Electoral Act 1869 (SA)

F+ 35 &U / 4 / & p /

ANNO TRICESIMO TERTIO

No. 18.

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

liament of South Australia.

[Reserved, 23rd February, I87O.1

HEREAS it is expedient to consolidate and amend the laws prembla.

W relating to the election of Members to serve in'*the Par-

liament of South Australia-Be it therefore Enacted, by the

Governor 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:

1. The several Acts mentioned in the First Schedule hereto, to P ~ E L X M I ~ A ~ T,

PART m--General Matters. 3 C

the extent to which such Acts me in and by the add Schedule ex- ~	~	~	~	d	,
pressed to be repealed, shall be, and the same are hereby repealed; but this repeal shall not invalidate anything lawfully done under the authority thereof, nor affect m y rights acquired, or liabilities incurred thereunder; nor shall such repeal be construed to revive any Acts or Ordinances, or portions of Acts or Ordinances, by
the said hereby repealed Acts, or any of them repealed.

2. This Act may be cited as " The Electoral Act." rirhort title.

3. This Act shall be divided into parts as follows- Division of A O ~,

PART I.-Appointment of Officers and preparation of Electord Lkts.

PART 11.-Courts of Revision.

PART m,--Conduct of Elections.

PART 1v.-Regulation of Elections.

PART v.-Court for Trial of Di~puted Returns.

33" VICTORIB, No. 18.

1 --

Electoral Act.-l 869-W.

Interpretetion. 4, In the construction of this Aet, unless the same is inconsistent with the context or subject matter, the following words and expressions shall have the meaning hereby assigned to them respectively, that is to say-'( Returning Officer " h a l l mean the District Returning Officer of any electoral district, and the Deputy Returning Officer for the corresponding electoral division.

I* PART I.-Appointment of Officers, and Preparation of Electoral

Rolls:

Appointment of

returning o5cer for	5. The Governor, with the advice of the Executive Council, shall appoint some fit person to be the returning officer for the said Province, and may from time to time remove such person, who shall perform the duties 'hereinafter mentioned, and until any other ap- pointment shall be made the person who, at the time this Act comes into operation, is the returning officer for the said Province shall continue as such under this Act.
the Province.
Appointment of

returning oficer for 6. In each electoral district, the Governor, with the advice afore-

each dietrict.	said, shall, from time to time, appoint some fit person to be return-
ing officer for suck district, to be called district returning officer,
who shall perform the duties assigned to him by this Act, respect-
ing the election of members to serve in the House of Assembly,
and who shall reside within his district, and m y such district returning officers, from time to time, to remove, and until any such appointment shall be madc the persons who, a t the time this Act comes into operation, are returning officers, shall contiuue to act as returning oficers for their respective districts.
Dintrict returning
offlcer to be deputy	7. Every district returning officer shall be a deputy returning to him by this Act, respecting
returning officer for	officer for the said Province, and shall perform the duties a~signed

the Province. - the election of members to serve in

the ~ e ~ i d a t i v e Council.

o o ~ e m o r to appoint 8. The returning officer for the said Province, and every district in the case of his temporary absence, inability, or disability to act, the Governor, with the advice aforesaid, shall appoint a substitute to act temporarily in his place and stead; and the person so appointed shall perform and exercise the duties and powers, and be subject to the liabilities, of the returning officer in whose place he ia appointed.

provieional substitute. returning officer shall act until his appointment be cancelled, and

Candidate8 not t o a d 9. No candidate for election in any electoral district shall be

ae returning oflicers.

competent to act as returning officer, or in any way to take part in

the coaduct of any election.

Declaration ta be	10. Every person who may, under the provisions hereof, be ap-
made by officers

before a Jnstice, and

P ointed a returning officer for the said Province, or district return-

be trammittad to

ing officer, shall, before he enters on the performance of any duty

Attorney-Ueneral.

under the same, make and subscribe, befare a Justice of the Peace

of the said Province, the following declaration, and the Justice

before

33O VICTORIB, No. 18.

before whom such declaration may be made, is hereby required to	I*
transmit the same, by the first convenient opportunity, to the

At torney-General :

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

And I do hereby promise and

declare that I will faithfully perform the duties of the

same, to the best of my understanding and ability, and

that I will not reveal or disclose any knowledge that

I may acquire in the discharge of my said office

touching the vote of any elector."

11. If anv returning officer for the said Province, or any district Penalty on oflmr.

returning officer, after having accepted office as such, shall neglect duty,

refusing or negleoting

or refuse to neriorm anv of the duties which by the provisions hereof he is Aquired to perform, every such retiming bfficer, or district returning officer, shall, for every such offence, forfeit and pay any sum not less than Ten, nor exceeding Two Hundred Pounds; and, in like manner, if any clerk or other officer or person appointed or required to perfornl any duty, under or by virtue of this Act, shall neglect or refuse to perform any of the duties which by the provisions hereof he is required to perform, every such clerk or other officer or person shall, for every such offence, forfeit and pay any sum not less than Five, and not exceeding Fifty Pounds.

12. Every returning officer shall when this Act shall come into %lIa to be

operation, copy into books, to be provided for that purpose, the copied into baoka to

electoral roll for his district. and nortion of the electoral roll for the Province relating to his di;ision,'made out under the provisions of the Electoral -4ct, 1861, and shall add thereto the names of any persons who, since the then last Court of Revision, held under the said Act of 1861, had duly claimed, under the provisions thereof, to have their r~arnes inserted on the electoral roll for such district, or portion of the electoral roll for the said Province relating to such division, as the case may be. 13. The books to be provided, as mentioned in the last preceding p,, of ,U.

section, shall be in the respective forms in the Second Schedule hereto, Nos. l and 2. and in copying such electoral rolls into such books, as hereinbefore provized, the names shall be arranged in alphabetical order, according to the first letter of the surname, under the headings of the several polling places in such district

and division respectively, blank spaces being left after each letter

for the addition of the names of such persons whose claims may from time to time be received as hereinafker merltioned; and in the column provided for entering the date of registration shall be entered against the name of each elector, in case his name shall be on tlie electoral roll as aforesaid, the date of the Court of Revision for the said division or district a t which his claim was allowed; and, in the event of his having claimed since the holding of tl Court of Revision, then the date on which

such returning officer actually recei;ed 8uch claim.

14. The

33" VICTORI&, No. 18.

Electoral Act.--1869-70.

PAET X. 14. The books so prepared as aforesaid shall be the electoral roll for the particular district, and shall form a portion of the electoral

~ l e o t o k l B C, ~.

roll of the said Province, for the division to which the same relates respectively, and shall remain in force, with such alterations and additions as hereinafter provided, as may from time to time be made therein, until the thirtieth day of September, in the vear one thousand eight hundred and seventy-four: Provided dlwais, that no person shall be entitled to vote at any election, unless he shall have been registered for six months under the said Act of 186 1, or under this Act.

Copies of mlls to be	15. Each returning officer shall forward to the returning officer ticular district and portion of the roll of the said Province for his division; and the returning officer for the said Plovince shall cause the same to be printed, blank spaces being left after each letter for the addition from time to time of the names of claimants, and each returning officer shall be supplied with a sufficient number of copies.
forwarded to the re-	for the said Province a certified copy of the said roll for his par-
Prorince.
Newly crested or	16. When any new electoral districts shall be created, or the boundaries of electoral districts altered, the returning officers of such districts shall, within one calendar month, make up or alter the electoral rolls accordingly; and shall erase the names of all persons registered on the electoral rolls who, after any such alteration of boundaries, are not residents within their respective districts and divisions, and forward to the returning officers of any newly created or altered district a certified list of the names of such persons as
altered district#.
shall reside in such newly created or altered district, their abodes,
qualifications, and dates of registration, as appearing on the electoral rolls for the Legislative Council and House of Assembly respectively; and such lastmentioned returning officers shall, on the receipt of such lists, enter the names of such electors on the electoral rolls of their district or division, as the case may be, inserting against each name, in the column headed Date of Registration," the date of
registration, as appearing on the electoral roll on which the elector was previously registered; and shall make a memorandum against
each name, stating the facts of the transfer, and shall initial the same; and every such elector shall be deemed to have been regis- tered upon the electoral roll for such district or portion of the elec- toral roll of the said Yrovince for such division, as from such date, and shdl be entitled to vote accordingly.
Bolla to be reviaed.	17. The rolls so prepared shall be produced to and revised at the Courts of Revision duly proclaimed under the provisions hereinafter made.
forme of notices to be

Every hve yeam 18. There shall, during the month of' February, in the year one

iefi .v.q aweuiw. thousand eight hundred and seventy-four, itlid in every fifth year

houw to be &led	thereafter, be	left at the dwelling-house of every person residing within
by electors.

the said Province a schedule, in the form in the Third Schedule hereto, No. 1, to be filled up and signed, with their Christian and surnames in full, by the persods resident in such dwelling-house,

l who

3 VICTORIB, No. 18. 371

Electoral Act.-1 869-70.

who claim to be aualified to vote a t the election of Members for-the	PART	I.
Legislative ~oun'cil, and another schedule, in the form in the Third Schedule hereto, No. 2, to be in like manner filled up and signed by the like persons who claim to be qualified to vote a t the election of Members for the House of Assembly, and such schedules shall be headed with a notice requiring the occupier of such dwellinghouse to call thc attention of all male persons of the age of twenty-one years, resident in his dwelling-house, to the receipt by him of such sclledules, and that tlwy arc required to fill up and sign the same, and after such schedules shall bave been filled up and signed a s aforesaid, the said occupier shall date the same, and sign the declaration a t the foot thereof, and forward the same within fourteen days from the receipt thereof to the address men- tioned in the said nbtice.

