Electoral Act 1879 (SA)

No. 141.

An Act to consolidate and amend the I n \ - relating to the Election of Members to serve i n the Parlia- ment of Sou.tli Australia.

[Asseicted to, 25th Octo6e~, 1879.1

IIEIlkX3 it is expedient to consolidate a i d amend the Laws Preeuible.

W relatillg to the Elec~ion of Members t o scrw ill the Parliii-

merit of South Australia-Be it therefore Enacted, by the Govelxor

of the Province of South Australia, with the advice and consent ofm

t t ~ c Legislative Coimcil a i d House of Assembly of the said pro-

vince, in illis present Parliaui~ent assembled, as follows:

PART 11.-Conduct of J3lectioils:

l, 'l'hc Xlectoral Act, being Act No. 18 of 1869-70, The Elec- I 'RELIMXA~~Y. --

toral ,l&, bcing 4 c t Nu. $2 of 1877, ltd ail Act to amcntl the &peill.

Elwtord Act, KO. 127, 1878, shall be and tlze same are hcrcby rcpealeii; but this rcpcd slid1 not invuliclate anything luwfulty done under the anthority th~reof, nor affect anv rights acquired, or liabilities itlcw-red tllcreunder; nor sllall such' repcd be construed to reviw any Acte or Ordinances, or portions of Acts or Ordinances, by the said hereby repealed Acts, or any of them repealed.

2, 'l'his Act 1rri1,y cited i ts b ' 'l'lic Elcctorlil Act, 1879.'' short title.

3, 'l'his Act shall be dividecl into parts, as fbllows- Division of h 1

PART I.-Appoiutrncnt of Oficcrs and Preparation of Electoral Rolls:

3 - 42" & 430 VICTOKIE, No, 141. - L- - -- - --

Electoral Act.-1879.

Ya~L1*rn-asy. PART IV.-COI~T~ for the Trial of Disputed Returns:

-

PART v.--General Matters.

Interpretation. 4, I n the construction of this Act, Returning Officer " shall

mean the District Returning Officer of any electoral district, and the

Deputy Returning Officer for the corresponding electoral division.

PART I.

PART 1.

APPOINTMENT OF OFFICERS, AND PREPARATION OF

ELECTORAL ROLLS

Appointment of

Rcturning Officer for 5, Thc Governor shall, from time to time, appoint some fit pcmm

the province. to he the Returning Officer for the said province, and may from time to time remove such person, who shali perform the duties hcrciu- after mentioned, and until any other appointment shall be made, the person who, at the time this Act comes into operation, is the Returning Officer for the said province shall be and continue as such under this Act.

Appoi~~trnent of 6, rn each elcctord district, the Governor shall, from time to

time, appoint some fit persor. to be Returning Officer for such dis-

Re"1rning

each district. OffiWr

trict, to be called District Beturning Officer, who shall perform the duties assigned to him by this Act, Gespecting the clccti& of Mem- bers to s&e in the ~ o & e of ~ s s e r n b i ~, and may remove any such Returning Officers, from time to time; and until any other appoint- ment slrall be made, the persons who: at the time this Act comes into operation, are Retuming Officers, shall be and continue to act as Xettwning Officers for their respective districts; and every Return- ing Otficer shall ~eside or haw his chicf placc of business, otlicr than that of Returning Officer, i11 his district.

District Ratrunin,-	7, Evcry District Returning Qficer shall also be a Deputy Re-
Olficer to bc Dc?uty

Rcturuing Officer for turning Officer for the said province, and shall perform the duties the province. assigucd to lliin by this Act respecting the election of Members to

serve in the JAcgislative Council.

Governor to appoint 8, The Retunliilg Officer for the said province, and every District

~ r o ~ i ~ ~ o ~ ~ ~	sllbstitnte.	Ret~l.l&g Officer shall act until his appointment bc cancelled, or his
resignation be accepted, and in the case of his temporary absence, inability, or disability to act, the Governor s h l l app~in t a substitute to act temporarily in his place and stead; and the person so appointcd shall pcrform nncl exercise the duties and powers, and be subject
to the liabilities, of the Returning Officer in wrhosc place he is
appointed.

Members and cnndi.

d&es not to act as 9, No candiclate for election in :my electoral district shall bc

Iic,urning ogceT.,

competent to act as Retnrning Officer, or in any way to takc part

in the conduct of any election.

~cclara t ion to be 10, Evcry pc's011 who may hereafter be appointed. a Return-

m s d ~ by officers i1lg Officer for the said province, or District ~ c t u r n i n ~ Officer,

shall,

-

~ ' A W 1. -.

shall, before he enters on the perfor~ance of any duty nnder

the same, make and subscribe, before a Justica o i the Peace befor,, J,,~;,,

of the said province, the followiilg declaration, and the Justice be rlttorney-~enernl. trallsdtted to

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

A ttorney-General:

(: I (A. B.) do hereby declare that I accept the office of and I do hereby promise and declare that I will faithfully perform tllc dutics of the same, to the best of my understanding and ability, and that I will not reveal or disclose airy knowledge that I may acquire in the discharge of my said office 7 9 touching the vote of any elector.

11, Every inan of the age of twenty-one years, Bcing a natural QuaLifioation of elec- tors-Legialat iw

born, or naturalized subject of Iier Rl~ijesty, or legally made Conncil.	n dcnizcn of tho said province, and having a freehold estate
in yossession, either legal or equitable, situate witliiii the said province, of the clear value of Fifty Pounds sterling moncy above all charges and incumbrances affecting the same, or having a lease- hold estate in possession, situatc withi11 the said ~ O V ~ I I C C, of the clear annual value of 'rwventy Pounds, the lease thereof having been registered in the General Registry Office for tllc registration of deeds, and having three years t ~, run at the tirnc of voting, or con- taining a clause authorising the lesscc to bccomc tho purcliaser of the land thereby demised, or occupying n clmelling-honse of the clear annual value of Twenty-five Pounds sterling money, and who shall have been registered on the electoral roll of the province six months prior to the election, shall be entitled to votc at the election
of Members of the Legislative Council.

12. Every man of the age of twenty-one jears, being a natural Qualification of elec-

born, or naturalized subject of IIer Majesty, and having been regis- ti1&4;lge	or
tered upon the electoral roll of any district for the period of six	calendar months prior to any election, shall be qualified to rote in
the election of Members to serve in the House of Assembly: Pro- vided that no man shall be entitled to vote at the election of a Member of the Legislative Council or House of Assembly, who has been attainted or convicted of treason or felony, or other infamous offence, in any part of Her Majesty's Dominions, unless he has received a free pardon for such offence, or has undergone the sentence passed on him for such offence.

13. Every Returning Officer shall be provided with books ~ o m of roll.

according to the respective forms in the First Schedule hereto- First Schedule.

Nos. 1 and 2-the first, an electoral roll of all persons included in his electoral division who claim to vote at the election of Members of the Legislative Council, which shall form a portion of the electoral roll of the province; and secondly, an electoral roll of all First Schedule.

persons included in his electoral district who claim to vote at the election of Members of the House of Assembly in his district; and the names shall be mrznged in alphabetical order, according to the

I first

first letter of the surname, under thc 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, subsequently, be received as hereinafter mentioned; and in the colunm provided for entering the date of registration, there shall be entered against the name of each elector the date on which his name was inserted on the roll; and, in thc c!vcnt of his having claimed, then the date on which such Returning Officer actually received such claim: Provided that when any elector's name shall have been registered for six months on the roll it shall not be necessary, in the making up or printing any fresh rolls, to continue the insertion of siwh date.

Preeent electoral	14. The several electoral rolls now > n force shall be electoral
rolls to rontinue

imtil fresh rolls	rolls under this Act, and every Returning Officcr sha!l from time
are formed.	to time add, in writing, to the electoral roll for his district, and
i\aaitional names to	portion of the electorair011 for the ~;ovince relating to his division

IJe	to the	the names of all persons who may claim, under the provisions hereof, to have their names inserted on thc clectoral roll for such district, or portion of the electoral roll for the said province relating to such division, as tllc case may Fe; and such rolls shall, respectively, be thc electoral rolls for his district, and portion of the electoral roll for the province, until the formation and coming into force of
the fresh rolls to be made as hereinaftcr provided.

Claim may be made 15, Any qualified person whose name dclcs not appear on the

to be ~ l n c c d on rolls. c&ctoral roll for the said province, or for m y particular district,

may have his name registered on the electoral roll for the said province or district, as the case may be, by g i ~ i n g or sending by post to the proper Returning Officer for the division or district in which he is resident, and for which he claims to be registered, a notice of his claim, which notice shall also state the polling-place at which hc intends to record his vote, and the division or district in which he was last registered to vote; and if he shall stat4e no polling-place, he shall be takcn to intend to v o t ~ at the chief polling-

place for such division or district.

Form of claim. 16. "l he notice of claim for the Legislative Council shall contain

Third Schedule.	the particulars and be in t'rir! form in thc Third Schedule hereto, No. 1, or to the like effect; and the notice of claim for the House of Assembly shall contain the particulars a d be in the forin in the Third Schcclule hereto, No. 2, or to the like eff'ect.
Returning OHir~rsio

enter claimnnts on 17, Upon the receipt of any claim, the Returning Officer shall

TOIIS. file the same in his ofice, noting thercon the dste of its receipt by him, and shall immcdiately enter the name of the claimant on the 1.011 tor the division or district, as the case may require, and shall e~iter in the column, under the heading "Date of Registration," the date ~n which he actually received such claim; arid such date shall be the date of registration of such claimant as ftn elector, unless such claimant shall in such notice state that his name appeared in the electoral roll immediately previous to the then existing roll, in which

case

case the date entered in the said column shall be the date on which	- PAW I.
such claimant was registered on slich previous roll.

