Electoral Act 1872 (SA)

ANNO TRICESIMO QTTINTO ET TRICESIMO SEXTO

No. 15.

An Act to provide .for the Issue o f Writs for the Election of

Mem bem q f Parlinmen t & e e r t a i cases.

[lteserved, 31st July, 1872.)

W HEREAS it is expedient to provide for the issue of writs for Preamble the Election of Members of Farliament, in certain cases-Be

it therefore Enacted by the Governor of the Province of South Aus-

tralia, 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. If any vacancy happens in the House of Assembly, when Par- Provision when

absent from the said Province, or if the Member himself be Speaker,

liament is not in session, by the death or insolvency of any Member, the Parliament is not vacancy happena and

or by his accepting any office of profit or pension from the Crown it1 Scssion.

during pleasurc, excepting those required by the Constitution Act,

or any Act amending the said Act, to be held by Members of Parlia-

ment, the Speaker of the said House on being iltforrned of such

vacancy, and the cause thereof, by notice in writing under the hands

arid seals of any two Mcmbcrs of the mid House, shall, after giving

notice in two consecutive numbers of the South Australian Govern-

ment Gazette, cause a writ to be issued for supplying such vacancy,

unless the said Speaker shall have any doubt on the subject, or unless good reason to his satisfaction to the contrary shall be shown by writing under the hands of any four Members of thc said House.

I

2. If, when any such vacancy happens in the said House of Ifthereisno Spe&er,

Assembly, or at any time thereafter, before a writ has issued, there ~ ~ $ ~ ~ ~ ~ ' ~ ~ ~ ~ 8 U e

be no Speaker of the House of Assembly, or such Speaker be writ.

46 35" & 36" VICTORIA, No. 15.

The Writs of Electiojz Act.-1872.

any two Members of the said House may address their warrant or order in their joint names to the Clerk of the ETouse, and such Clerk shall, after giving notice in two consecutive numbers of the

South Australian Uoue~nment Gazette, cause a writ to be issued as if

he were the Speaker of such House, for supplying such vacancy, unless good reason to his satisfaction to the contrary shall be shown

by writing under the hands of any four Members of the said House.

writ t o k u o on re-	3. If any Member of the	IIouse of	Assembly, by writing under
signation to Speaker.

his hand addressed to the Speaker of the said House, and delivered to such Speaker, shall resign his seat in the said House of Assembly, then, upon the receipt of such resignation by such Speaker, the seat of such Mcmbcr shall become vacant; and such Speaker, on receiving such resignation iu writing, shall, if thc said 13ouse be not in Session, forthwith cause to be issued a writ for the election of a new Member in the place of the Member resigning.

HOW

to issue if no 4. If any Member of thc House of Assembly wishes to resign his seat in the interval between two Sessions of the Parliament, and there is then no Speaker of the said Rouse, or if. such Member be himself the Speaker of such House, he may, by writing under his hand, addressed and caused to be delivered to any two Members of the said Housc, resign his seat in the said House, and upon the receiving of such resignation by such two Membcrs, the scat of such Member resigning shall become vacant, and such two Members shall forthwith address their warrant or order, in their joint names, to the Clerk of the House, and such Clerk shall forthwith cause a writ to be issued, as if hc were the Speaker of such House, for upp plying such vacancy.

Spoakcr.

When Speaker may	5. Whenever, after any general rlection of the House of Assembly, and before the dissolution or other lawful determination of sucli Assembly, any scat tlicreiii shdl have become vacant, a
iasuo writ.
writ for the election of a rnembcr to serve in the place so vacant shall be issued by the Speaker of the said Assembly, under his
hand and seal; but if at the time of such occurrence of any such vacancy there be no Speaker, and the Assernbly be not in Session, or if the Speaker bc absent from South Australia, such writ shall be issued by the Governor, under his hand and the public seal of the Province.

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

pleasurc thereon.

JSMES FERGUSSON, Governor,

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Adclaide : By authodty, W. C. COX, Government Printor, North-terrace.