19. The persons who shall leave or cause to be left the notices By whom noticaa are

mentioned in the last clause shall be- to be delivered,

I. Town Clerks of Corporations, within the limits of the municipal

boundaries of the cities or towns for which they are clerks:

11. Clerks of District Councils, within the limits of the boundaries

of the districts for which they are clerks:

111. The Commissioner of Police for all other parts oi the said

Province not included in either of the preceding limits:

And every Town Clerk and Clerk to s District Council shall receive for the performance of the above duties, the sum mentioned in the Seventh Schedule hereto.

20. Between the thirty-first day of January and the eighth day Notice ofdelivevof forma to be adver-

of February, in the said year one tllousand eight hundred and seventy- tlaed in	Olurnrr,
four, and in every fifth year thereafter, within the same period, the returning officer for tlre said Provincc shall cause to be published	in the Government Gaxetk, and to 'be exhibited at every telegraph	ofice, post office, and police station in the said Province, a notice
calling public attention to the fact that fresh electoral rolls are about to be formed, and that Schedules, to be filled up
by persons claiming to have their names inserted therein,
have been or are about to be left at every dwelling-house within the said Province, and that every person desirous of having his uame 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.

21. Every returning officer shall, on the receipt of any such to be kept.

claim, file the same in his office, noting thereon the date of its receipt by him, and shall immediately enter the name of each claimant in books to be provided for that purpose, according to the forms in the said Second Schedule Nos. I and 2; the first an electoral roll of all persons included in his electoral division who claim to vote &t the election of Members of, the Legislative Council; and,

secondly, an electoral roll of all persons included in his electoral

district

- - 35" VICTORIE, NO. 18.

4 . <

&tri,ht whb claim to vote at the election of Members of the House 9f &seinbly for the said district; and the names shall be entered in gphabetiqal order according to the first letter of the surname, under ibe htdings of the Lveral polling places in such division and district respectively; ,and he shall enter in the column under the heading " bate of Registration" the date on which he actually received such cl*, and blkhk spacbk shall be left after each letter for the addition from time to time of the nimes df claimants.

Oopies of roll to be

forwarded to return- 2 2. Each returnink officer shall forward to the returning officer

ing offlcer far the	for the Province on or before the second Monday in March, in the
Province to be printed,	rear one thousand eight hundred and seventy-four, and on or before the same day in every fifth year thereafter, a certified copy of such roll for his particular district, and portion of such roll of the said Pro- vince for his division; and the returning officer for the said Province shall cause the same to be printed, blank spaces being left after each letter, for the addition from time to time of the names of claimants,
and each returning officer shall be supplied with a sufficient number
of such printed copies.

Printed lista to be 2 d. Every returnin officer shall on the first day of May, in the

exhibited.	year one thousand eip 1 t hundred and seventy-four, and every fifth	year thereafter, add to such printed copies of the electoral roll for
his district, and portion of the electoral roll of the said Province for his division, the names of all such persons as may have forwarded their &inm to him prior to that date, and each returning officer shall
sign, date, and certify his copies to be correct, and shall cause the
same to be forwarded by post, not latex than the said first day of May, to the place of meeting of every Corporation or District Couccil within the electoral division or district to which the said copies reqectively refer, and also to any police station in any such division
or clistrict beyond the limits of a Corporation or District. Council, and
the said copies respectivelv shall be kept open to public inspection
at such plhces until tlie tw*enty-first day of the said month of May.
Rdlr to be reviaed,

and t o remain in force ,	24. The books to be prepared as aforesaid shall be produced to, and revised by, the Courts of Revision for the respective districts, to Ee heheld in the mdnth of June next after the and, heing revised as hereinafter mentioned, shall, on the thirtieth thereof i
for five years.
day of September next following the holdiag of the Court of Revi-
p i ~ n at which the same were revised, become the electoral roll for
'Che pthticulnr &strict, and portiou of the electoral roll of the said Pro- vinie for the particular division to which the same relate respec- tively, aqa shall remain in force, with such alterations as may be made therein from time to time as hereinafter provided, for five years from the mid thirtieth day of September.

C o ~ f e ~ o f r 0 1 1 8 t o b e ~ 15, Every returning	officer	shdl, on	the	first	day	of	May
forwarded to Dietrid

council offices, ac. in every year, except in the year one thousand eight hundred

and seventy-four, and every fifth year thereafter, add to the

printed copies of the electoral roll for his district, and portion

of

330 VICTORL!E, No. 18.

Electoral Act,-1869170.

of the electoral roll of the said Province for his division, the names of all such persons as may have forwarded their claims to him as hereinafter provided, and d d l strike out the names of all such persons as have been struck off the original rolls by any Court of Revision; and each returning officer shall sign, date, and certify his copies to be correct, and shall cause the same to be forwarded

by post, not later than the said first day of May to the place of

meeting of every Corporation or District Council within the electoi~al

division or district to which t,he said copies respectively refer, and

dso to any police station in any such division or district beyond the

limits of a Corporntion or District Council: and the said copies respectively, shall be kept open to yuhlic inspection at such places until the twenty-fimt day of the said month of May.

26. Any person whose name does not appear on the electoral roll for the said Province, or for any particular district may, except

Persona claiming to

be placed on the roll

to give notice.

during the time fixed for the exhibition of the copies of the roll, and until after the Court of Revision shall have been held, have his name registered on the electoral roll for the said Province or district, as the case may be, by giving or sending by post to the proper returning officer for the division or district for which he claims to be registered a notice of his claim, which notice shall also state the pulling place at which he intends to record his vote; and

if he shall state rzo polling place, he shall be taken to intend to vote

at the chief polling place for such division or district.

27. The notice of claim for the Legislative Council shall contain Form ofnotice.

the particulars a ~ l d be in the form in the Fourth Schedule hereto, No. 1, or to the like ctiect; and thc notice of clainl for the House of Assembly shall coutnin the particulars and be in the form in the Fourth Schedule hereto, No. 2, or to the like effect,

28. Upon the receipt of any claim, the returning officer shall Upon receipt of clam

file the saine in his office, noting thewon the date of its receipt by ,yndoraedateofreeeipt, returning officer to

him, and shall imn~ediately cnter the name of

the claimant on the an4 to enter name of

roll for the district, or of the roll of the said Province, as the claimant on roll.

case may require, and shall enter in the column, under the heading "Date of Registration," the date on which he actually received such claim; and on any such claim being allowed by a Court of Revision, such date shaU for all purposes be deemed and taken to be the date of registration of such clairnant as an elector on the electoral roll for the said Province, or for the particular district as

the case may be. 29. Every person whose name shall be on the electoral roll for RegiaCred sieotm~

the said Province, or on the electoral roll for any district, as the may object to persons being on the roll who

case may be, may object to any person whose name shall appear WO not qualified.

thereon, as not being entitled to have his name retained ou such elektord roll: Provided that the person so objecting shall give or cause to be given to the returning officer, aud a190 to the person Notice of objactio~.

objected to, ten days notice in writing, prior to the day fixed

for

Electoral Act.-1869-70.

PART I. for holding any Court of Revision, according to the form in the Fifth Schedule hereto.

List of ersons 30. Each returninq officer shall, immediately after the receipt of such notices of objection, make a list of the names of the persons objected to arranged in alphabetical order in the forms in the Sixth Schedule hereto Nos. 1 and 2.

ohj S C ~ ' to.

officersto

keep the electoral rolls	31. Each returning officer shall keep in his office the electoral Province for his division, a i d the list of persons objected to, for such division and district, mid permit the same to be perused by any person a t all reasonable hours, until the day for holding the Court of Revision as hereinafter provided, without payment of any fee, and shall furnish to any person, desiring the same, a copy of any such roll, on the paymint of the sum of Two Shillings and Six-
and srrrne to be ouen	roll for his district. and ~ o r t i o n of the electord roll of the said
for inepection.
pence for each copy.
Returning oBwr	32. Every returning officer may object to any person as not entitled to have his name retained on any electoral roll giving, or causing to be given, such notice of objection to the person objected to as is hereinbefore required to be given in case of objection by electors; and all returning officers are hereby required to object in the case of all persons who they shall have reason to believe are not entitled to be retaincd on the said rolls.
may object.
may be sent through
Notice of objection	33. It shall be sufficient, if the notice of objection, required to be given as aforesaid, shall be sent by post, the sum chargeable as postage for the same being first paid, directed to the person to wtiom the same shall be sent, a t his place of abode as described in the said electoral roll; and when any person shall be desirous
the post.
of srriding any such notice of objection by the post, he shall deliver the sanio, duly directed, open, and in d;plieate, to the postmaster
of any post office within such hours as shall hitve been previously given notice of at such post office, atid under such regulations with respect to the registration of such letters, and the fee to be paid for such registration (which fee shall, in no case, exceed Twopence over and above the ordinary rate of postage) as shall from time to time be mtdc by the Postmaster-General in that behalf; and in all cases in which such fee shall have been duly paid, the postmaster shall compare the said notice and duplicate, and, on being satisfied that they are alike in their address and their contents, shall seal or secure 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-
dence of the notice having been given to the person, at the place mentioned in such duplicate, on the day which such notice would, iu the ordinary course of post, have been delivered.