18. I n the month of February, in the year one thonsnnd cight form3 Notice t o of br d e 1 i ~ e a o f advertised

hundred and eighty-one, and in the month of February in cwry inthc Gazette.

fifth year thereafter, thc Rctuming Officer for the said prsvince shall

causc to bc published in the Gover~?mcl!t Gaxatte, and to be exhibitcd

at every telegraph office, post office, and police station in the said

province, othcr than that part of the province known as the Northern

'Territory, a notice calling public atteution to the fact that fresh

electoral rolls are nbout to be formed, and that returns, to be

filled up by persons claiming to have their m r w m inserted thcrcin,

have been or are about to be lcft at evcry dwelling-house within

the said province, and that evcvy ycrson dcsirous of hnving his

name inserted in the new roll$ must cauw his namc, with his

qualification and rcsidcnce, to be iiiscrted in snch returns, or other-

wise send to the Returning Officer of his district a notice of claim

as hereinbefore provided: I'rovicled, also, that in the month of

February in every year public notice shall be miven in thc Govern-	naezlt Gazette requiring claixnauts to scnd in t h a r claims to be entered h
on the electoral roll.

19. The Governor, before the first day of May, in the ycar one z*?O:$r60naen-

tllousmd eight hundred and eighty-one, k id before the f i l st day of titlea to be on ~olla.

May in every fifth ycar after such year, shall cause to be ascer- l,,,,,,.

and to appoint col-

taincd the names of all niale persons qunlifietl to vote for the election of Members of Parliament, with their qualifications and resiclenccs for the formation of fresh electoral rolls, and fur that purpose shall appoint, by notice in the Govemnw~lt Gazc'itr. fit and proper pwsons, at reasonable remuneration, to be collecto~.s, nncl shall assign to them certain limits, and who within their respective limits shall

I	discharge the duties which by this Act and. the instructions to be
I	issued to them aro requiled to be performed.
l
instructions, cause to be left at the dwelling of every person residing

20. Each collector shall, on or before a day to bc named in such Duty of

Scbeddc,

within the limits assigned to him a return in the form in thc Second second the Christian and surnames in full of' all male persons of the age of twenty-one years and over, usually resident in such dwelling-house, and who shall claim to vote at the election of Members for the Legis- lati~le Council and IIonse of Assembly, or either of them, with the several particulars mentioned in the said Schedule, and thc said return shall be headed with a notice requiring the occupier or per- son hnving the charge of such dwelling-home to call the attention of such male persons to the receipt of such return, requesting them to state their names and other necessary particulars, so' that their names may be inserted in the electoral rolls then about to be formed; and such returns shall be called for or otherwise collected within the time specified in the instructions after they shall have been so left; and it shall bc the duty of the pewon so calling to see that

I	~ c h returns are properly filled up. 21, Each
l

6 42" $ 43'J VIC'TOKI&, No. 141.

Electoral ,4ct.-1879.

PART I. 21. Each collector shall, after the receipt of such returns, on or

To forward claims to before a day to be named in the instructions, forward the returns Returning Offiocrs. received by him to the Returning Officer of his district, and shall

reply to any inquiries made by such Returning Officer, and give any information relating to any name appearing In the said returns, or relating to the omission of any name from such returns, and any other matter.

Returning Officea to

see to the proper pre- 22, Each Returning Officer shall, on receipt of any such returns

paration of list. or any notice of claims, file thc same in his office, noting thereon the date 6f the receipt by him, and shall examine the saidheturns, and ascertain thc same are properly filled up, and may require from the person ~vho compiled the same any information or explanation he may consider necessary.

Returning ~ f f t b e r s to

compile fresh r o k 23. Each Returning Officer shall, on the receipt of the

returns and claims so sent to him, forthwith compile fresh electoral rolls for his division to form s portion of the electoral roll of the said province by inserting therein the names of all persons who shall appear tc be entitled to have their names inserted in such roll, and shall in like manner compilc a fresh electoral roll for his particixla~ district, by inserting therein the names of all persons who shall appear to be entitled to have their namcs inserted in such roll, and hc shall enter in the column under the heading " Date of Registration " the date then appearing on the electoral roll then in force Pi>r the district or division against the name of any elector who dial1 not have bcen registered six months on such roll, and in case of a claimant whose name is not upon such roll, then the date on which he actually received such claim, and such date as aforesaid shall for all purposes be deemed to be the date of registration of' such claimant as an elector on the electoral roll for thc said province, or for the particular district, as the case may be: and the Returning Officer shall date and sign the same; 2nd the rolls so prepared shall be the electoral

roll for the division or district, to which thc same relates,

and shall come into force and operation on the thirtieth

When to come in	ihy of June in the yctr they are so dated and signed, and
force.	shall remain in force with such alterations and additions as may be made therein for five years from the said thirtieth day of June:
Proviso.	Provided that if from any cause the roll of any division or district shall not have been completed on the said thirtieth day of June, the Governor may, by notice in the Government Gazette, enlarge the time for completing the said roll until a day to be named in such notice, and shall name a day when the same shall come into force and operation.

Priiting of rolls. 24.

Each Returning Officer shall annually, in the month of May, forward to the Returning Officer of the province a fair copy of the rolls certified correct, who shall thereupon with all convenient speed cause the same to be printed, blank spaces* bcing left aft& each letter for the addition from time to t,ime of the names of claimants,

and

42" & 43' VICTORIAi, Nu, 141. 7

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PART r.

and each Returning Officer shall be supplied with a sufficient

number of such printed copies.

25. Ewry Returning Offieer shall, on the first day of May in crrcry p$

year, and also on the thirtieth day of Junc in the years in which new rolls shall come into force, causc n copy of the said rolls, certified tinder his hand to be correct to the date of his signing the same, t o he forwarded by post to the place

of meeting of every Corporation or I h t r i c t Council within the

electoral division or district to which the said copies respectively refer, and also to every police station it1 any such division or district beyond the limits of a Corporation or District Council, and the said copies respectively shall be kopt opal to public inspection.

26. Each return in^ Officer shall d m n r s keep in his offirc the Returning keep rolls ancl Officer allow to

electoral roll for his dist~ict ancl portion of the electoral roll of the kspection.

said province for his divisioir for the time being in force, and permit

the same to be perused by any person at all reasonable horn*s

without payment of any fee, and shall furnish to m y person desiring

the same a copy of either such m11 on the payment of the SUXKL of

Two Shillings and Sixpcnce for t d i col)y.

Duty of Beturning

27, When any new c h t o r a l districts shall bc crcatcd, or the Oficers on clectorrtl

boundaries of electcm1 districts altered, the R~t iml ing Officc~s of districts being

such districts shall, within orre calendar i11onth, nlnk(~ up or altcr the altered.

elrctoral rolls accordingly; rnld shall erase thc nimcs ;f all persons rcgistcrcd on the electoral rolls who, after any such alteration of bounciaries, are not residents within their respective districts and divisioils, and forward to tllc Returnillg Offific crs of ail) iicwly-created or altered district a ~ ~ r t i f i c d list of tlw I ~ L L I ~ C S of such prrsons as shall reside in sndl newly-creatcd or nltercd district, their abodes, qualifications. arid pcriod or clate of registration. as appearing or1 the electoral rolls for the Lcgis1:~tim ( 'ounril and IPonsc of Asseiilbl y

respectively; and such last - iwntionccl Retmxiug O~ficom shall,

on thc receipt of snch lists, enter thc ilalnes of' such rlectors on the electoral rolls of' their district or tlivision: as thc cxse may

be, inserting ngainst the name of lxmons not iegisterecl for six months in the column hc:tcicci a Date of Rcgiatration," the rltttc of registration, as appearing un thc clcctoral ~ l l on which the elmtor was previously 1qistercd; ancl shall make a, rnemoriinrlum i~gaillst

each name, stating tllc facts of tllr transf~r. and shull initial tlx same; and every such elector slrnll bc deemed to h a w bceir regis- tered upon tl~ct electoral roll for such district or portion of the electoral roll. of the said province for such division, as from such date, and shall bc cntitled to vote accordingly.

Every Returning Office1- is hereby empowered, 011 the personal or written application of any clcctor, to cllnnge tiic description of omissions in rolls. ~ . ~ ~ f " ~ ~ r ~ ~ ~

28.

the qualification or reaidcnce of h clcctor, as appearing on sac11

r~eetcral roll, provided that the Returuing Officcr shall be satisfied that the qunlificatiorl or wsidence proposed to be substituted is

suficien t

PART r.

--- sufficient to entitle such person to vote, and hc 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 p l ~ c e

~ochangepolling- of abode of any person whose namc shall appoar thereon, or in

plaW BIect0r8. respect of the qualification, or in the date of registration, and may change the polling-place of any elector to any other polling-place; and shall write his initials against the uames struck out or inserted, and against any part of any roll in which m y mistake shall h a w been corrected or alteration made with the date of such correction or alteration: Provided that no person shall be entitled to change his polling-place during the four days next immediately before the clay appointed for the taking the poll at any election, nor upon the day for polling for such clcction.

Whomay object to

names on roll.	2Q0 Xvery person whose name shall be on the electoral roll for the said province, or on the electoral roll fbr any district, as the case may be, may objcct to the name of any other pcrson being retained on such roll; and all Returning Officers shall object in the case of all persons who they have reason to believe are dead, or are uot entitled to be retained tl~ercon.
Registrar-General to
send return of deaths.	30. The Registrar-Genera? of Births, Deaths,and Marriages shitl!, in the months of May, August., Novcmber, and February in each year, forward to thc ~ e t u r. n H ~ Officcr for cach district list con- taining the naincs, address, and occulmtionc of all inale persons above the age of twenty-one years whose dsaths shall have been registered in such district during the then next preceding three months, and shall datc:, sign, and certify the swtnc correct.

