gawler, to the thcnce southerly by the sea coast to the point of commencement

whole of

Yorke's P e n i n d a lying south of the River Broughton and west of ,the

County of Stanley.
No. 4. WEST To~m~s.-Uounded on the wcst by the sea coast, between the Bay Road and the north-west angle of Section 1006; thcnce by the District of Port Adelaide as far as the north-east corner of Section 360; thence south by the North Road to the Park Lands, between Sections 2064 and 460; thence west-south-west, and
south, by the north-north-west and west boundaries of the Park Lands, to their south-
west angle; thence south-westerly and westerly by the Bay Road to the sea coast, at
the point of commencement.

No'.

Y a ~ ~ ~ ~. - B o u n d e d

on the west by the castern boundary of the District

of West Torrens, commencing at the south-east corner of Section 2064, and by the

east by the South Para and its south branch, to its intersection with the road running

District of Port Adelaide; on the north by the ccntrc of the Gawler River; on the

through Section 1685, Hundred of Para Wirra; thencc by the road running southerly to the Little Para River; on the south by the said river to the centre of the road between 2136 and 2144; thence, along centre of said road, to the south-east angleof 3045; thence ~outherly, to the north-east angle of 3002 ; thence south, by a straight line, to the east boundary of 1566 at its point of intersection with the Dry Creek; thence along the said creek, to its intersection with the east boundary of Section 313; thence southerly in a straight line, to the south-east angle of 504; thence, across the road; thence along the northern boundary of 508, easterly, to its north- east angle; thence south, along the east side of said Section, to the centre of the River Torrens; thence westerly, by the centre of the said River Torrens, to its point of intersection with the castern boundary of the Park Lands; thence northerly and westerly, by the boundary of the Park Lands, to the point of commencement.

No. G. GUMERA~KA.-Bounded

on the west by the east boundary of the District

of Yatala; on the south by the centre of the River Torrens betwcen cast side of Pre- liminary Section 508 and Section 5521, Hundred of Para Wirra, by Kangaroo Creek to the strhgybark Trigonometrical station, by the Range to Mount ~ o r r i n s, and by the spur of the said Mount Torrens to the Main Range, and by the north boundaries of Hundreds of Xanmantoo, and Monarto; and by the south boundary of the Hundred

8 R

of Finnlas k

the centre of the River Murray; on the east by the River Murray from

the laet-named point to the north-east corner of the Hundred of Ridley; on the north

by the north boundarieaof the Ehndreds of Ridley and Angas; thence west to Keyne's .Hill Trigonometrical Station; thence westerly, by tho north boundary of the County of Sturt, to its north-west angle; thence, by a line iti a south-westerly directionfito a point where the South Para River enters the north boundary of Section 669 in the Barossa Special Survey; thence, following the course of the South Para River generally, in a westerly direction, to the point of commencement.

No. 7. EAST

T o ~ ~ ~ ~ ~ s. - B o u n d e d

on the south by the Main South-eastern Road,

oommencing at the point of intersection of the north side of said road with the south boundary of the Park Lands, and continuing by thc said road to the boundary between the Hundreds of Adelaide and Onkaparinga; thence nortlierly by the paid boundary to the Torrens; thence westerly by the centre of the River Torrens to its intersection with the eastern boundary of the Park Lands; thence southerly and veaterly by the eastern and southern boundaries of the Park Lands to the point of commencement.

No. 8. THE

S~uar. - -hunded by a line commencing at the south-west angle of

the Park Lands;

thence in an easterly direction by the south boundary line of the

Park Lands to the Main

South-eastern 1Eoad;

thence by the south-west side of the

said road, to the boundary between the Hundreds of Adelaide and Noarlunga; thence

"a	westerly by the boundav between the Hundreds of Adelaide and Xoarlungn to its intersection with the north boundary of Section 81; thence westerly to the South

%-Road,

paasing t h r o u ~ h

Section 123, Hundred of Noarlunga; thence soutberly by the

&uth Road to ita intersection with the north boundary of Section 524 ; thence westerly to the rond along the east side of Section 572; thence northcrly to it.8 north- eastern angle; thence westerly by the boundary between Sections 569 and 572 to the rJea caast; thence north, by sea coast to the Bay Road; thence by the Ray Road to the point of commencement.