PART

33" VICTORIB, No. lg.	176
Electoral Act.-1869-70.

PART courts of Revision. PART ~ r.

34. On some day between the first and thirtieth days of June Courts of Revision.

in every year, Courts shall be held for the revision of the electoral

rolls, one ot which Courts at least shall be held in each electoral

district: Provided that it shall be lawful for the Governor, with the	.
advice of the Executive Council, prior to any election, on receiving from thc returning officer of any district a report certifying that it
is desirable that the electoral rolls of such district should be
revised, to issue a Proclamation in the Governnzent Gazette, ordering
s Special Court of Revision of any such district, and in any such
Proclamation to appoint the times and such place or places within the electoral district, where such Courts shall be held, and also the times within which the electoral lists shall be exhibited, and notices of objection given.

3.5. Courts of Revision shall be presided over by a revising TO ba hela at such

officer to be appointed for that purpose by the Governor with the ~o,,,,,,, placcs and times as

advice of the Executive Council, a t such reasonable remuneration wpoint.

as to such Governor with the advice aforesaid shidl seem meet; and

such Courts shall be held at such place or places within each

electoral district, and at such times as may be appointed for that pur-

pose by Proclamation to be published in the Government Gazette,

and may be continued by adjournment from time to time: Provided

that such Proclamation shall be published at least fourteen days be-

fore the date appointed for holding any such Court.

examine evidence, and by surnmons, under the hand of the Revision, 36. Courts of Revision shall have authority to hear, receive, and Power of courts of

revising oficcr, to require all such persons as such officer shall see fit to appear personally before such Court at a time and place to be named in the summons, and to produce to thc Court all such books ancl paoers in their possession or under their control as nmy appear nece&ary for the purpose of their examination, and any person so required as aforesaid who shall without just excuse

having appeared before any such Court shall without just excuse	neglect or refuse to comply with the tenor of such summons, or who
refuse to be examined on oath or affirmation concerning the premises, or to take such oath or affirmation, or having taken such oath or affirmation to answer such questions as shall be put io him, shall on conviction be liable to a penalty of not more than Twenty Pounds.

37. Courts of Revision shall, upon hearing in open Court, dmidedin opeucourt, &ueatians ta be

determine all matters submitted for their decision, and the OEcer presiding at any such Court 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 questions put to him a t such examination shall be guilty of perjury.

38. At the Courts of Revision held first aftqr the times hereinbe- ~g","~$;~;~t 3 E fore new ~ ,b,

176 330 VICTORIA3 No. 18.

Electoral Act.-1869-70.

P A ~ T	fore appointed for the compilation of new rolls every fifth year, the returning oacers for the respective districts, or, in case of the un-, avoidabg absence of any such returning officer, some person on his behalf, shall produce the books compiled as hereinbefore provided, and intended to form such riew rolls for the district or division for which such Court is beiqg-held, and such books shall be revised by the revising officer presiding at any such Court, who shall make such alterations therein, or additiois thereto, as may seem to him necessary or proper to be made for the purpose of placing thereon the names of every person entitled to be placed upon the electoral
roll of the particular district, or portion of the electoral roll of the
said ~rovinEe for the diiision, as the case may be, and who shall have duly claimed to be placed thereon, according to the pro- visions hereinbefore contained; and such revising officer shall, in open Court, sign his name at the foot of every page of such books, and also immediately under the last name before every blank space to be left as hereinbeforc provided a t the end of each letter, and shall also initial every alteration which, at the time of such revision, shall appear in such books, and shall certify at the end thereof respectively that the same has been duly revised by him; and, upon such books bcing so revised, the same shall, on the thirtieth da.y of September then next, become the electoral rolls for the particular district, or portion of the electoral roll of the said Province for the par ticular division, and shall so continue as hereinbefore provided.

~3lectoralroll5tobe	39.	The returning officer for ca,ch division or district, or, if he be
revined.

unavoidably prevented, some person on his behalf, shall attend a t each Court of Revision for his district, to be held at the times and places to be appointed as aforesaid, and shall produce the electoral rolls for his division and district, and the list of objections to such rolls, and each Court shall proceed to consider such objections (if any), and to revise such rolls as herein provided,

Persona not objected 40. Courts of Revision shall rctain on the electoral rolls have been duly made, and shall also rctain on such roll the name of every person who shall have been objected to by any other person, unless the person so objecting shall appear by himself or some one on his behalf in support of such objection, and prove the due delivery of his notice of objection; and when the name of any person appearing on any electoral roll shall bave been duly objected to, and the person objecting shall appear by him- self, or by some one on his behalf, in support of such objection, the Court before which such objection is made, shall require proof

to to be retained on

d a. Yroceediug~ in under revision the names of all persons to whom no objection shall

of

of the qualification of the person so objected to, and in case the

qualification of such person shall not be proved to the satisfaction of the Court, the said Court shall expunge the name of every such person from such electoral roll, and shall also expunge from every such roll the name of every person who shall be proved to the Court to be dead, or to have ceased to reside within the district or division to which w-ch roll relates, but in such last mentioned

case,

Electoral Act.-186'3-70.

ease, only upon proof of notice of objection having been duly

PABT Ir.

given as hereinbefore provided; and the said Court shall also have power, on the personal application of any elector, to change the description of the qualification of the elector, as appearing on such 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 such Courts shall also correct any mistake, or supply any omission which shall be proved to have been made in any such electoral roll, in respect of the name or place of abode of any person whose name shall appear thercou, or in respcct of the local description of his property; and the revisiug officer shall, in open Court, write his initials against the names struck out or inserted, and against any part of any roll in which any mistake shall have been corrected or alteration made.

41. If in any case it shall appear to any Court of Revisiou that Persons making frivoloue claim8 or

any person shall have made or attempted to sustain any frivolous

h py

and vexatious claim, or objection, to have any Dame inserted in, or ~ats.

retained on, any electoral roll, silcll Court, iu its discretion, may

make such order as may be fit, for the payment by such person of

the costs, or any part of the costs of any person, in resisting such

claim or objection, such order being in writing, and specifying the

sum (such s~x.tn not to exceed Tell Pounds), and by and to whom,

and when and where to be paid, failing which such order may be

entered up as a judgment of the nearest Eocal Court, and execution

issue thcreon, and all proceedings taken as upon any judgment

of such Local Court.

42. Where any person whose name appears on any electoral P r o v i ~ i o n n ~ n c c ~ ~ ~ i n casc s of change of

roll for any district or division shall be objected to on the around of abode. having changed his place of abode, the &nrt may retain'the name of such person thereol~, provided that such person or some one on his behalf s11a11 prove that he is possessed of the same qualification in respcct of which his name has been inserted on such electold roll, and shall also supply his true place of abode, which the said Court shall insert in such roll,

43. No person chinling to register hiis vote in any electoral Personalattendancm of electors not necea-

district or division shall be obliged to appear in person to make .., ,,,. qualifi.

proof of the naturo and sufficiency of his qualification, unless cation to vote, unle-

required by the Court.

required by the Court of Revision: Provided, that if such personal sttendancr- be rendered requisite on the application of a n i person objecting as aforesaid, such person, if his objection be disallowed, shall defray such expenses as the Court shall award for claimant's attendance; anl the amount of such expenses as fixed by the Court, may be entered up as a judgment of the nearest Local Court and execution issued thereon, and all proceedings taken as upon any judgment of such Local Court.

44. Every returning officer shall preserve the electoral roll Rolls to be pr-ed.

of his district and the portion of the electoral roll of the said Province

relating to his division among the records of his office, and all such

re turning

4 %.	33' VVICTORIIZE, No. 18.
Electoral Act,L1869-70.

PART	110	returning officers shall permit the said rolls, and portion of roll,
to be inspected a t all reasonable times.

Copies of roll to be

forwarded to I eturn- 45. Immediately after any rolls shall have been revised each

jag officer for the

returning oBcer shall forward to the retunling officer for the said

Province.

Province R certified copy of the roll for his district, and portion of the roll for the said Province for his division, and the returning officer for the said Province sllall cause the same to be printed, blank spaces

being left after each letter, for the addition from time to tirue of

the names of claimants, and each returning officer shall be supplied

with a sufficient number of copies.