I tetumin~ Officer to 31.

'l'he Returning Officer for each district shall, in tha months of his rolls whom 11s objects to as not being entitlcd to be retained on his roll or rolls, and shall by such notice state a day, time, and

give notice of persons June, September. Ilcccn~ber, and March in cach ycar, by notice

to whom they ohj~ct,

and to erase names of unqualified persons. in the G'over?cme& Gnzette, g i ~ e a list of the names of persons on

place when ailcl where he mill bit to ernsc such names off his roll or	rolls, a i d t!~erenpon it shall be lawful then snd thcre for such
12eturning Officcr to erase the mmcs of such persons, or to such of them as shall not satisfy the Returning Officer that they are
entitled to have their rmucs retained ~ipon such roll or rolls.

Mode of objection. 32, A person, other than a Rt)tnrning Qfficer, intetlding to object

to the name of some other pcrson beiiig retained on any roll, shall give notice to thc Rcturniilg Officer in the form in the Fourth

Schedulc.	Schedule hereto, who shall, oil the application of the pcrson object-
ing, issue a summons to the person objcctcd to, in t,he form in the

~ i f t h	Schedule.	Fifth Schedule hereto, and shall state a day, time, and place, wheu he will hear such objection, arid such summons may be served by posting the same addressed to the last known place of abode of the person objected to, or if that be not known, thcn to t h ~ address appearing on the electoral roll; ant1 proof upon oath by t,he person
who posted such summons ondorsccl oil thcb duplicate thereof that

the

the original was so posted bv him shall be evidence of the summons .. PART I.

CI I d ---

having been received by the person objected to at thc plncc men- tioned in such duplicate 011 the day on which such notice would in the ordinary course of post have b e k received: Pmvided also that if the Returning Officer ~hid1 object to the i~uirlc of any person being retained on any roll, llc shall send a summolls to such person containing such particulars s s aforesaid, requiring him to appear and answer such objection, and such sum~nons inay be served by posting the same in manner hercinbefsre provided.

33. At the time and place mentioiied in the summons, or at some Hearingofol;jections.

adjournment: the Returning Officer shall hear the person objecting and his witnesses, and afterwards the person objected to, on oath, which he is authorised to aclminist.er, ancl shall determine the matter; and if he shall decide against the person objected to, he shall strike out the name from the roll, and shall initial snd date the sanze.

34. If the person objected to shall not appear eithm personally or If persoii objectod to

by sonle person on Ilia bchalf, according to the cxigcncy of the nornoto be struck o,l+.	shall not appear.
surnmons, the Returning Officer, upon due proof of the service of tbe summons, may strike out the name from the roll, t u d shall initial ancl date the samc.:.

35. If the person o1!jectd to shall appear: aiid the party objecting If ncither padg RP. "

shall not appear, or if licither party shall appear, the return in^^ Pe"~ "O	B ta!rcn.
0fficc.r shall take no further action in the matter.

36. If ally person shall have made or attempted to sustain any Retl~rning0ffi~erniay

frivolous and vexatious objection, the Itctu.rning OfEiccr ill his ,,,,,.	give costs in tcrtdiri
discretion mily order the payment by such person of the costs, or any part of the costs, of any person in resisting such objection, such order being in writing, and specifying thc sum (such sum not to exceed Two Pounds), and by, and to whorv, and when, and where F
to be paid, failing which, such ordcr may be sued upon by the person in whose favour it is made, in a Local Court, and the
production of such ordcr shall be conclusive evidence in favor of	the person in whose naine it is made.

Returning Oflicer, he may appeal to the nearest Local Court of Full Cou1 t. 37. If either party is: clisstttisfied by the clcterminatiou of n dppcitl to Loca!

Jurisdiction to be first holden scvcn days after such determination, ancl the pcocecdings on such apprnl shall be conducted in mnn1lc.r appointed by the said Orclitlance, No. 6 of 1850, for appeals to Local Courts.

certified to tllc Hcturning Officcr under the hand of the clerk of the to Returning Officcr. 3%. The jutlgnlent of the I ,ocnl Court on such appeal shall be Decisiontobeccrtitieci

Local Court, and the seal of snch Court, and thereupon the Returning Officer shall make such alteration or correcti~n '. in the roll

3s the necessity of thc case requires.

PART 1. "" - 39, Any person whose name may have been registered for six

Transfer from elec-

months upon any electoral roll in any division, and who may desire

toral roll of ono

division to another

and be entitled to have his name inserted upon any other electoral roll

division.

in m y other division may, on written application signed by the person desiring to be transferred, obtain from the Beturning Officer for the division on the electoral roll of which his name then is, a certificate

Sixth Schedule.

of transfer, in the form in tho Sixth Schedule hcreto, addressed to thc Kcturning Officer of the 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 provirlcc relating to his division, according to the tenor of such certificate, and such person shall be deemed to have been repistererl upon the portion of the electoral roll of the said povincefor the division to which hc is so transferred: and shall be cntitled to votc accordingly: Provided that no person shall be entj tlcd to rcccive

a certificate of transfer during the four days next immediatelr before

the day appointed for tuking the poll at any election of a kkrnb~r

or Members to serve in the Legislative Council, nor upon the day of

such poll.

Persons registered six	40. Any person whose name n l a ~	have been registered for six
months may obtain

certificates.	months upon any electorzl roll in any' division may obtain from the Returning Officer for the division, on the clcctoral roll of which his
Seventh Schedlh	name the; is, a certificate in the form in the Scventh Schedule hereto; and on giving such cc,rtificate, the Ret~wning Officer giving the same shall write the worc! '' certificate " 011 his eiectoral roll opposite thc imne of the elector receiving the sanic; and such elcctor shall not be entitled to votz at any c.lection without the prodnction of such certificate, but the prociuction of such certificate shall entitle him to
Proviso.	votc at any polling-booth in the province: Provided that such ccrtificate must be given up and csnrrlled on the holder exercibing his vote: Provitled also that thc application for such certificate by any elector shall be mttdc in sufficieht timc prior to any elrction, so as to enab1.c the Returning Officer to w i t c the word certificate " on the list of voters, prior to forwarding the same for use at such
voting-~'lacc.
Transfer to be noted

on both roils. 41, Every Returning Officer upon giving any such certificate of

transfer as aforesaid, shall strike the name of the person to u41om thc same shall be issucd off the rlwforal roll for his division, and shall malrc a memorandum against such r l m c stating the fact of the transfer, and shall initial the same; and every Returning Officer inserting the name of any person upon any electoral roll for any division, by virtue of any such certificate of trmsfcr, shall make a memorandum against such name, stating the fact of the transfer, and shall initial the same.

Transfer from one

dktrict to another 42, Any person whose name may for the time being be upon any

district.

electoral roll of any district, and who has been rcaistered thereon for

six months, and w l b shal	1 have bond fidp chanlgedc	Lis
another electoral district,	shall be entitled to have	his name inserted upon

42" CI: 43" VICTORIA;,, Nu. 141. l1

- - - --W --L -p

- -

. -

Rlectornl Act.-1879.

PART 1.

uuon the electoral roll of such other district, and he may, on written W

aiplicittion, in folm in t h ~ Ei$:lth Scllcdule hereto, s o. 1, obtain Eighth Schedule.

from the I tc turu in~ Officer of the district 011 the electoral roll of -- - which his nltrne is. a certiticate in tllc form il: the Eighth Schedule hereto, No. 2, ddtcssrd to the Returniilg Officer of &e district in which he shall be tlleil rcsiclent, arid upon clclivery of such certificate to tlic Retturniug Officer to whoin the same is acldresscd, accompanied with n declaration in the form in the Eighth Schcclule hereto, No. 3, the person mined thercin shall l ~ c cntitled to have liis name inserted on the roll for the last-rnexitioiied district, according to thc tenor of snch certificate, and the Returning Officer of such rlistrict shall insert thc namc of such person accordinglg, and thcrenpon such person shall be entitled to vote iu like inaanei ss though his nanlc had been originally inserted on snch last-mentioned roll: Provided that the Returning Officer shall not insert any name nfter the issue of any

writ for election of R Membcr for his district until after thc? return

of such writ.

43. Evory Returning Officer, upon giving sudl ccutificatc., shall	Returning Officer to
initial nltcrations.

strike the narnc of the 1)crsoil to ~ 1 1 0 1 ~ 1 t h same is issned off' the

elwtornl roll for his district, and sllull iilnke a int~inoriiidun~ against

snch naiilc. as follows :-'-Certificate to inserting the naruc of' any pcrson ay011 the clectoral roll of Lie

district by virtue of such certificate shall 111ali~ a l l l ~ l ~ ~ l ~ l l d ~ i ~ ~

wainst such nmlc as follows:-"	CYertificattl	fi.uru
3.

h t r i c t, " and shnll initial thc samc.

44, 'Phrre shall bc paid to the llcturuine Officer ard collector Feea to officers.

the sevcral fees and swns ~ncntioned in the Ninth Schedulc hereto,

for thc performance of thc several tiutics therein specified; but no	Ninth Schedule.
payment will bc' nmde to colle~tors except 011 the certificate of the Rrtuming Officer of the district to whom the returns are tlclivcrccl
of the due pcrformsncc of the collwtor's duty.,

45, If at any elwtion for tlio T,egislatirc C'omcil less than ten Polling-place closed

clrctors, or at any elertion for thc Tlouse of Assernhly less tllan in certain cases.

fiftecir dcctors, shall ~ o t e at m y pollinpldncr. sudl polling-place

shall thereupon cease to be a polling-placc.