No.

~ o a l ~ ~ u x a ~. - E o u n d e d

on the north by the southern boundary of the

Disktict of the Sturt, and by the Main South-eastern Road, from the% east angle of the last-named District to the Onkaparinga River; and on the west by the plea coast; on the east by the centre of the Onkaparinga River, from Section 3816 to the crossing of a road which forms the south boundary of Section No. 820, and the north boundary of Section No. 834; thence along the centre of this road ta W south-west corner of Section ?So. 821; thence by a dirert line, following a direction nearly muth-eat, to a trigonometrical slation known as Wicltham's Hill; thence following the summit of the range about south-west, passing by another trirgonometricai station, McLeod's Hill, and crossing the Encounter Bay Road at the wmmit level above Willunga; thence continuing along the same range, papsing Monnt Terrible; and thence following that featune of the range, which terminates at the muth-west corner of Section No. 614.
No. 10. MOUNT BAEKER.--Bounded on thc cast by the River Murray, COM- plencing at ita outlet into Lake Alexandrina; thence northerly by the centre of the said river to the north-east corner of the Hundred of Rrinlrley; on the north and north-east by the District of Onkaparinga; on the north-west by the River Onka-

aringa; on the west by the District of Noarlunga to that point of the sumnit of the

r~illunga

Ran a cut by the Encounter Bay Road; thence easterly to Mount Nilgnifi-

cent, and saut crl to the range between Mount Compass and Mount Observation;

thence eaalerly, Joag the most direct apur to Mount Observation;

thence by the

boundary of the Hundreds of Nlrangkita and kondopnrir~ga, to thc north-west corner
of Section 2363: thence by the centre of the Finniss River, following the south-west
boundary of the Hundred of Alexandrina, to the county boundary of Hindmarsh ancl Sturt, near the east point of Hindmarsh Island ; thencc north-easterly to Point

Stmt;

thence north-easterly, to the outlet of the JAiver Murray, the point of com-

mencing.

(This District comprises the Hundreds of Kondoparinga, Bremer, Alex-

andrina, Strathalbjn, Macclesfield, Kuitpo, Freeling, and Brinkley.)

No.

11. ,ONK&PAXINGA.-BOU~~C~

on the west by the east boundary of the

District of Eaet Tonens; on the south, by the Districts of Noarlunga ant1 Mount Barker; on the ewt by the centre of the River Murray; and on the north by the .District of Gumeracka.

No. 12.-ENCOUNTEE BAP.-Baunded

on the south and north-west by the sea

eatast, from the sen-month of the Murray, to the south angle of the District of
Noarlunga; bounded on the north and north-west by the Districts of Noarlunga and
Mount
Mount Barker, to the southern angle of the Iast named District; thence by the
boundary between the Counties of Hindmarsh and Sturt, passing the east side of Mundoo Island, to the point of commencement; together with the whole of Kangaroo Island and Troubridge Shoal.

No. 13, BAROSSA.--Bounded on the north-west b

the Moorundee road,

from the point where i t crosses the main range between

awker's

Hill and Mount

Despond to its intersection with the North Para Rivpr,. etween Sections 141 and k

142, and by the north branch of the said river to its jg-hction with the South Pare

River; on the south by the South Para, and that,'branch of the river running through Hection 669, Barossa Special Sur-vey, and gy a line thsnce north-easterly to the m in range; thence east, by the north bo~n~darv of the County of Sturt, along the south boundary of the Hundreds of Nortb'Rhinc, Bagot, and Fisher, to the ccntre -of the River Murray; thence north the centre of the River Murray, opposite Blanche Town; thence westerly by ?the road from Rlanche Town to Truro till that road intersects the east boundary of. the Hundred of North Rhine, a t the north-east corner of Section 3 7 7; thence:north to the north-east corner of that Hundred; thence due nest, to Hamlrer?s Hill Trigonometrical Station; thence southerly, by the m ~ i n range, to the point of commencement. (This District

comprises the Hundreds of Barossa, ~oorooroo,

and North Rhine, and the Town

of Clawler.)