Tranafer from one

roll in any division to

46. Any person whose name may, for the time being, be upon any electoral roll in any division, and who may desire and be entitled to have his name iuserted upon any other electoral roll in any other division may, on written application, siqncd by tlie person desiring to be transferred, obtain from t,lm retur&ng officer for the division on the electoral roll of which his name then is, a cer- tificate of transfer, in tlie form in the E@th Schedule hereto, addressed to tlic returning officer of thc division to which he shall desire to be transferred, and thereupon such last mentioned officer shall insert the name of such person upon the portion of the electoral roll of the said Province relating to his division, according to the trnor of such certificate, and sllall, under the heading '' Date of Registrtion," insert the datc mentioned in such certificate of transkr as the date on which such person was registered upon the roll fiom which he is so transferred, and such person shall be deemed to have been registered upon the portion of the electoral roll of the said Province fbr the divisio~l to which he is so transferred, as from such date, and shall be entitled to votc accordiugly.

another.

Alterationlr in roll8

caused by transfer to 47. Every re tur ih~g officer upon giving any such certificate

beinitinlledbvreturr- 0f trarisfer as R ~ O T ~ X R ~ ~ silall strike the Ilame of the person to

ing officer.	tvhon~ the same shall be issued off the electoral rolr for his
t l ~ e fact of the transfkr, a d shall initial the same; and every division, and shall make s nmnorandum against such name stating
returning officer inserting thc name of any person upon any electoral roll fbr any division, by virtue of any such certificate of transfcr shall make R. menlorandum against such name, stating the fact of the transfer, and shall initial tlie same.
Removing icta

another district. 48. Every ekctor for the Tlouse of Assembly, duly registered for

six months on the Electoral Roll for ariy district, who shall change his residence into another electoral district, shall be entitled to vote

a t any election for the district from which he has removed, any- thing to the contrary herein notwithstanding, until such time as he shall have been six months registered on the roll, and a Court of Revision shall have bven held in the district to M hich he has re- moved: Provided such elector, within one month, gives written notice of such removal to the returning officer of the district which lie has left, and forwards to the returning officer of the

district

3 8 VICTORI-B, NO. 18 179

Electoral Acf.-1869-70.

Pn* Ir.

district to which he has removed, his claim to bB placed on the electoral roll of such last-mentioned di'strict, and in such notice df claim also states the roll upon which he is registered, and notifies his intention to retain his right to vote.

List of transfers to

49. Every returning officer shall keep separate lists of certifi- cates of transfers issued and received, and shall insert in such lists all such certificates as may have been given or rcceivcd by him since the date of the last Court of Revision, and shall produce such lists to the revising officer at every Court of Revision.	be kept.
Tranefer from one

Any person whose name may for the time being be registered upon any electoral roll, and who may desire to change the polling	polling place to
another.
place at which he is entered therein as intending to vote to some other polliog place in the same division or district, may have the same changed accordingly, by giving the returning officer a notice in writ- ing of such his desire; and upon receipt of such notice, the returning officer shall make such change accordingly, striking out the name of such person as then appearing in the roll for such district, or portion of the roll of the said Province for such division, and inserting the same as entitled to vote at the polling place mentioned in such notice, and such returning officer shall make a lnemorandum against such name of the fact of such change of polling place, and shall initial the same; and thereupon such person shall be entitled to vote a t such last mentioned polling place in the same manner as if his name had been originally entered upon such roll as intending to vote thereat.
5 1. Except, as hereinbefore provided, no additions or alterations made to or in any electoral roll shall be of any force or effect	ration in roll8 not Additiona and altero*
valid until allowed by
whatever until after the same shall have been allowed by a Court	Court of Revision.
of Revision and initialled by the revising officer.

50.

52. The portions of the electoral roll for the various electoral divisions shall collectively form the electoral roll of the said Province.	Electoral rolls for
varioua divisions to
form electoral roll for
tho Province.

53. If from any cause the revision of any electoral rolls shall not have been made or completed within the time in that behalf	not held, Governor If Court of Revision
may appoint another

hereinbefore specified it shall be lawful for the Governor, with the	day.
advice of the Executive Council, by Proclamation in the Qouern- msnt Gazette, to appoint a day of not more than twenty days fiom the last day upon which such revision might hhwe been made to be the day for holding a Revision Court for the revision of such rolls, atld such dav, shali as to all such acts and proceedings as shall yet remain to )l; done or had with respect to such rolls, be deemed to bc for all intents and purposes within the time appointed hereby for such revision.
54. Where a Court of Revision is appointed to be held at more than one place within the same electoral district the nleetings of the	Where more than one
Court of Reviaion for
the same district,
Court shall be deemed to be adjournmeuts of the first meetiug,

3 F and

280 33" VICTORIZ, No. 18.

Electorat Act.-1 869-70.

PAST 11. and, in the case of the Courts held first ~ f t e r the compilation of

new rolls, the certificate hereinbefore required to be given by the revising officer shall not be given nor shall he s i p his name to

each pase of the electoral list until the last meeting of the Court

to be held for auch district.

PART Ixr. PART 111.C0nduct of Elections:

Writs to be issued by 55, Writs for the election of members to serve in the Legisla-

the Governor, and to be returnable to him. t h e Council and House of Assembly respectively, shall be issued

by the Governor, directed to the proper returning officer; in which

writs shall be named the day of nomination for such clections, and in the event of any such elections being contested, the day for taking the votes at the different polling places, and the day on which such writs shall be made returnable to the said Governor.

P

W r i t ~ ~ ~ ~ ~ ~ ~ ~ ~ s u ~ ~ l ~

vacancies only on 56. Writs for the purpose of electing a member to fill any seat in the JJegislative Council or House of Assembly, vacant by

~ i t o h e i ~

Or speaker. the death, resignation, acceptance of office, or other incapacity of any member, shall be issued by the Governor, upon the receipt from the President or Speaker of the said Legislative Council or House of Assembly respectively, of a notification of auch vacancy.

F O ~ of writs, 57. All writs to be issued for the election of members of the said Parliament under this Act shall be framed in any manner and form which may be necessary and sufficient for carrying the pro- visions hereof into effect.

Returning officer, and

deputy returning 58. Upon the receipt of any writ for the election of members

ornoer for Legislative to serve in the said Legislative Council, the returning officer of the

0 0 g 0 said Province shall endorse thereon the day of receiving the same,

of writs, &c,

and shall, within two days from the receipt thereof, forward a copy thereof to the deputy returning officer for each division of his district; and every dbputy returning officer shall, upon the receipt	of such copy, eudorse thereon the day of receiving the same, and	shall, within seven days from the receipt of such copy, give the like
notices, and forward the same by post, together with a l i ~ t of voters of the said Province relating to his division, to the same places as are hereinafter directed and-prescribed with regard to writs for the election of members to serve in the House of Assembly.

Returning officer for

House of Assembly to 59. upon the receipt of any writ for the election of members to

give notice of day of	serve in the House of ~ s s e r n 6 1 ~, the returning officer shall endorse
nomination, aud of	thereon the day of receiving the same, and shall, within seven days
election.
thereafter, give notice of the receipt thereof, and of the day of nomination and of taking votes fixed therein, and of the chief polling-place and other polling-places, if any, for takiug the votes at such election, and shall forward such notice by post, together with
a list of voters for his district, to the places of meeting of every
Corporation or District Council within such district, and also to every police station therein beyond the limits of such Corporations
or District Councils, 60. In
33" VICTORLIB, No. 18, 181

60. I n the case of am election of members to serve in the Legis- Notie of nomination. roll of the said ~iovince, and in the case ofkn electidn of members to serve in the House of Assembly for any electoral district, any two or more clectors registered upon the electoral roll for such district may, before the hour of the day fixed for nomination, address and forward, or deliver to the returning officer of the s J d Province or for such district. as the case may be, a letter or letters, signed bv such two or more clectors, as proposers of n person to belthereh narncd as a candidate to serve i11 the Legislative Council, or to represent the district in the EIouse of Assembly, as the case may PART 1x1.

lative Council, anv two or more electors registered unon the electoral ' in writing, to act if elected; and on the day of notui~iation named in the writ, tlie returning officer shall attend at noon, nt the chief polling-place of his electoral district, or in case of an election of members to serve in the Legislative Council the returning officer of the said Province shall, on the day of nomination, attend at noon a t the chief polling-place for the electoral district of East Adelaide, aud such returning officer, or returning officer of the said Province, as the case may be, shall there read all letters so addressed to him; and, if there shall not be a greater nuniber of candidates so proposed, and consenting as aforesaid, than are by such writ required to be elected, such returning officer or returning officer of tile said Province, as tlie case may be, shall declare such candidate or candidates to be duly elected, and make his return accordingly; aud, in the event of there bdng more candidates so proposed and secondecl, and consenting as aforesaid, than are by such writ required to be elected, such returning officer or returning officer of the said Province, as the case may be, shall then and there give notice of the names of the candidates, and of the names of the persons by whom they have been proposed, and of the day appointed in the writ for the taking of votes, and of the time of voting.