PART IT.

CONDUCT O F ELECTIONS.

46. Writs for the electim of Members to serve in the Le~islativc Issue and return of

Council and House of Asscmbiy shall be issucd by the @overnor or the Speaker of the Ihouse of Assembly for the time being, as the case may be, and shall be directed to the proper Returning Officers, and in each writ shall be named the day of riomination for the election therein named, and, in the event of any such election bcing contested, the clay for taking the poll at the different polling-places,

snch

42" & 43' VICTORIA, No. 14'. - - C _ - -

E'lcctoral A c t. 1 8 7 9.

PnnT 11*

such day to bc not less than two days, nor more tlmn thirty days,

from the day of nomination.

F O of N&~s. ~ 47. All writs shall 5c framed in any manner and form which is sufficient for carrying the provisions hereof into effect.

Bfo(le of nomination, 48. In order that any person may become or be n candidate at

any election, he shall he nonlinated by not less than two persons entitled to vote at such election, in manner following, that is to say, after the issue of the w i t, ancl before the time fixed for the nomina- t,ion: there shall be delivered to the Returning OKicer a nomina-

'&nth Schedule.	tion paper, in the form, or to the effect of thc form, in the Tenth Schedule hereto, naming such person as a candidate at such election, and signed by the persons nominating aw aforesaid, and having at the foot thcreof a statewcirt, under th.e hand of the person so nominated, that he consents to act if elected.
Duty of Returning

Officera prior to day of 49, On receipt of any writ the duty of the Returning Officer

election.

for the province, and the several Returning Oflicers, shall be as

follows-

T. The Returning Officer for the province shall endorse thereon

the date of its receipt:

rr. He shall forthwith forward a copy af the writ to the Deputy Returning Officer for each division, who shall forthwith endorse the date of its receipt:

111. The Returning Officer for the province shall also cause to be printed and published a notice stating the receipt of the writ, the day of nomination, the date of the polling-day, and the chkf and other polling-places, and the names of the Deputy Returning Officers for each division, and slxill for- ward suficierit copies of such notice to the Deputy Returning

Officer for each division, who shall forthwith cause the

notices so forwarded to him to be published and circulated in

his division at such places and in such manner as he shall

think necessary:

iv. The District Returning Officer shall endorse on the writ the date of its receipt, and shall forthwith cause to be printed and published a notice stating the receipt of the writ, the

day of nomination, the date of the polling-day, and the chief

and other pollins-places, and shall cause such notices to be published and circulated in his district, at such places and in such manner as he shall think necessary.

Notice to be given of	50, The Returning Officer shall, at noon on the day of nomination, attend at the chief polling-place, and there publicly produce the ~everal nomination payers lie shall have then received, and give notice of the names of the persons nominated.
candidtttee,

51, In case there shall be no greater number of candidates duly ]'ART 11.

nominated than are rpquimd to 'he rlccted, thc Returning OEC& If no contest, rmai- shall declare such candidate or candidates to be elected, and make dates to be declared

his return accordingly. clected.

52, 111 case more such candidates shrill be dulg nominated, the If contest, notice to be given.

Returning Officer shall give notice thereof, of the names of the candidates, and of the clay and time of taking the poll.

53, When any election is contested the Retwning C)Aicer shall, for Booths to be erected

the purpose of &ing the poll, cause proper polling-bootl~s to be	or hired for taking
hired or erected, and shall properly fhlirjh the same, and shall, by writing under his hand, appoint a substitute to preside at cach polling- place, when he is not personally present, together with such poll clerks and doorkeepers as are necessary for the due arid orderly taking of the poll.

54. Each yollinpbooth shall have separate comj xrtments, and Polling.booth, how c o n s t ~ w t ~ d and

shdl be providcd with a ballot box having an inner corcr with a f,,rDiShed.

cleft therein for receiving the voting papers, and a lock and key, and

an outer cover with a lock and key, and the said compartments

shall be constructed so as to screen any voter therein from observa-

tion, and shdl bc furnished with pencils for the use of the voters.

55, The Returning Officer sl~all cause voting papers to bc printed Contevts and printing

which shall contain the Christian and surnames of the scveral. of votmg papers.

candidates arranged in alphabetical order according to such

surnames; and if there are two candidates of the same surname, then according to the Christian name of such candidates; and if there are two candidates of the same Christian and surname, then accolding to the residences of such candidates, arranged in the like order, and a square printed opposite the namc of cach candidate, and he shall obtain a sufficient number of voting papers.

56. Before the hour of polling the Returning Officer shall deliver ~; ~ ~ ~ ~ @ t f ~ ~ ~ ~

to the substitutes a t cach polling-booth a list of the electors on the voting paperr.

said roll who have been registered for six months, and who claim to

vote at such polliilg-booth, herein called " list of voters," together

with a copy or copies of the roll in force for the division or district,

as the case may be, for use a t the said polling, and shall sign each

page of such list, and shall also deliver to cach substitute and himself

retain such numbers respectively of the voting papers as shall be suffi-

cient for the use of the clcctors a t such booth.

57, Before delivering the voting papers to the electors, each . e a ~ r e i f ; : i ? V to be

Returning Officer or his substitute shall initial such papew on the face thereof, and fold them, and kcep an exact account of all initialled voting papers.

58, On the day of election the poll shall be taken at the several Prqceefinga on day of voting.

polling-places according to the following regdations-

I. The

i 4 42" & 4 3 O VICTORIA, NO. 141.

Electoral Act.-1879.

yam 11, I. The polling booth shall he open to the public at eight o'clock in the forcnoon, when the presiding officer shall exhibit the ballot-box crnpty, and shall then securely fasten and seal the inner cover thoreof, so that no voting papers can be removed therefrom without breaking such seal:

IT. The poll shall be open to votcrs at the said hour of eight o'clock, acd shall continue so open until all the votes of electors present in thc polling-booth at the hour of five o'clock- in the afternoon shall have bcen taken, and shall then finall? close:

1 1 r. Every person proposing to vote shall stnt,a to the presiding

officer, or to some one 01 his clerks, liis Christian a i d surname,

'and if so required any other of thc ~)articulars necessary to be expressed in the roll, which the said officer may rcquirc for the sole purpose of enabling him to ascertain the name upon the roll intended by such perso11:

IV. The presiding officer or voting clerk shall ascertain if the name intended by the votez. is upon the list of voters, and if so found he shall, subject as after provided, delivcr to such voter c? voting papcr bearing thc iuitials of the Iteturning Officer, or hie substitute, and shall placc a mark against the voter's nime on the list of voters:

v. If a prson representin" lhlsclf to Lc n particular cl(.ctor named on the roll applies for a voting paper after another person has voted as such elector, the appiicnnt shall, upon h.

Eleventh Schedule. duly answering the questions in the Eleventh Schedule, be entitled to receive a voting paper i11 the salnu nmnncs as any other voter:

v I,

The votc.r sllall fox thwith retire alonc to ~onic unoccupied com- partment of the said booth, and shall there in private and wj thout delay indicate the name of each candidate for wholn he intends to ~ o t e by malring a cross, the centre of which cross

shall be containd within the square oppositcb the name of

iromediateiy deliver i t so folded to the presiding officer, whc, such candidate, and shall then fold the voting paper, and shall openly forthwith, and ~vithout uilfoldirlg the same,

deposit it in the ballot-box, and the voter shall then quit the

polling-booth:

rlr. Any voter may signifj to the prrsiding officer that bp rcason of blinclness hc is nnablc to eompl~i with thc last precccling regulation; and thereupon the pre&ling officer, if satisfied that such wtcr is afflicted with blindness, shall permit any agent nanlecl by such 1-oter to accompany him into the com- partment set apart for the purpose, to mtuk thtl 170titlg paper on such voter's bcllalf, and haid the same to the Ret~zrning

Officrs, who shall deposit thc snnlc in the ballot-box:

vr I r. Any person who, by mistake or accident, shall spoil any wtiug paper, may, before the same shall have been deposited in the

ballot-

ballot-box, upon siguif'ying the same to the Beturiiing Officer PAW 11.

- - -- -

and delivering up the spoiled ~ o t i n g palm, obtain a frcsh voting paper, antl the spoiled voting paper shall be then and there destroyed, by burning the same:

rx. '4t the close of the poll the presiding officcr sllctll publicly close, fasten: and seal the outer cover of the ballot-box, and shall take charge of the same, and tllc same shall not be opened until ancl at the scrutiny.

59, Thc R c t u m i n ~ Ofliccr (cr his substitotc), the poll clerks, and w110 am to r e ~ ~ i a i ~ i in

rloorlieeIm-S a i d scrnt~nccrs (not exceeding two for each candidate, palli"~-booth.

to be appinted in writing), and electors about to vote shall alone

he permitted at any one time without the conscnt of the Returning

Officcr or his substitute to enter or renlain i11 the polljng-booth during the taking of the pall.

60, KO inquiry shall bc penliitted as to tlic right of any person Question I L ~ Y I ~ C put

to vote except as follows, that is to say, the presiding officer may, if ta'Otersn

he thinks fit, and shall, if requc~tecl by any scrutiiicx~r, put to the

person proposing to vote bcforc the voting paper is delivewd to him,

o~ bcfore such paycr is clcyositcd in the Im!lot-box, the questions con-

tained ill the Elcvcnth Schcdul~ herclto, or any of them, and no other.

61. If tllz lwrson so proposing to vote sh11 refuse to anewer any 011 refilsal to :Lllswer, or if not qualitir d,

qu~stion, or sliall answer the same in such rnannei as to show that ,,ang to Le

he is ilot qualified to votc, 11c shall not be permitted to votc, and he destroyed.

shall forthwith return to the presiding offcer the voting paper, ii' anv, dcliverd to him, and which paper shall thereupon bc imme- di;tely destroyed by the anid presiding officer.