No. 14. LIGHT.-Comprising

tlie whole of the Connty of Light, with the eroep-

tiou of the Hundreds of Moorooroo, Saddleworth, and ?Vaterloo.

No. 15. VICTORIA.-Rounded

on the north and north-west by the River 'I

--"-

Murrsy; on. the cast by the east boundary of the Rovince; on the south and

I V $ - ~ '; ~ * - *

south-west by the sea coast.

No. l$, T I ~ E

I j r ~ ~ ~ ~. - C o r n p r i s i n g

the County of Dwna,

and the Handreds of

Saddleworth and Waterloo.

No, H - S ~ ~ ~ ~ ~ ~. - C o r n p r i s i n p;

the Counties of C3awler and Stanley.

No. M.

F ~ r ~ n ~ n s - C o m p r i s e s

the County of Flinclcrs, and cl1 those portions

of the Frovince to the westward of the west roast of Spencer's Gulf, and all the remaining portions of the Provincc lying to the north of the Districts of Port Adelaide and the Burra and Stanley; bounded on the east by the boundary of the said Province; together with all ialands being wcst of the meridian of Cape Jervis, with the exception of ICangaroo Island and Troubridgc Shoal, and other portiotls of the said Province not included in any other Electoral District.
Chief Voting

Bo.

District or Division.

Place.

Othcr Voting Placcs.

---p

-p--

00,	or near to,

East dde!aidc

1 North Adclaide.

Corporation Acro

h,	or near to,

West Adelaide ..

I North Adelaide.

Light-square

Port Adelaide

.. ..

Pbrt Adelaido

Dry Creclc and Kadina.

West Torrens. .. .

IIindmarsh

The Lownr North Road, and Hilton,

Yntala

.. ..

Salisbury

W l e s Plains and f3mith's Creek.

Ciurneracka

.. .. .

Gumcracka

Teatree Gully, Mount Plensant, and Maidatone.

I(e~isington

East

Torrens. .. .

Kor~vood

The Sturt

.. .. ..

Unle y

Brighton and South Road.

Noarlunga.	.	.	.	..	Noarlunga	Willunga and Happy Valley.
Mount Rmkcr, Echunga, lfscclcsfidd, Milang,

Mount Barker... .

1 and Mcadoaa Township.

l l

Onkaparinga

.. ..

Woaciside

Nairnc, Kanrnantoo, Hahndorf, and Lobethai.

l a

Enoountcr Bay. .

Port Rlliot

G d w n, Yankdillia, and Rapid Bay.

Baroasa

.. .. .

Tannnrla

LyndoehValle

, Gawler Town, Angsston, and T w o

Light

.. ..

.. .

North Kapunda

~recnock

oreet, and Riverton.

Mount Gambier, Mosquito Plains, Penola, Kingston

15	Victoris .	.. .. .. .	Bobs T o m	(	Bvrder Town, and Eaat Vollington.
Rooi-inga or

The Burra.. .

Redruth

) Hamilton and Saddleworth

Stanley

.. .

Clare

Auburn, Mudla Wirra, and Baker's Springs.

Flinden

Port Lincoln

Nouut ICcmarkuMc and Port Augusta.

C
LIST O F ELECTORS.

NO.