61. It shall not be lawful for any candidate for election as a canvass ~andidateanot personally to or

Member of the said Legislative Council or 1 louse of Assembly to ,t~,a

solicit personally the vote of any elector, or to attend any meeting m = t i n ~

of electors convened or held for electoral purposes, if such meeting

be held, in the case of an election of members to serve iu the

Legislative Council, within twelve hours of the time appointed for the nomination of candidates, or in case of an election of memberg to servc in the House of Asscmblv, within a like period of the time appointed for the nomination of candidates for the particular electoral district to represent which he is a candidate, nor except for the purpose of recording his vote, until after the close of the poll

at such election; and the attendance of any candidate at any such

meeting, or his personal solicitntioi~ of the vote of any elector, shall have the same effect as the acts of' bribery and corruption herein- after mentioned, so far as the same render any election void.

62. At every election the returning officer, if it shall appear to f ;gk;&;:~?&bd

him expedient for taking votes a t such eleotiou, may cause booths .*b.

182 33" VICTORIA!,, No. 18.

Electoral Act.-1869-70.

PART 111. to be erected, or rooms to be hired a t d used as such booths, a t the several nolliw nlaces of his district or divisiou, and the same sl~all be so divideduahd allotted inio compartments' as to the returning officer shall seem most convenient, and :such returning officer shall, before the day fixed for taking the votes, if there be a contest, cause to be furnished, for the use of each booth, a copy of that portion of the electoral roll containing tlie names of persons who shall have been registered for six ca1enda.r nlonths on the electoral roil for the district or division, as the case may be, and whose claim s l d l have bee11 allowed at a Court of Revision, and shall uuder his lmld certify eacli copy to be n true copy.

Returning officer to

preside and appoint 63. The returning officer of each ehctord district shall preside

deputies topreside at at the election within his district or division, and unless l~revcuted

voting	by illnew or other unavoidable cause, siltill attknd at the chi'ef polling
place at the time fixed for commencing the votir~g; and may appoint
a deputy to act for him a i d take the votes at each polling place:
Provided that such deputy be appointed by writing under the hand
of the said returning officer.

Pmcedinga on the

day of election.	64. The voting for the election of members of the 1,egislative Council and House of Assembly, at each polling place, shall be held before the returning officer or his deputy, and shall com- mence at nine o'clock in the forenoon, and shall fioally close a t five o'clock in the atternoon of the same day, and shall be conducted in manner f~llowing, that is to say- Every elector entitled to vote, and w21o shall vote in the election of members of the Legislative Council or House of Assembly, as the case may be, shall vote a t the polling place in the district or division lor which his name appears on the electoral roll, a11d shall present himself to the return-
ing officer or his deputy a t such polling place, and state his Christian
and surname, abode and profession, or occupation; and, i n case of voting for a member of the Legislative Council, the nature of his qualification, and the place where the property or qualification is situated: whereupon the returning officer or his deputy shall place
a mark against the voter's name on a copy of the electoral roll, and
hand to such voter a voting paper bearing the initials of the return-
ing officer or his deputy, and containiug the Christian and suroame
of eacll candidate arranged in nlphabet~cal order, accordiug to such surnanles, and if there are two candidates of tllc same surname, then according to the Christian name or names of such candiclstcs, and if there are two candidates of the s:tme Christian and surname, then according to the residerices of such candidates arranged in like onier, and every such voting paper shall have n square printed opposite ta the name of each candidate, with a number corresponding with such alphabetical order inserted in such square; awl no other matter or thing shall be inserted in or on such voting paper, viz., the Christian &nd surnames of the candidates, and the residence of
any two or more where necessary, and the numbers in such
squares; and there shall be provided separate apartments, or
places forming part of the polling booth, into which the voter shall

immediately

330 VICTORIAE, No. 18.	183
Electoral Act,-- 1869-70.

immediatelv retire, and there, alone and in private, without inter-	PART	1x1.
ruptioo, indicate the name of each candidate for wllonl he intends tovote, by making a cross within the square opposite the name of such candidate, and shall then f'old the same paper and immediately deliver it so folded to the returning officer or to his deputy, who shall forthwith publicly, and without opening the same, deposit it in a box to be provided for that purpose; arid no voting paper so de- posited in any box shall, on any account, be taken therefronl, unless
in the presence of the scrutineers after the close of the election:
Provided, tlmt no voting paper shall be received unlcss it be so folded as to render it impossible for the returning officer, or m y other persou to see for what candidate or candidates the vote is given; aa?d any voter wilfully infringing C any of the provisions of this clause, or obstructing the voting by any unnecessary delay in performing any act within the polling booth or room, shall be deemed guilty of a misderneanor, and on conviction shall be liable, at thc discre$on of the Court before which he is convicted, to be iinprisoned with or witbout hard labor for any term not exceeding two years.

65. The only persons who shall be allowed to remain within any Who m to remain io

pollin& booth or room shall be the electors about to vote, the polling booth.

returning officer and his deputies, and tbe scrutineers, appointed

in writing by, and not exceeding two for each candidate.

66. No inquiry shall be permitted at any election as to the right No inquir~ of a voter

except as to his

of any person to vote, except only as follows, that is to say-The idmtity, he

returning officer or his deputy may, or if required by any two electors has vOt" b~fore 011

the same election, and

entitled to vote in the same electoral district or division, s l d l put as to qualificlct,ion.

to any voter at the timo of his tendering his vote, and not after-

wards, the following questions, or any of them, and no other :-

First-Are you the person whose name* appears as A.&. in the Form of q~lestions to

be put to them

electoral roll now in force for this electoral district

place described i f 8 the electoral roll.] described to be situated in? , here specify the s&e-et or [or division, being registered therein for property

Second-Have you already voted at the present election ?

Third-Had	you, at the time of being registered, the qualifica- tion for which your name now stands in the electoral roll for the division of [qiec(f i ing in each case
the particulurs of the qualification as described in ihe electoral roll], and are you still possessed of thc same
qualifications? [o,; Are you of the age of twenty-one years, and did you at the time of being registered, and do you still reside within the District of ? and where do you now reside? and when did you change
your residence? RS the case may be].

And no person required to answer any of the said questions shd l Punishment ~ Q T mu

be permitted or qualified to vote until he &all have answered the 8mwer-

Etame, nor if he shall have amwered the same in such a manner as

a 0 to

PART rrr. to show that he is not qualified to vote, and if any person shall wilfully make n false answer to any of the questions aforesaid, he shall be deemed quilty of a misderneanol; and on conviction s l i d be liable, at the discretion of the Court before which he is convicted, to be imprisoned with or without hard labor for any term not exceeding two years.

P11nishmentforroti~g

twice, or personating 67. Every person who shall vote a second time, or offer to vote

voters,	a second time, at the same election, for any electoral district, or at
any election of members to servc in the Legislative Council, or who
sl~all persona'te any other person for the purpose of voting at any such electioo, shdl be guilty of a misdemeanor; and on conviction shall be liable, n t the discretion of the Courl, before which he is convicted, to be imprisoried with or without hard labor for any term not exceeding two years.
Deputiea to lea1 box

and voting papcrs and 68. Immediately before taking the votes, the returning officer or

ac,iVerthem,,,ri,h deputy returning officer shall exhibit the ballot box empty, and

to returning u f f i ~ r s. shdl ' then and there securely close and seal the inner cover

of such ballot box so that no voting papers can be removed

therefrom without breaking such seal; and each deputy 'eturniug

officer shall immediately on the close of the voting, publicly

close and seal thc outer cover of such box containing the

voting papers which have been taken at the polling place whereat

lie presided, and shall, with the least delev possible, dcliver cr

cnuse the same to be delivered to the reLnming officer of the

electoral district, or to the deputy returning officer for the electoral

division, as the cnsc may be; ancl in cases of clcctions of members

to serve in the Legislative Cowicil, the deputy retumimg officers

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

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

ofiicer for the said Province; arid any returning officer or deputy

rcturning officer convicted of illegally tan~pcring with the ballot

boxes, sllnll be guilty of a misdeineanor 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.

Adjournment ot no-	69. Wl~ere	the proceedings at any election shall be interrupted
mination, or of voting

in case of riot.

01- obstructed by my riot or open violence, whether such proceeding shnll colrsist of the nomination of candidates or of the taking the votes, the returning officer, or the deputy of any returning officer, s11d not for S Z I C ~ cause terminate the business of such nomination, nor finally clnse the voting, but shall adjourn the nomiontion or the taking tlyo votes at the partioulnr polling place a t wtlich such inter- ruption or obstnwtion shall have happened, until the following day, and if necessary, shall further ddjonrn such nomination or voting, ns the 'case may be, until such interruption or obstruction shall have ceased, when the reburning officer or his deputy shall again proceed with the business of the uomination or with the taking the

votes! as the case may be, at the place a t which the same re- spectlvely may have been interrupted or obstructed ; and the day

on

$3" VICTORlX, No, 18.	186
Blectoml Act -1569-70.

on which the business of the noniination sl~all have been conclucled - PART

shall be deemed to have been the day fixed for the election, and the comn~encement of the voting shall be regulated accordingly; clud any day whereon the voting shall have been so adjourned, shall not as to such place be reclconed the day of taking of votes at such election, within the meaning hereof; and whenever the voting shall have been so adjourned by any deputy of any returning officer, such deputy shall torthmitli giv- notice of such adjournment to the return-

ing officer,^^^ shall not f i d l y declare the stiltc of the voting, or nlahe

proclamation of the member chosen, until the voting so adjourned at such place shall have been finally closed, and the boxes contain- ing the votes delivered or transiuitted to ,such returuing officer.