62. At tbc clasc of the votinn cidl pwsidinr: officer shall, with

the least clelay possible, cause the ballot-bus to be delivered to Officers.

the ltcturning Officer; and in c a m of clectioi~s of Members to

boxcs to the Returning Officer for the said province. serve in the Legislative ('ouiwil, the ltetnrning Ofticcrs shall, with the lcast delay possiblc, cause to be delivered thc whale of such 63. ,111 ~ o t i u g palms issne6 to any substitute, and not used by IJnuacd voting

Iiirn, antl all lists of F ' O ~ P ~ S, shall be returned by him to the I ie tur ihg Pape'"

Officc?r, with the ballot-box,

64, The proceedings for ascertaining tllc candidate or candidates l'roceedings ill

who have been elected, is herein callcd " the scrutiny," and each scrutiny.

candidate may, either by letter or telegram, noininatc: an agcrit herein called a scrutineer," to attend the scrntiuy, on his behalf, by giving to the Returning Oflicer the name and address of such agent before the opcning of thc poll, or without such iiotice, by permiasiorr of the Returning Officer.

The scrutiny shall be couducted as follows :-

I. Within one hour after the close of the poll the Returning

Officer

4a0 & 43' VICTOKIE, No. 141.

Electoral Act.-1879.

PART	11.	Officer shall, a t the chicf voting-place, in the prcsunce of and subject to the inspection of the scrutineers, or such of them as shall be then in attendance, and such other persons as may be approved of by the Returning Officer, proceed to open one of the ballot-boxes, and shall examine the votit~g
papers therein, and shall reject all voting papers not initialled, or which shall contain crosses against the names of a larger
number of candidates than are required to be elcctcd, or shall
contain anything marked or written other than the initials of the Returning Officer or his substitute and the cross inclicating the narnc of such candidate for whom the dcctor intends to vote, and proceed to ascertain the results of the votes by counting the votes given to each candidate; and shall in like manner open every other ballot-box, and examine and ascertain the number of votes therein contained, until all the ballot-boxes shall have been opened, and shall ascertain the final result of the poll. The Returning Officer may adjourn the scrutiny frmn time to time as he may con- sider necessary, having first sealed up all ballot-boxes un- counted at such adj ournmmt, and allowing any scrutineer also to seal the same, and then depositing the boxes i11 some sccare place:

IT, Where an equality of votes is found to exist between any

candidates, and the addition of a, vote would entitle any of the candidates to be declared elected, the Returning Officer shall give such additional vote; but he shall not he entitled otherwise to votc at an election for ~ h i c h he is Returning Officer: pro^ ided, however, that the substitute of any Returning Officer may votc a t any election in like manner

as if he hd not bettn appointed and acted as such sub-

stitute:

i r r, At the scrutiny, any scrutineer may object to any voting

paper t ~ s being informal, and thereupon the Returning

Officer shall give his decision, and shall mark on the voting

paper the word " aclxnitted " or '' rejected," as the case may

be, and thc decision of the Ret~xrning Officer thcreon shall be final, subject to rcversal by the Court for the Trial of Disputcd Retarns:

IV.

All voting papers which slid1 have been used for voting, except those which any scrutineor may have objected to as informal, or which the lteturning Officer may determine to be informal, and all unused voting papers, shall be forthwith de~t~royed. Voting papers not required to be destroyed, and the several marked lists of voters used in the voting on the day of elcction shall be retained by the Xetuming Officer unti'l after the time for hearing of a petition questioning the election or return.

Declaration of poll. 65, At the chief voting-place. as soon as conveniently may be

after the final results of the poll shall have been ascertained, the

Returning

42' dlC 43C VICTOKZAi, No. 141. - -. - -- - -- -

<- - p --

Electoral Act.-1879.

--p-- -p

Heturning Officer shall publicly cteclarc to be elected the candidate	PART	11.
or candidates to whom the majority of votes shall have been given.

66, The Returning Officer shall rcturn the name or names of the Return to writ.

persons elected by endorsement 011 the writ, and shall forward such writ to the Governor, or Spcakcr, as the case inay be, within thc time by which the same is made returnable.

Returning Officer of the province a rcturn, in a. tabular form, of Omcerof province. 67, The Returning Officer of the district shall send to the ~~~~;~t;f~~;~.;

the number of electors on the roll, the nurnbcr of voting papers found in the ballot-boxes, the number of voting papers allowed, the iiumber of voting papers rejected, distinguishirrg the number-lst,

not initidled by the Returning Officer or his sufistitute; 2nd, voting for more candidates than entitled to be elcctcd; 3rd, containing writing or marks by which the voter can be icicntified; &h, un- marked or informally-xnarked voting papers.

68, If any person iniscondncts himself ill any polling-booth, or Misconduct in

fails to obey ttm lawful orders of the Returning Officer or his sub- pO1ling-bOoth. unless with the pcrniission of the Returning Officer or substitute, again be allowed to entcr thc polling-booth.

stitute, hc may immediately, by order of the M&nrning Officer or

substitute, bc removed frotn the polling-station by any police officer

or const.ablc, or by any other p X 3 O l l authorised in writing bp the

69, Where the proceedings at any election shall be in- In of riot, voting

terrupted or obstructed by any riot or open violence, whether may be adjourned. such proceeding shall consist of thc nomination of candidates or of the taking the votcs, thu Returning Officer, shall not for such cause ternliilate thc business of such nomination, nor finally close the voting, but shall adjourn the nomination or the taking the votes at the particular polling-place at which such inter-	ruption or obstruction shall have hstppcned, until thc following day,	and if necessary, shall further adjourn such nomination or voting,
as the case may be, until such interruption or obstruction shall have ceased, when the Returning Officer or his deputy shall again proceed with the business of the nomination or with tllc taking the votes, as the case may be, a t the place at which the same re- spectively may have been interrupted or obstructed; and the day on which the business of the nomination shall liavc been concluded shall be deemed to have been the day fixed for the election, and the commencement of the voting shall be regulated accordingly; and any day whereon the voting shall have been so adjourned, shall not as to such place bc reckoned the day of taking of votes a t such election, within the meaning hereof; and whenever the voting shall haw been so adjourned by any deputy of any Returning Officer, such deputy shall forthwith give notice of such adjournment to the Retutli- ing Officer, who shall not finally declare the state of the voting, or make return of the member chosen, until the voting 80 adjourned

1 4 1 - 4 at

18 & 43* VICTORIE, No. 141.

Electoral Act.-1879.

PART 11-

at such place shall have been finally closed, and the boxes containing

the votes delivered or transmitted to such Returning Officer.

Candidates not to

attend election meet-	70. No candidate for election shall attend any meeting of electors in the writ for the nomination of candidates' for such election until after the close of the poll for such election, except for the purpose of recording his vote; and the attendance of any candidate at any meeting contrary to this clause shall, on proof thereof by the decision of the Court for the trial of complaints against the validity of returns hereinafter mentioned, be held to render void the election of the candidate committing such act.
in@ after day of	convened or held for electoral purposes on or after the day named
nomination.

Errors of form not to	71, No election shall be held to be ~ o i d	in consequence solely of
vitiate election.

any delay of the holding of such election at the time appointed, or in the return of thc writ, or the absence of the Returning Officer, or any deputy, the use of written iilstcad of printed rolls, or any error on the part of any Retuliing Officer or deputy, which shall not affect the result of the election, or of any error or impediment of a mere formal nature; and within the period of twenty days before or aftcr the day appointed for the holding of any election, the Governor, or the Speaker, as the case may be,

may extend the time allowed for the holding of such election,

or for the return of the writ issued for the samc, and may adopt or cause to be adopted such rncasures as may be necessary to remove any obstacle by which the due course oE any election may be impeded, and may a u ~ p l y any deficiency that may otherwise affect the same: Frovided Chat any measures so adopted by the Governor, or the Speaker, as the case may be, shall be duly notified in the Government Gazette.

YART 111. PART 111.

OFFENCES AND PENALTIES.

Offence8 in respect of	72. Every person who--
nomination papers,
voting papers, and	I. Forges or fraudulently defaces or fraudulently destroys any

ballot-boxes.

nomination paper, or dclivcrs to the Returning Officer any

iiomination paper knowing the same to be forged; or

11. Forges or counterfeits or fraudulently dcfaces, or fi-audu- lently destroys any voting paper or t,he initials on any voting

paper; or

111. Without due authority supplies any voting paper to any person; or

IY. Fraudulently puts into any ballot-box any paper other than the voting paper which he is authorised by law to put in; or

v. Fraudulently takes out of the polling-booth any voting paper; or

YI. Withnut due authority destroys, tikcs, opens, or' otherwise

interferes with any ballot-box or voting papers then in use

for the purposes of t,he election: VII. Refuses

~p~ & 43' VICTOKIE, No. 141.

p m ~ ! 111.

v ~ i.	Refuses to deliver to the Ecturning Officer or his substitute
any voting papcr in his possession, whether he shall have obtaincd such ~ot i i lg paper for the purpose of recording his vote or not:

Sha,ll be guilty of a misdemeanour, nncl be liable, if he is a Returning Officer, or an officer or clerk in attendance at a polling- booth, to imprisonment for any term not exceeding two years, with or without hard labor; and, if he is any other person, to imprison- ment for any term not exceeding six months, with or without hard labor; and any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable.

Inany indictment or other prosecution for an offence in relation to t.hc nomination papers, ballot-boxes, and voting papers at nil elcc- tion, thc property in such papers and boxes may be stated to be in the Returning Officer at such election.

Indictment or prose-

cution.

73.