~.-LI$T OF

E l ~ ~ c T o a s

FOR THE ELECTORAL

DIYISION O F

, FOB

TEE PERIOD

E N D I N G

, W I I O

C L A I X T O

VOTE

W'
I

Christim name and

Where the property

Place of

Nature of

No,

slurname of each per-

affording thc qualifi-

abodo,

Qualification.

eon at full length.

cation i s situatod.

-----

p--

P

(Signed)

A, B., Deputy Returning Officer.

Rated at

this

day of

-

No. 2.-LIST

O F ELECTORB

FOB THE ELECTORAL

I[)TSTRICT O F

, FOR

THE PERTOD ENDING

, W H O CLAIM TO VOTE AT

Chri~tian

name rend mrnamc

No.

Place of abodc.

Profession or occ~ipxtion.

_----I_- -----P--

of each parson i t full length. 1

_r
(Signed) A. B., Beturniog Officer.

Dated at	day of
SOUTH AUSTRALIA,

ELECTORAL

DISTRICT

Take notice, that you are hereby required to make known to every male person, of
the age of 21 p a r s and upwards, resident in your dwelling-house at the date of the receipt hereof, that they, and each of them, are to insert their namcs in the following Schedules, in order to entitle them or him to vote at elections of Members to serve
in the Legislative Council or House of Assembly, for the said Province respectively;
and you are further required to sign the declaration at foot, and to cause this notice,
so soon as du!y filled up and signed by yourself, to be delivered to Mr.

(residence) before the

day of

(Signed)

A. B., 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.	.. .,	.	.,

NO.

1.-SCHEDULE

O F

PERSONS

C L A I H I N G 50

ToTB

FOB

MEMBERS

O F

THE

LEGISLATIVE

COUXCIL.

Signature of claimant,

*laco of

Christian and surname of

eacb person, a t full length.

abode,

lualfia

taon,

.p - - - -
4
No.

No. S.-SCHEDULE

OF PERSONS

CLATYXNC) TO VOTE FOR MENBEB~ OX %HE

Signature of claimant,

Polling plaoe at

Christian and surname

Place of abode.

Profeeaion or occupation.

wbi& the

at full length,.

elector will votc.

-p. -
DECLARATION.
I hereby declare that I have complied with the requiremenis of this notice, and the above is a true return of all matters relating thereto.

Dated this

day of

(Signed) A. B.,

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

E
NOTICES OF CLAIM.

No. 1.-LEGISLATIVE

COUNCIL.

To the Deputy Returning Oflcer for the Division of

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

in virtue of the property which I posuesa

(or of the dwelling-house which I accupy at

or as the case may be),

and to vote a t

in the said division.

Dated

day of

in the year 18

(Signed) JOHN

STILEB, (place of abode).

NO. 2.-HOUSE OF ASSEMBLY.
To the Returning O$icer of the District of

I hereby give you notice, that I claim to have my name ineerted in the electoral list (or electoral roll) in the district of	,	and to vote a t	in the
said district.

Dated at

day of

(Signed)

Jam STILEB

(place of abode).

NOTICES OF OMITTED CLAIM.

No. 1.-LEGISLATIVE

COUNCIL.

To the Deputy ReWlaing O$Zcer for the Division of

I hereby give you notice that I claimed on the

day of

the electoral l i ~ t

(or electoral roll) for the division of

operty which I possess at

(or of the dwelliig-

house which I occupy a t	,	or as the case may be), and to vote at
in the said division.

Dated the

day of

in the year 18

(5igned) JORW

SXXGYH

(place of abode).

3 S

No.

NO,

2.-HOUSE

OF ASSEMBLY.

To the a e k r n i w OBcer o f the .District of

I hereby give you notice, that on the

day of

I claimed 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 the

day or

(Signed)	JOHN STIZES	(place of abode).
G

LIST OF CLAIMANTS.

The following persons claim to have their names inserted in the electoral list (or roll) of the electoral division sf

and to vote at

Naturc of the property or

Place where the

Christian name and

No.