70. The returning officer of each electoml district sliall at the ~ n m e s o ~ p e r a o n a

place of nomination, and as soon as may be practicable after the elected t o bo declared	by returning offcer.
election shall have been held, in the presence of two or more
scrutineers, whereof each candidate may naine one, open all the
boxes containing the voting papers delivered in at suclz election, and shall examine the syme, and shall reject all voting paperswhich shall contain crosses against tbe names of a lmger number of persons thau are required to be elected at any such electiou, or shall contain
any matter or t l h g other than is hereinbefore provided than such

crosses, and shall openly declare the general state of the votes a t the close of the election, as the same shall have been rmde up by him from thc voting papcrs taken at tllc scvcral voting-places; and he shall at the s m e time ancl place declare the nnrm of the person or persons who may have l~eeii duly elected at such election; and ill the event of the nuniber of votes being found to have hoer1 equnl for any two or 1mre cnudidates, he shall by his casting votc decide which of the cnudidates shall be electcd: Provided that no R,turni,,g ,fic,r,,t

returning olficer sllall vote at any dection for the electoral district to vote l5;cvt in M*	of equality o f votes.
of w l k h he is tlie returninz officer, except ill case of an eaualitv of votes as aforesaid: ~ r o v i d & lloae&r, t lkt the deputy of retkrn-
ing officer may vote at any electioi~

manner as if he 11ad not beeu appointed and acted as such deputy. for tlie electoral district, in like

7 1. The name of the person or persons so e1ect.d shall be inset-ted Return cf writs with

in or endorsed on the &it by the returning ofticer, end the writ suns endoraed Of e'ecteop.r" thereon.

returned to the Governor within the time by which the same Inay	..	"
be returnable.

72. All voting papers shall bc destroyed by the returning officer voting ,,,, to b .

forthwith, after the declaration of tllc rlaincs of the pcrsons duly d e a t ~ e d by the

returning officer.

elected, and all voting-papers issued to any deputy returning officer, and not used by him, shall be returned by him to the returning

officer, with the ballot-box.

'73. No election shall be held to be void in consequence solely of Provision in the , c ,

any delay of the holding of such election a t the time appointed, or ~	f	a	,	~	~	~	~	~	~	~
iu the return of the writ, or the abselice of the returnin2 officer, or any deputy, the use of written instead of priated rolls, or m y

error

380 VICTORIB, No. 18.

Electot.al Act.-1 869-70.

xxl*	error on the part of any returning officer or deputy, which shall not affect the result of the election. or of any error or impediment of a mere formal nature; add within ihe period of twenty days before or after the day appointed for the hdding of
any election, the Governor may, with the advice of the Executive
Council, extend the time allowed for the holding of such election, or for
thc return of the writ issued for the same, and may adopt or cause
to be adopted such measures as may be necessary to remove any obstacle by which the due course of any election may be impeded, and may supply any deficiericy that may otherwise nf ic t the same: Provided that m y measures so adopted by the Governor, with the advice of the Executive Council, shall be duly notified in the Gocern- ment Gazette.

What ehall be deemed 74

The following acts shall be deemed and taken to be acts of bribery and corruption on the part of any candidate, whether corn- mitted by such candidate or by any agent authorizcd to act for him, that is to say-the giving of money, or any other article whatsoever, cockades included, to any elector, with a view to influence his vote, or the holding out to him any promise or expectation of profit, ad- vancement, or enrichment in any shape, in order to influence his vote, or making use of any threat to any elector, or otherwise in- timidating him in any manner with a view to influence his vote; the treating of any elcctor, or the supplying him with meat, drink, lodging, or horse or carriage hire, or conveyance by steam or other- wise whilst at such election, or whilst engaged in coming to or going from such elcction; the *payment to any elector of any sum of money for acting or joining in any procession during such election, or before or after the same; the keeping open, or allowing to be kept open, any public-house, shop, booth, or tent, or place of enter- tainment, whether liquor or refreshment of any kind be distributed

acts of bribery and

oorruption.

supper, breakfast, or other entertainment at any place whatsoever,	at such place of entertainment or not; the giving of any dinner,
by a candidate to any number of elwtors, with a view of influencing
their vo tcs.

An oftheabo~e	acts	75. The commission of any one of the above-mentioned acts shall, on proof thereof, by the decision of the Court for the trial of com- plaints against the validity of returns hereinafter mentioned, bc held to render void the election of the person committing such act, and to disqualify him from sitting and voting in the s a ~ d Parliament,
to & q ~ ~ ~ i ~ y.
during the whole period that may intervene between the commis-
sion of the same and the time of the next periodical or general elec- tion.
76. The acts of all authorized agents of a candidate or member shall, in matters connected with elections, be held to be the acts of their principal, provided that i t shall be proved to the satisfaction of the above-mentioned Court that such acts were committed with his

,	Prinoi als bmnd by
aetro their a ~ n t e. P

knowledge or consent. 77, If

33" VICTQRTB, No. 18. 187

77. If anv of the above-mentioned acts. hcrebv declared to bc acts PAET rv.

of bribery ahd corruption, shall be committed b; any person not thc n c t ~ or bribery and

authorized agent of any candidate or member, the person so corn-	%	~	~	~	~	~	~	-
demeanor, and may be indicted for such act as for a misdemeanor, in the Supreme Court, and punished with fine not exceeding Two
mitting, or having committed them, shall be deemed guilty of a mis- ized agente. months, at the suit or on the plaint of Her Majesty's Attorney- General, or of any registered elector of the district wherein such act of bribery or corruption shall be alleged to have been committed.

78. If any person who shall have, or claim to have, any right to Penalty on persona

vote in any election of a Member of the Legislative Council or receiving or offering

for ,,

House of Assembly, for any electoral district, sl-m11 directly or in- withholding vote.

directly ask, receive, or take any money or other reward by way of

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

of his family or kindred, to give his vote, or to abstain from giving

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

friends, or by any person employed by him, shall, by any gift or re-

ward, or by any promisc and agreement, or security for any @ft or

reward, procure any person to give his vote in any such election, or

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

forfeit the sum of Fifty Pounds sterling to the person who shall first

sue for the same, to be recovered with full costs, by action in any

Court of competent jurisdiction.

79, No action, suit, or other proceeding shall be maintainable in NO action againatcan- didato for costa or ex-

any Court of the said Province against any person ~ h o may have pensea ofclcotioo.

been a candidate at any election for or in respect of any costs or ex-

penses whatsoever in or about or relating to such election.

PART Y.

PART v.-Court for Trial of Disputed Returns:

80. For the purpose of forming a Court for the trial of any F o r r n a t i o n d ~ ~ ~ ~ t

complaints which may be made against the validity of any returns ~ ~ a ? ~ ~ l t; ~ ~ ~ $ $ ~ ~

made by the returning officers of the several electoral districts returns by returning

hereby created, the Legislative Council, within one week after its first meeting, and thereafter within one wcck after its first meeting subsequent to each election to supply the place of members

who shall retire by rotation, and the Housc of Assembly, within

one week after the first mccting subsequent to every general election, shall elect, each out of its own body resycctivcly, four persons to be members of the said Court, and the junior or the sole acting Judge of the Supreme Court shall be the president of such Court.

81. If the said Legislative Council or House of Assembly shall Nomination of memo bers of Court to sup-

fail to elect the said four members of the said Court within the said ply

one week, such four members may be nominated at any time

afterwards by the President or Speaker, as the case may be; and if

my member shall be incapacitated to attend a meetin of the Court

by reason of resignation, refusal to act, acceptance o office, death, f

3H sickness,

188 33" VICTORIB, No. 18. -

II

Electoral Act.- 1869-70.

PART v. sickness, or any other impediment, to be allowed by the President of the Legislativc Council or Speaker of the House of Assembly, his place shall be supplied by a person nominated fur that purpose by the Legislative Council or House of Assembly respectively, or in default of such nomination for thc period of one week, by the President or Speakcr.

~ ~ o r d o f nomination

of members to be	82. The record of the election or nomination of the said members Legislative Council or Housc of Assembly on the proccedings of their respective Houses; and proof of such entry having been made shall be sufficient authority for the proper constitution of such Courts.
proof of proper con-	of the said Courts respectively shall be entered by the Clerk of the

ntituti~n of courts.