74. Every person who-	bribery.
Offencea respecting
I. Directly, or indirectly, bp himself, or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure, or to etidenvor to procure, any money or valuable considcl~ation, to or for any votcr, or to or for any person on behalf of' any voter, or to or for any other person in order to induce ,zny voter to vote, or refrain from voting, or corruptly does any such act as aforesaid, on account of such voter having voted, or refrained from voting, at any election; or
r r. Directly or indirectly, by hiniself, or by m y other person on his behalf, ~ i v e s or procures or agrees to give or procure, or offers, promises, or promis~s to procwe, or to endeavor to procure, any office, place, or enlployment, to or for any voter, or to or for any person on behalf of any voter, or to or for

m y other person, in order to induce such voter to vote, to

refrain from voting, or corruptly does any such act as afore-

said on account of any voter having voted, or refrained from

voting, at any election; or

111. Directly or indirectly, by himself, or by any other person on

L

his behalf, makes any such gift, loan, offer, promise, procure- ment, or agreement as rtforcsaid, to or for any person, ir, order to inducc such person to procure, or endeavor to pro- cure, the return of any person to serve in Parliament, or the vote of any voter at an election; or

IV. Upon, or in consequence of, any such gift, loan, ofl'cr, promise, procurement, or agreement, procures or engages, promises, or cndeavors to procure, the return of any person to serve in Parliament, or the vote of any voter at any clection; or

v

Advances or pays, or causes to be advanced or paid, any money

to,

cd '

42* & 43" VICTORIr'E, No. 141.

Electoral Act,--1879.

PART 1x1. to. or for the use of. anv other ers son with the intent that i

suhh money, or any part thered, shall be expended in bribery at any election, or shall knowingly pay, or cause to be paid, any money to any person in discharge, or repayment of any money wholly or in part expended in bribery a t any elec- tion:

Shall be guilty of bribery.

Offence of accepting

bribes.	75. Every person who-
I. Before or during any election, directly or indirectly, by himself, or by any other person on his behalf, receives, agrees, or contracts for money, gift, loan, or valuable consideration, office, place, or employment, f o ~ himself, or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting a t any clection: or
11. After any election, dircctly or indirectly, by himself, or by ally other person 011 his behalf, ~eceives any money, or valuable consideration, on account of any persoli having voted, or refrained from voting, or having induced any other person to vote, or to refrain from voting, at any election:

Shall be liable to forfeit the scm of Ten Pounds to any person who shall sue for the same, togethcr with full costs of suit.

Offconces respecting,

treating, or payment 76. Every candidate at, an election who shall, by himself, or by or

of expensea of voters. with any person, by any other ways or m e k s on his bghalf	at any time, either before or during any election, with a view to
influehcc his rote, Circctly or in&recdy give, or provide, or cause to be given, or providecl, or shall be accessory to the giving or providing any meat, drink, entertainment, or horse or carriage hire, or conveyancc for any voter whilst at such election, or whilsi; engaged in comixg to or going from such election, shall be guilty of bribery.

Offences respecting

interference with 77. Every person who shall, directly or indirectly, by himself, or by

exercise of voting.	any other person on his behalf, make use of, or threaten to make use of;any for$, violencc, or restraint, or inflict, or threaten the infliction,
by himself, or by or through any other person, of any injury, damage,
harm, or loss, or in any othcr inamer practice intimidatrim upon, or against, any person, in order to induce or compel such person to vote, or refrain from voting, or on account of such person having voted, or refrained from voting at any election; or who shall, by abduction, c?uress, or any fraudulent device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the franchise
of any voter, or shall thereby compel, inducc, or prevail upon any
voter, either to give or refrain from giving, his vote at any election, shall be liable to forfcit the sum of One Hundred Pounds to any person who shall sue for the samc, together with full costs of suit.

42" & 4 3 O VICTOKIE, Nu, 141. -

Electoral Act.-1879.

7

78. I n any petition or other proceeding before any Court for

bribery, or undue influence, or to recover any penalty, or sum of

Evidence in proceed-

money for bribery or undue influencc, or complaining of any undue

ings for bribery:

return of any Member of Parliament, it shall be sufficient to allege that the defendant or respondent was at the electiou at, or in con- nection with, which the offence is intended to be alleged to have been ccmmitted, guilty of bribery, or undue influencc, us the cnsc may require, and the certificate of the Returning Officer in this behalf shall be sufficient evidence of the issue of any writ for any election, and of the due holding of the election, and of any person therein named having becn a candidate thereat; and i t shall not be necessary

to prove agency in the first instance before giving in evidcnce the

facts whereby the charge of bribery or undue influence is to be

sustained.

I n any proceeding or petition, as in the last clause mentioned, the person alleging bribery, or his counsel, may cross-examine his	Petitioner may cross-
cxsmine his own ,
wilnesses.
own witnesses, not being agents of such person, urilcss the Court, without argument by counscl, shall direct the examination of any witness to be conducted in the ordinary manner, which the Court
may c10 if such witness appcars to be hvstile to the other party.
Any of the above acts

79,

430. The comnlission of any one of' the acts hereby declared to bc to disqualify

bribery by any candidate sh i l, on proof thcreof, by the decision of the Court for the tritzl of coml&~ints against thc validity of returns hereinafter mentioned, bc held to rcndcr void the election of the person committing such act, and to disqualify him from sitting and voting in the said Parliament, during the whole period that may intervene botween the clecision of the said Court and the time of the next periodical or g e l l e d election.

81, The acts of all authorised agents of a candidate or Member Principal8 bound by acts of their agents.

shall, in matters connected with elections, be held to be the acts of their principal, provided that it shall be proved to the satisfaction of the above-mentioned Comt that such acts were committed with his

knowledge or consent,

82. Any ycrson who shall wilfully make a false answer to any rllnishment for false answers to questions

of thc questions mentioned in the Eleventh Schedule hereto shall be inEleverltb Schedule.

deemed guilty of a misdemeanor, and on conviction shd1 bc liable. at the discretion of the Court beforc which he is convicted, to be imprisoned, with or without hard labor, for any term not exceeding two years.

Council or House of A ssembly more than once for the election of a election. 83. Any person who shall vote at any election for the Legislative ~~;;?~~c~~~Y

Member. or Members to supply the same vacancy, ancl any person who shall vote in two or more districts for the election of Members to serve in the House of Assembly after any dissolution of Parlia- ment, shall bc guilty of a misdemeanor, and on being convicted shall, in thc discretion of the Coulst, be liable to a penalty not exceeding Fifty Pounds, or to imprisonment not exceeding three calendar months. 84. Every

4 2 O & 430 VICTORIE, NO. 141.

Electoral A c t. 1 8 7 9.

--h - -

PART m. 84, Every perso; who applies for a voting paper in the name of

-

Punishmentfor	some other person, whether living or dead, or of a fictitious person,
Pemonathg voteme	or who in any other manner personates any other person for the purpose of voting a t any such election, shall be guilty of a misde- meanor; and on conviction shall be liable, a t the discretion of the Court before which he is convicted, to be imprisoned, with or without hard labor, for any term not excccding three calendar months.
Penalty on officer8
refusing or neglecting	85, If any Returning Officer for the sai6 province, or any District Returning Officer, after having accepted office as such, shall neglect or refuse to perform any of the duties which by the provisions
duty.

' hereof he is required to perform, every such Returning Off~cer, or

District Returning Officer shall, for evcry such offence, forfeit and pay any sum not less than Ten, nor exceedirg Two Hundred Pounds; and, in like manner, if any substitute, c le~k, or other officer or person appointed or required to perform 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.

tion.

J~imitatiOnof plv~ecu- 86, No person shall be liabie to any pcnalty or forfeiture hereby

enacted or imposed, unless ao~ne prosecution, action, or suit shall be commenced against such person within the space of one year next after such offence against this Act shall be committed, and unless such person shall be summoned, or otherwise served with writ or process within the same space of time, so as such summons or service of writ or process shall not be prevented by such person absconding or withdrawing out ~f the jurisdiction of the Court out of which such writ or other process shall have issued; and in case of any such prosecution, suit or pocess as aforesaid, the same shall bp proceeded with and casried on without any wilful delay.

PART IV.

COURT FOR THE TRIAL OF DISPUTED RETTJRNS. PART IV.

Fornation Court

for trial of complainta 87. For the purpose of forming a Conrt for the trial of any

against the validity of complaints which may be made icgainst the validity of any rcturrk

returns by Retumng Officer. of Members to serve in the Legislative Council or House of kssembly respectively, the Legislative Council, within one week after its first meeting subsequent to each election to supply the place of Members who shall retire by rotation, and the House of Assembly, within

one week after the first meeting subsequent to every general election,

shall elect, each out of its own body respectively, four persoils 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.

Nomination of	88, If	the said Legislative Council or House of Assembiy shall
members of Court to

rupp ly~a~an~ ie~. fail to elect the said four members of the said Court within the said

42' & 43' VICTOKIE, NO. 141. 23

Electoral A c t. 1 8 7 9.

one week, such four members may be nominated a t any tlrnc after- - PART

IV.

wards by the President or Speaker, as the case may be; and if any member shall be incapacitated to attend a meeting of the Court by season of resignation, refusal to act, acceptance of office, death, sick- ness, or any other impediment, to be allowed'by the President of the Legislative Council or Speaker of thc House of Asscrnbly, his place shall bc supplied by a person nominated for that purpose by the Legislative Council or House of Assembly respectively, or in default of such nomination for the period of oxre meek, by the President or Spcaker.

of the said Courts respectively shall be entered by the Clerk of the proof of proper con- of members to be 89. The record of the election or nomination of the said members Record of nomination

Legislative Council or House of Assembly on the proceedings of stitution of Cou*~.

their respective Houses: and proof of such entry having been made shall be s~xficient authority for the proper constitution of such Courts.