~ ~ ~ I i f i ~ ~ t i ~ l l

in respect of which

property or qosiil-

name of each claimant.

pi;$:f

he prefers his claim.

cation is situated.

-7

--,_*.U_-

- p - -

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

Dated lit

this

day czf

The following persons claim to have their names inserted in the electoral list (or roll) for the district of

, and to vote at

Chrietian name and surname of

Place of abode.

Profession or occupation.

eaoh person, at full length.

(Signed)

A. B., Returning Officer.

Dated a t

day of

NOTICE OF OBJECTION.

To the R E ~ ~ C ' & P ~ ~ O$icer of

(and to the person objected to).

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

(name and

describe the person objected to as in the electoral list or soli), 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

L.

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

I
I
LIST O F PERSONS OBJECTED TO.

No.

The following persons 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 property

Christian name and

Place where the

place

Or qualifioation

No.

BImkame of each :hperson

property or qualification

abode,

for

his name is on

objected to.

the electoral list.

is situated.

-_1_1_- -LC--C

-.--p

-..
(Signed) A. U. Deputy Returning Officer.

Dated at

this

day of

No. 2.
The following persons have been objected to as not entitled to have their names retained on the electoral list (or roll) for the electoral district of
C
l
Christian name and surname

No.

Place of ahodc.

Profession or oocupation,

of each person, a t full length.

(Signed)

A. B,, Returning Officer.

Dated at	day of
SCHEDULE OF FEES,

To the Clerks of District Councfls and Town Clerks, excepting the

Town Clerk of

the City of

~ a e l a i d e,

for services performed under

10 0 0

clause 'I, a sum not exceeding..

.. .. .. .

.. .. ,. .

,. ,. .

,.. .,

To the Town Clerk of 6he City of Adelaide, a sum not exceeding

.. ,.

.. 20 0 Q

I, A.B. [Returning Oflcer,

or Deputy A?eturd~l,q Oflcev, for the Distvict or Division

of] , [as the case may 6e] do hereby certify that C.D., of is duly registered as a voter for the said district (or division) in the register of voters settled at the Court of Revision held at on the day of last, and that the said C.D.,

claiming to be entitled to vote for the district (or division) of

lmth applied to

bc transferred thereto. Whereupon I, the said A.B., have givcn thig certificate of transfer to the said C.D., to t,hc intent that hie name may be transfcrrcd from the electoral roll of the said district (or division) of to the electoral roll of the district (or division) of

Dated the

day of

(Signed)

A. B.

To E,F.,

Returning Officer, (or Deputy Returning Officer) for the Electoral District

(or Division] of

M

S S. d.

To the Returning Oflicers preparing and copying electoral rolls of

Legislative Council and House of Assembly, far each folio of ] 0

aeventy-two words..

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

Making and copying lists of claims and objections; Tostage of same to places where they are to be exhibited; drawing out and sending by post notices of objection; attending Revisio~l Court, including travelling expenses; and a11 other services, not included in the above, connected with the amendment and preservation of the rolls. To thc Returning Officers of Districts (1 to 17) (per annum)

To the Returning Officer for the Province (per annum)

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

100

In addition to the above when elections take place-
Attending on day of nomination ..................................

Attending on day of voting

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

Travelling on each occasion, jil addition to Is, per mile

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

Attending the acr~ttiny

and dcclarntion ............................

Hire or erection of booths, at per booth, a sum not exceeding (as per

voucher)

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

Stationery, advertising, and all other expenses not inclnded in the

above, if the election be contested ..........................

If not contested..

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

Deputy Returning dfficer taking votes ............................
Clerk of Court of "Revision and voting clerk ........................

Doorkeeper on day of voting

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

Conveyances 04 ballot boxes (as per vouchers) ......................

AdeIride : Aina by authority, by W. Cox, Government Witer, Viotoria-aquarr.