Courts not to prooeed 63. The said Courts respectively shall not proceed to any business

convened by the unless convened by order of the 1,egislativc Council or House of	to business unless
Legislative Couucilor Assembly, nor until each member thcrcof shall take the following

of Asaembly* oath or affirmation, as the case may be, which shall be administered by the presidcnt to each of the members, and afterwards by any member to the president :-

Oeth to be taken by I: A. B., do swear (or affirm as the case may be), that I wi l l

mernbera of tho

Courts.	duly administer justice in all matters which may be brought bcforc this Court, and that I will decide in all such matters according to the principles of good faith and equity, without partiality, favor, or affection, and according to the best of my
understanding. " SO HELP ME GOD."

Powere of Courts.	84. The Courts thus constituted shall have power to inquire into all cases which may be brought before each Court by the House by which it shall 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 allegation of bribery or corruption against any person con- cerned in any election, or out of any other allegation calculated to
affect the validity of the return.
Coutta to be guided	85. In the trial of any complaints as aforesaid, the members of the of the case, without regard to legal forms and solemnities, and shall direct themselves by the best evibrncc that thcy can procure, or that is laid before them, whether the same be such evidence as the law would require in other cases or not.
only by the real jris-	said Courts shall be guided by the real justice and good conscience

ticio. a , , .

mienm of eachcnsc.

court mav r e d a t e 86. Each of the said Courts shall be an open Court. and shall

have power to adjourn its sittings from thnk to time; as in its

"be proceedings.

discretion i t may think proper, provided that the interval of adjourn- ment shall not in any instance exceed four days, and shall be competent to regulate the form of its own proceedings; but such proceedings shall in no case extend beyond the period of five sitting

odaionttoaegiuen	days, unless by leave of the House by which it shall have been
within fivo days, and	appointed; and that if no decision be adopted by a majority within

to h final, without

appeal. five sitting days, or any enlarged period as aforesaid, the President

. of

33" VICTORIB, No, 18.

of the Court shall, on such evidence as may then be before the Court,	I'ART V.
nronounce a decision: and that everv decision, whether so pro- 6ounced by the president or by t h i Court, $hall bc final and

conclusive, -without appeal.

87. The said Courts shall be attended by one of the officers of	M inutee of proceed-
ings.

the Legislative Council or House of Assembly, as the case may be, who shall make a minute of all proceedings of the Court in such manner and form as shall fiom time to time be directed by the Court; and a copy of the minutes shall be laid from time to time, or at the termination of any inquiry before the Legislative Council

or IIouse of -4ssembly, as the case may be.

88. The said Courts shall not have power to inquire into the correctness of any electoral roll, or into the qualifications of proposers

Inquiries by Court to be restricted to iden-

tity of voters, and

or seconders, or into the qualifications of' persons whose votes may

propriety of admi~sion

on the day of election have been either admitted or rejected, but

or zejection of votea

simply int,o the idcntity of the pcrsons, and whether their votes were

improperly admitted or rejected, assuming tlie 1.011 to be correct.

89. All complaints of the undue return of members to scrve in the said Legislative Council or House of Assembly, shall be ad-

Complaints of undue returns to be by peti-

tion to the Legislative

dressed in the form of a petition to the said Le~islativc Council and Council or House of

House of Assembly respectivcly; and no petition shall be noticed,	Assembly.
nor any proceedings had thereon, unless it shall have bcen so pre- sented by a person who was a candidate at the election whereof it may be allegcd that ail undue return has bcen made, or by a number of pcrsons who eitl~er voted or were qualified to have votcd at the said election, amounting to not less than one-tcnth of the whole number on the roll of electors, the signature of each petitioner being attested hv two witnesses whose place of abode and occusation shall be given, ;nd unless a sum of ~ i ? t ~ Pounds shall be lod&d with the President of the Jigislative Council or the Speaker of the House of Assembly, as thc case may rcquirc, by the petitioncr or petitioners
be presented within twenty-one days from the day of election, or	as security for costs; and no petition shall bc noticed which shall not
one week from the meeting of Parliament, which shall last happen: Provided, that in case that the branch of tlie Legislature 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.

90, Any such petition shall, within ten days after the same shall Petition to be referred

have been duly received, be referred to the Court abo~e~mentioned,	to Court.
appointed by the House to which the said petition shall be addressed, and such Court shall inquire whether or not such petition is duly and properly signed.

merits of every such petition, shall be guided by the principles of on petition*. 91. The said Courts respectively, in hearing and deciding on the Proceediw of Courb

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

any

53" VETORIB, No. 18.

Electoral Act.--1 869-70.

PART T.

any evidence that may be tendered to them, and shall have power to

' compel the attendance of witnesses and to examine them on oath;

and also to send for and examine papers, records, and other docu- mentary evidence affecting the matter under investigation; and

if any such Court shall declare that any person was not duly

elected who was returned as elected by 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 Legislative Council or House of Assembly, as the case may be; and if such Court shall declare any person to have been duly elected who was not returned

by any returning officer, the person so declared to be duly elected

shall be sworn a member of the said Legislative C o u n d 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 Speaker, on the same being certified to him by the President of the Court, shall forthwith cause to be issued a new writ fox the holding of another election for such district.

Coats and oxpensas on	92. The said Courts respectively may, in writing under the hand of the ~resident,'award to the party petitioning, or the candidate against whom the petition shall have been presented, such reasonable costs and expenses as such Court may deem fit; and the President or Speaker of the Legislative Coulicil or House of Assembly, as the case may require, shall, by order under his hand, direct the payment of the said sum of Fifty Pounds, deposited according to the provisions hereinbefore contained, or a sufficient sum thereof, to any party or parties who, by such award, shall appear to be entitled to recover costs and expeuses against the person, or any of the persons, by whom such deposit was made; and thc party entitled to any such costs and expenses under such award may recover the same, or so much thereof as shall not be paid out of any such deposit, from the party liable to pay the same; and if the party liable to pay such costs ancl cxpcnses shall not, upon demand being madc within seven
being
reoover&*
by warrant under his hand, directed to the Sheriff of the said days thereafter, pay the same, the said President or Speaker shall, Province, command the said Sherlff to levy for the amount named
in such wairant, upon the lands and tenements, goods and chattels, of the partv liable to pay the same; and, thereupon, the said Sheriff shall forthkth. in the same manner as in executing a levy under a writ of $eri f'acias, levy for the said amount, and, when it shall be recovered, pay over the same to the party entitled thereto; and any person from whom the amount of such costs and expenses shall have been received, or who shall have paid the same on demand thereof, shall be entitled to recover, in any Cowt of competent jurisdiction, from the other persons, if such there be, who are liable to pay the same, or a proportionate share thereof, according to the number of persons so liable, and according to the extent of the liability of each person; and every such vvarrant shall be returned to the said President or Speaker, as the case may be.

Pcndt). dimbedi-

enm. 93, If any person summoned by any such Court shall disobey such

summons,

33" VICTORI3.3, No. 18.

summons, or shall refuse or neglect to produce any papers, recorde,	PART	v.
or other documenta-ry evidence relating to or affecting the matter under investigation, or shall refuse to suimit himself to examination, shall be deemed guilty of contempt and be liable in the same manner as for a contempt of the Supreme Court; and any person wilfully or knowingly giving false evidence before any such Court, shall be dee~rled guilty of wilful and corrupt perjury, and shall be liable to the penalties for such offence; and the Sheriff and his officers shall give effect to any order given by, and execute any warrant under the hand of the President of, the said Court.

PART m,--General Matters. PART vx.

94. For the remuneration of the returning officers, there shall be itmanneration to

paid to them, in respect to the several makers and. things by this returning officerat

Act directed to be performed by them, the several sums mentioned

in the Ninth Schedule hereto and no other, and such payments

shall be made by the Treasurer, in pursuance of warrants under the

hand of the Governor.

on a certain day, and that day shall happen to be a Sunday, Good done fall on a holiday. 95. m e n any matter or thing is hereby directed to be erf formed Where mattera to be

Friday, Christmas Day, or other public holiday, the said matter or thing may be performed on the next succeeding day, not being any of the days aforesaid.

96. Every proceeding undcr this Act, for omissions, defaults, acts, Summars. procedure.

or offences, to which any pecuniary penalty is attached, shall, unless some other mode be prescribed for the recovery thereof, be had and taken and may be heard and determined in a sunlmsry way, by any Special Magistrate or two Justices, under the provisions of an Or- dinance of the Govcrnor and Legislative Council, No. G of 1850,

" To facilitate the performance of the duties of Justices of the Peace

out of Session, with respect to summary convictions and orders," or

of any Act hereafter to be in force relating to the duties of Justicee

with respect to summary convictions and orders, and all convictions

and orders may be enforced, as in the said Ordinance is mentioned.

97. There shall be an appeal from any conviction by any Special Appeal to Adelaide

Magistrate or Justice for any offence against this Act, or from any J urirdiction.