90, The said Courts respec t i d y shall not proceed to any business to oourtfl business not to unless proceed

unless con\-enetl by order of the Ilegislative Council or House of couvenedby the

Assembly, nor until each member tllcrcof shall take the following $$;52;9;Zi.or

oath or affirmation, as the case may be, which shall be administered.

by President to each of the &embers, and aftawards by any

member to the President :--

"I: A. B., do swear [or affirm, as thc case n z q be], that I ~ i l l ~ ~ 3; ~ ~ ~ f '; ~ ~ by

duly administer j~~s t i ce in a11 matters which mav be brought Courts.

hefore this Court, and that I will decide in all wsuch matters according to the principles of' good faith and equity, without partiality, favor, or affection, i i ~ l t l according to the best of my understnnding. "L30 HELP ME GOD."

91. The Courts thus constituted shall h a w power to inquire into Powers of Courtr.

all cases which may be brought before each Court by the House by which it shall llave been appointed, respecting disputed returns of Members to scrvc in the said House, rvhctlier 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 concerned

ia any election, or out of any other allegation calculated to affcct

the validity of the return,

92. In the tiial of any complaints as aforesaid, the members of the csurts to be guided

said Courts shall be guided by the real justice and good conscience tice and glrwl con- only by the real jus-

of the case, without regard to legal forms and solemnities, and shall science of each case.

direct themselves by the best evidence that they c m procure, or that is laid before them, whether the same be such evidence as the law would require in other cases or not; and shall have power to compel the at! endance of witnesses and to examine them upon oath; and also to send for and examine papers, records, and other documentary evidence affecting the matter under investigation.

regulate

93. Each of the said Courts shall be an open Court, and shall Court the form of its own

have power to adjourn its sittinga from time to time, as in its , , , n i d , ,

discretion

24 420 $ 430 VICTOKIA2, No. 1 4 1

discretion it may think proper, providcd 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 days, unless by leave of the House by which it shall have been

Decisions to be given appointed; and that if no decision be adopted by a majority within

~ ~ \ ~ ~ ~ $ ~; ; a	five sitting days, or any enlarged period as aforesaid, the Fresident
qpeal.	of the Court shall, on such evidence as may then be before the Court, pronounce a dccision; and that every decision, whether so pro- nounced by the President or by the Court, shall be final and conclusive, without appeal.
Minutes of pro-
ceedings.	94, The said Courts shall be attended by one of the officers of the Legislative Council cir House of Assembly, as tl-lc case may be, who shall makc a minute of all proceedings of the Court in such manner and form as shall from 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 House of Assembly, as the case may be.
Inquiries by Courtto

be restricted to iden- 95. The said Courts shall not have power to inquire into the

tity of voters, and correctness of any electoral roll, or into the qualifications of proposers,

propriety of admission or into the qualifications of persons whose votes may on the day of or rejection of votes. election have been either admitted or rejected, but simply into the

identity of the persons, and whether tlceir votcs were-improperly

admitted or rejected, assilming the roll to be correct.

returns to be by peti- 96, All complaint^ of the urlduc return of Members to serve in	Complaints of undue
tion to the Legislative the said Legislative Council or House of Assembly, shall be

Or =Ouse of

Assembly,	addressed in thc form of a petition to the said Legislative Council and House of Assembly respectively; and no petition shall be noticed, nor any proceedings had thereon, unless it shall have been so pre- sented by a perwn who was a candidate at the elcctioli whereof it may bc d e g ~ d that an undue return has been made, or by a number
said election, amounting to not less than onetenth of the whole of persons who either voted or were qualified to have voted at the
number on the roll of clectol S, the signature of each petitioner being attested by two witnesses whose place of :abode and occupation shall be given, and unless a sum of Fifty Pouizds shall be lodged with the President of the Legislative Council or the Speaker of the House of Assembly, as the case may require, by the petitioner or petitioners as security for costs; and no petition shall bc noticed which shall not be presented within twenty-one days from the day of election, or one week from the meeting of Parliament, which shall last happen: Provided, that in case that the branch of the Legislature to wllich a petition is presented shall have adjourned, and not again met before the expiration of the said periods of seven or twenty-one dqs, then such pctition may be presented not later than the second sitting day after the next meeting of the House.

97, Any

97, Any such petition shall, within ten days after the same shall -- ~ A R T -

-. . ----

have been d d y rcwived, bc rcfcrrcd to the Court abovc-mentioned, Potition to be referred

appointed by the IIonu: to which tlw said pctitioi~ ahall be addressed,

ancl such Coult shall inquirc? whether or not such pc:tition	is duly and
l x o y d y signed.

98. The said Courts respectively may declare that any person was ProcccXngti of Courta

not duly elected who was retmwcl as elected by thc Returning Officer on petitions. if such Court shall dcclare iL1ly person to have lxen duly elected ~vho was not i.eturrlcrl by m y lkturniilg Oficcr, the person so tleclared to be duly elect~cl shall be sworn a inember of the said Legislative Council or TIonw of Assembly, as the case may be, ancl take his scat accordingly; and if such Court shall cleclarc any election to have becn nbsolntcl y void, the President or Speaker, 011 the same being certificcl to 11im b y the Yrcsiilent of thr L'ourt, shall forthwith causc to be issncrl a new writ for tlw holding of another olection for such district.

of any clcctoml district, ancl Illercupon the pcrson SO dcclarccl to

have bccn rmt duly clected shall cease to be a Jlcmber cif the

99, The said Cowts vesp~ctivelg-	may, in w~it ing	uilclel	the Iinnd	costs and e w n s r s on
being awarded bow

of tllc Prc~idellt, n\varcl to thC! party l)~tit i~ll i l lg, or the cailciidhlc recorrered.

against whom the petition sh:all haw bcen prcsenttd, such rcasoilable costs and cxxycnscs ~(lcl l Cotlrt lllity C ~ C C I Y ~ fit; it11d the l'rc~sicicnt or Spcalicr of the Legislative ('ouncil or lionsr of' Assembly, as thr

case may rcqnirc, elli~11, by order mldcr his I~and, clircct the pi~yment

of thc said sum of Fiftj I'onuds, deposited ai cording to the provisions lie~~einbefore contained, or a snfficicnt sum tlierrof, to any party or

parties who, by such award, shall tippcnr to bc c~ititlccl to ~ C C O B C I ~

costs and expenses against thc l~crson, or any of tile persous, by whom such ricposit was irladc; ailcl tlic party entitlcd to any such

.	chosts aid expenses under such award may rccoker thc sa,mo, or so
much therms us shall not be paid ont of t~ny such delwsit, froni the
paxty liable to pay the same; and if the party liable to pay such

costs and expenscs shall not, iq~oii clcmand being madcl within seven c!ays thereafter, pay the same, tllc said Yresidcnt or Speaker shall, by warrant under his hand, directed to the Sheriff of the said province, conlmand the said Sheriff to levy for the amount named ill such warrant, upon the laucls and teneincwta, goods a i d chattels, of the party liable to pay thc sanicl; and, thereupon, the said Sheriff sl-m11 forthwith, in the same rnanner a s in executing a levy under a writ of ficri jkcius, levy for the said a m o ~ ~ n t, and, when it shall bc recover&, pay over the same to the party entitled thcrcto; and any pcrson from whom the amount of such costs a i d cxpenscs shall have been rcceived, or who shall have paid the same on demand thereof, shall bc cntitleil to recover, in any Court of comyctent jurisdiction,

fi-om the other persons, if soch there be, wlio are liable' to pay the

same, or a proprtio~late share thereof, according to the number of persons so liable, and according to thc extent of the liability of each person; and every such wan-ant shall be returned to the said President or Speaker, as the case may be, 100. If

141-D

Electoral Act.-1 87 9.

- -

PART IY. 100, If any person summoned by any such Court shall disobey such

Penalty for disobedi-

summons, or shall refuse or neglect to produce any papers, records,

ence.

or other documentary evidence relating to or affecting the matter under investigation, or shall refuse to submit himself to examination, shall be deemed guilty of contempt, ancl be liable in thc same manner as for a contempt of the Supremt: Court; and any person wilfully or knowingly giving: false evidence before any such Court, shall be deemed 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 rresidmt of the said Court.

PART V.

GENERAL MATTERS.

Where mattera to be

done fall on a holiday. 101, When any matter or thing is hereby dircctcd to be performed on a certain day, and that day shall happcn to be a Sunday, Good Friday, Christmas Day, or other vublic holiday, the said matter or thing may be performed on the next snceccding day, not being any of the days aforesaid.

Summary procedure, 102, Every proceeding under this Act,for omissions, defaults, actt.,

or offences, to which any pecuniary penalty is attached, shall, linless some other mode be prescribed for the recovery thereof, be had and taken and may be heard and determined in u summary way, by any Special iUagistrate or two Justices, under the provisions of an Or-

dinance of the Governor and Legislative Council, S o. 6 of 1850,

L To facilitate the peri'ormance of the duties of Justices of the Peace

out of Session, with respect to sunlrnary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices with respect to surnnlary convictions and orders, and all convictims and orders may be enforced as in the said Ordinance is mentioned.

Appeal to Adelaide 103. There shall be an appeal fr011i any conviction by any Special

Local Court of Full

Jurisdiction.

Magistrate or Justicc for any offence agtainst this Act, or from any order dismissing any information or cornr,la.int, or from any order for payment of money for costs or otherwise; which appeal shall be to the Local Court of Adelaide of Full Jurisdictioll only, and the pro- ceedings on such appeal shall be conducted in manner appoillted by the said Ordinalice, No. G of 1850, for appctbls to Local Courts; but

the Local Court of Adelaide doresaid 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.