Local Court of Full

order dismissing any information or complaint, or from any order for payment of money for costs or otherwise; which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the pro- ceedings on such appeal shall be conducted in manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts; but the.Local Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

98. The Local Court of Adelaide, upon the hearing of any appeal, Local Covrt hearing of appeal, maj

may state one or more special case or cases for the opinion - of the .htespwa

PAX* TL Supreme Court, and the Supreme Court shall hear and decide such apedtd case or casm accmdiilg to the practice of the Supreme Court oh special eases, and tlie Supreme Court shall make order as to costs of any special case as to the said Court shall appear just; and any two or more Justices, or the Local Court of Adelaide, shall make an order in respect to the mattem referrd to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any 3udge thereof; which ordcr of the J~stices or Local Courts shall be enforced in manner provided for the enforcement of orders of Justices, under the said Ordinance No. 6 of 1850; and save as herein provided, no order or proceeding of any Special Magistrate or Justices, or of any Local Court, made under the authority of this Act, shall be appealed against, or removed by certiorari, or otherwise into the Supreme Court of the said Province.

Appropriation of

moneys.

99. One moiety of a31 moneys received for penalties imposed for

offences agairist this Act, shall be paid to the informant, and the

other moiety to the Treasurer on behalf of Her Majesty, Her heirs,

and successors, for the public uses of the said Province, and in sup-

port of the Government thereof.

Action to be brought	100.	NO action shall be brought or information laid for the recovery
and information laid

thTBO

of any penalty imposed by this Act, except within three calendar

months after the commission of the act in respect of which such

action is brought, or information laid respectively.

I reserve this Bill for the signification of Her Majesty's

pleasure thereon.

JAM b.S FERGUSSON, Governor.

THE

Electoral Act.1869-70.

THE SCHEDULES REFERRED TO.

THE FIRST SCHEDULE.

Acts Repealed.

Number of Act. Title of Aot. Extent of Repaal.

NO. l0 of 1866-6 An Act to provide for the Election of Members to serve The whole.

in the Parliament of South Australia.

No. 8 of 1866 An Act to amend "An Act to provide for the Election The whole.

of Nembers to serve in the Parliament of South

Australia."

An Act to make further provision for the Election of The whole.

Members	to serve in the Parliament of South Aus-
tralia.

No. 20 of 1861 An Act to provide for the Election of Members to aerve The whole, except Sections 3 and 4 and Schedules A

in the Parliament of tho Province of Houth Australia.

THE SECOND SCHEDULE.

Form of Etectoral Rolls.

No. l.--Roll of Electors for the Electoral Ilivision of who

claim to vote a t

Christian and. Where property

Surnhmc Place of Neture of affording Date of

No' Remarks.

of each person AbocTe. aualification. qualification is Registration.

at full length. situated.

No. %-Roll of Electors for the Electoral District of who

claim to vote at

Christian and I 1 I I

Surname Profession or Date of

No. Place of Abode.

of each person	Occupation.	Registration.	Remarke.
at full lmgth.

-

THE

3 f VICTORIB, No. 18.

Electoral A c t 1 869-70.

TBE THIRD SCHEDULE.

South Aurtralia.-- Electoral Dhtrict of L

To

Take notice, that you are hereby required to make known to every male person, of the age of 21 yeara and upwards, resident in your dwelling-house at the date of the receipt hereof, that they, and each of them, are to insert their names in the following Schedules, in order to entitle them or him to vote a t 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,

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

[residence] before the day of: And further take

notice, that if you fail. to return the same on or before the date aforesaid, you will be

liable to a penalty of not less than nor more than shillinga.

(Sigbd) A. B., Returning Officer for the District of

Dated thie day of

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

Chief voting place.	.......
Other voting places	......

No. l.-Schedule	of Persons claiming to vote for Members of the Zegishtice Council.
.-

Signature of claimant, Where the property Polling place at

Place of Nature of

Christian and aurnarne of affordig the qualification which the

abode. qualificaion.

each person, at full length. is situate. elector will vote,

-- m

No. 2.-Schedule of Persona claiming to vote for Menders of the House of Assenzbly.

Signature of claimant, Polling place at

Christian and aurname at Place of abode. Profession or ccoupation. which the

full length. elector will vote.

Declaration.

1 hereby declare that I have complied with the requiremants of thia notice, and

the above is a true return of all matters relating thereto.

Dated this day of

(Signed) A. B.,

(being the peruon to whom the above notice is addreseed).

THE

3 3 VICTORIE, No. 18.

~iectoral Act.-1 86 9-70.

. . . - - p p

THE FOURTH SCHEDULE.

Notices of Claim.

No. 1. -LEGISLATIVE COUNCIL.

To bAe Deptlly Returning Oflcer for the Division of

I hereby give you notice, that I claim to have my name inserted in the electoral

roll for the division of , in virtue of the under-mentioned qualification, and

to vote at in the said division.

Dated day of in the year one thousand eight hundred and

(Christian and surname in full)

(Place of abode)

(Qualification)

*(Where situate)

QUALIFIOATIONS.

l, Freehold, clear value of $50, 2. Registered lsaeehold of $20, with three

years to run or right of purchase.	3. Occupying dwelling-house of clear annual
value of $25.

N.B.-State fuEb wkre qudifying p o p t y b sitorattit'n the country, g b Gbotwfi; in t m s, name of etrsel.

NO, 2.-HOUSE OF A~EYBLP.

To the Returning Omer of the District o f

I hereby give you notice that I claim to have my name ineerted in the electoral

roll for the district of , and to vote at in the eaid district.

Dated at day of 18

(Christian and surname in full)

(Place of abode)

(Occupation)

THE FIFTH SCHEDULE.

Notice of Objection.

To the Returning O$icer of (and to the pe r~on o b j d e d to),

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

describe the peraon objected to as in the electoral rolll, being retained on the elec-

toral roll of the electoral district [or division] o f

Dated this

(Signed) A B, of [here state the place of abode or property for which he h,

or claims to he, included in the electoral roll.]

THE SIXTH SCHEDULE.

Liot of Persons Olijected to.

No. 1.

The foUowing pereons have been objected to, as not being entitled to have their names retained on the electoral roll for the electoral division of

Nature of the property

Cbrietian name and Place where the

Plaoe of Or ua'i'oation

No. surname of each person property or pualifloution

abode. for nhi& bia name is on

objected to. the electoral roll. is situated,

---F---

I, . I

I '

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

Dated at thie dav of v

No. 2,

38" VICTORIIZE, No. 18,

*

Electoral Act.-1 869-70.

No. 2.

The following persons have been objected to as not entitled to have their names retlained on the electoral roll for thedectoral district of

Christian name and aurneme

IT0. Place of abode. Profernion or occupation.

of ,a& pn,on* at m ,@b.

-7 --,---

-7 C _ I I

(Signed) A. B. Returning Officer.

Dated at	day of
THE SEVENTH SCHEDULE.

Fees to i5e taken by Town Clerks, and Clerks of District Councils.

8. d.

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

Town Clzrk of the City of Adelaide, for services performed under 10 0 0

clause 18, a eum not exceeding.. .......................... 1

To the Town Clerk of the City of Adelaide, a sum not exceeding, . 20 0 a

THE EIGHTH SCHEDULE.

Cert$cate of Transfer.

I, A,B., Deputy Returning Officer for the Division of do

hereby certify that C.D., of was duly registered as

an elector on the electoral roll for the said division on the day

of 18 , and his name still remains on the said roll, and that the said

C.D., claiming to be entitled to vote for the division of hath applied to be transferred thereto. Whereupon I, the said A.B., have given this certificate of transfer to the #aid C.D., to the intent that his name may be transferred from the electoral roll of the aaid division of to the electoral roll of the division of

Dated the day of 18

(Signed) A.B.

To E.P., Deputy Returning Officer for the Electoral Di~isioa of

THE NINTH SCHEDULE.

Fees to be paid to Returning Oflcors.

To the Returning Officers preparing and copying into books the lists to form new electoral rolls for Legislative Council and House of Assembly, and certified copies for printing, for each folio of

seventy -two words ...................................... 1

For adding to and correcting printed copies of rolls, and making and]

copying lists of objections; postage of same to places where they

are to be exhibited; drawing out and sending by post notices of

objection; attending Revision Courts, including travelling expenses

and all other services, not included in the above, connected with I

the amendment and preservation of the rolls. To the Returning

Officera of Districts (per annum) .......................... J

To the Returning Oficer for the Province (per annum) ..............

[n addition to the above, when elections take place-

Attending on day of nomination ..... P. .........,...........,..

Attending on day of voting ....................................

Travelling on each occasion, in addition to la. per mile	..............
33" VICTORIX, No, 18.
Electoral Act.--1 869-70.

Fees to be paid to Returning Oflcers (continued).

S S. d.

Attending the scrutiny and declaration.. ......................... 3 3 0

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

voucher) ..............................................

Stationery, advertising, and all other expenses not included in the 20 , ,

above, if the election be contested,. ......................... I " *

If not contested .............................................. 10 0 0

Deputy Returning Officer taking rotes ............................ 2 2 0

Clerk of Court of Revision and voting clerk ...................... 1 1 0

Doorkeeper on day of voting .................................... 0 10 6

Conveyancee of ballot boxes (as per vouchers) ....................

- -. .-

Adelaide : Printed by authority by W. C, Cox, ~orernment Printer, North-terrace.