Local Court, upon 104. The Local Court of Adelaide, upon the hearing of any appeal,

hearing of appeal,

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

supreme Court, and the supreme Court shall hem an2 decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make order as to costs of any special case as to the said Court shall appear just; and any

two

two or more Justices, or the Local Cburt of Adelaide, shall make a n -

PART Y.

order in rcspcct to the matters referred to the Supreme Court, in conformity with the certificate of the said Suprcmc Court, or of any Judge thereof; which order of the Justices or Lucnl Courts shall be enforced in manner providcd for the cnforccrnent of orders of Justices, uadcr the said Ordinance KO. 6 of 1850; 3nd save as herein provided, no order or proceeding of any Special Ala@trate or Justice, or of any Locd Court, made under the authority of this Act, sllall be appealed against, or sellloved bv cwtiorari, or otherwise into the Supreme Conrt of the said pro\-ince.

105. Onc moiety of ali moneys receivcd for penaltics imposed for Appropriatio~~ of

offences against this Act sha,ll be paid to the inforniant, and the moneys.

othcr moiety to the Treasurer on bghalf of Hcr hlajestv, Hcr 11cirs

arid successors, for the public uses of the said provi6cc, and in

support of the Goverrlrncnt thereof.

106. No aet,ion, suit, or other proceeding shall lw meintainablo ill 2n;;!z:$$;tta or

any Court of the said province against any person who may hnvc cxpcwes ofolection.

becii a cnndidatc at any cluction for or in respect of ally costs or

expenses diatsocver in or about or relating to such olect~on.

111 the m m e and on bchdlf of HCL' Majesty, I llerchp aswnl

to this Bill.

WRI, F. 1)ltUMMONI) JJiZVOIS, Governor.

THE

42? & 43' VICT(3RLEI No. 141. - - -- - -. -- - - -

p- P-

THE SCHEDULE8 REFERRED '1'0.

THE FIRST SCHEDTJ'LE.

Ikomr~ of EZectwnl Rolls.

No. 1. lloll of Electors for t,he Electoral I)ivision of who

clairn to vote at

-

I

Christian and Where propc'rt:

Xo. sll~-nsme Kntuw of j affording

7f euch person q ~ ~ a l i f i c ~ h o n, q11iJi6ration i s

at full length. 1 iitv&vl.

-

Xo. 2. Roll of Klectors Eol the Electoral Uistrict of

cl:& ' o vote at

Christian ant1

surnnmc Profession or Remarks.

of caoh person	occupatio~~.
at full lcnph.

THE

42' & 43' VICTORIA, No. 141.

Sodh L.lrtstt~olicc.--15'lec~u~nZ Uistricd yf'

To

Take notice, tbat you are hereby required to make known to evcry male person, of the age of 21 year3 and upwards, resident in your dwelling-house at the date of the receipt hereof, t h a t they, and each of them, or you on their behalf, are to insert their names in the following Schedules, in order to entitle them or him to vote a t

of Members to wrve i n the Legidative Council or House of Assembly for

the said province respectively; and you arc further required to sign the declaration

at foot. and to csuse this notice, as soon as duly filled up and signed by yourself, to

be delivered to me [residence] before the day of

(Signed) Collector undcr E l ~ c t o r a l Act.

Datcd this day of

--

The unrkrmentioned are thc voting places appointed in this district: -

Chief voting place... .. .. .

Other voting placcs .. .. ..

Christian nud surnmne of ~ a t, l r c of / Wl~vlc thc propc~tp ~olliug-place at

:s(:h 11wson :it full length. c,,,<Llific,ttion. affording the qua1ific:ition which the

is ~ i tua ta. elector will vote

hi,. 2. - 8 c h r t l ~ l e of Persotis cltritnit~g to vote for Member.i of the House of Assemb!,/.

Christian and snrname of 1 Polling-placc at

I'lacc of abode. l'rofcssion or occupation. which the

claimant at full leugth. ,

elector will voto.

I hereby declare that I have called the al.tention of all male persons usually resident in my dwelling-house to this notice, and I believe the above is a true return

of all matters therein stated.

Dated this day of

(Signed) A. B.,

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

THE

THE THIRD SCHEDULE.

Notices of Claim.

SO. 1 .-LEGISLATIVE COUNCTL.

T o the Deputy Retuvning Oflcsvfor the Division o f

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

roll for the Division of , i n virtue of the under-mentioned qualification, and

to vote a t in the said division.

Dated day of in the gear one thousand eight hundred and

(Christian and surname in full)

(Place of abode)

(~ualif ication) *

"(Where situate)

(Division or district in which last regisbercd)

QUALIFICATIONS

eehold. clear value of $50. 2. Itenistcied leasehold of $40, with thr ., ee

years to run or right of purchase.	3. Occupying dwelliog-houee df clear annual
value of $25,

* N.&-State	fully whem puctl ifyi~~gprope~ty	ia yitt4ate--i?a the cozcntry, gioe sectimc; iu towtas, mvrw
of 8tret.t.

No. 2.- .Hous~ OF ASSEMBLY.

To the Returning Ojjficer of the District of

I hereby give you notice, that I claim to have my name inserted in the electoral roll for the District of , arid to vote a t in the said district,

Dated at day of 18

(Ch~istian and aurname in full)

(Place of abode)

(Occnpation)

(IXvision 0;. district in which last rcgiatered)

THE FOURTH SCHEDULE.

Notice 0 1 Ohjsation.

3'0 the Returnia_n O$ker of fatzd to the person nQect6d t o /.

I heretiy give jau notice that I object to the name of of [name and

describe the persrn objected to a s in the electoral d l j, beiug retained on the &, c -

tosal roll of the Electoral District [or Division1 of

Dated this

(Signed) A. b., of s k t e the place of cdodc of' ohjeclor on the electoral

1.oZl.

'I'HE FIFTH SCHEDULX.

E'ZectoraZ Ac t, 1879.

You are hereby required to appear before me a t a t the hour

o f o'clock i n tllc to show cause why your name should not be erased

from the electoral roll for the District Tor Di~is ion] A. B.,

of	having given me not&	that he objects to your name being retained
thereon.

(Signed) C. D., Returning Officer for the District of

*N.R.-In caee you do not attend you will be liable t~ h a ~ e your name erased

without further notice. THE

No.

THE SIXTH SCHEDULE.

LEGISLATIVE COUNCIL.-

No. 1.

I [here insert name, ubotie, and ncczcpation, as rlesmibod i t r roll] have removed from the Division of , and am now a bond j d e r~sidunt in the Division

of, and I request ~ ' o u to rtniore my nnnw from lour roll, and grant to

me n certificate of registration, according to form No. 2 in L''l"he ISlectoral Act,

1879."

Dated this day of , 18 .

[ S i p n t l i r e nnd preaeut nddress.]

To Esq.,

1)cputy Returning Officer for the Di\ision of

No. 2.

1, , Deputy Returning Officer for the Division

of , do hereby certify that has been

registered on the electoral r ~ l l for the Division of , for six months,

and hie name still remains on the said roll.

Dated this day of , 18 .

No. 3.

I. I, , do hereby declare that I am the person named in the

annexed certificate of	, Deputy Returning Officer for the
Division of

2. I have removed from the said Tliviwion of , and am now a

bond Jide resizent ~ T L the Division of

3. I am desirous of being registered on the electoral roll for the Division of

and to vote nt , and request t h e Deputy Returning

Officer to register me as follows :--

I

Christian and surname Where p r a y r t y

Mace of Natule of

No, of each person ill affortlmg quallhcation Remarks.

abode. qnnlilication.

ful l length. is bituntcd.

l	l
l

I l I

QUALIPIChTIOiTS.

l. Frcchold, clem value of E50. 2. Regirtcrcd leasehold of 620, with thrcc years to run or right of purchaac.

3. Octupymg dwelling-r;ouse of clear annual value of 815.

N.B.-Stste fnlly where qualifying property is sitnate-in the country, give srrtion ; in towns, name of street.

THE SEVENTH SCHEDULE.

Cert.$cate entitling elector fo cote at any polling-booth.

Legislative Council,

I Returning Officer for the Electoral Division

of	hereby certify that
of	is entitled to vote at the election to Le held for the

Legislative Council on the day of

at any polling-booth in the province on production of this certificate.

(Signed)

ICeturning Officer for the Division of

THE

4z0 & 43" VICTORIAi, No. 141.

THE EIGHTH SCHEDULE.

No. 1.

I [here insert name, abode, and uccupation, ns described in roll1 have removed from the District of , and am now a hondjdc: resident in the District

a f , and I request you to remove my name from your roll, and grant to me

a certificate of registration, according to form No. 2 in " The Electoral Act, 1879."

Dated this day of , 18 .

[,Signatzwe ancl prewl t address.]

To Nsq..

Returning Officer for the District of

No. 2,

1, , Returning Officer for the District

o f , do hereby certify that has been

registered on the electoral roll for the District of	Eo r
six months, and his name still remains on the said roll.

Dated this day of , 18 .

Yo. 3.

1. I, do h e r ~ b y declare that I am the person named in the

annexed certificate of	Rsturfiirrg Officer for the District
of

2. I have removed from the said District of , and am now a

londjcle resident in the District ~f

3. 1 am desiroua of' being registered on the electoral roli for the District

of and to vote at , and request the Heturning Officer to

register me as follows :-

A

No. Christian and xurnalne of each 1 Proirhsion

person at full Length. 1 Na'"f fibode. or occupation

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42' & 4 3 O VICTORIA?, No. 141.

W .- --- -- -.- . .-- ." ..-p

Electoral A c t. 1 8 7 9,

THE NINTH SCHEDULE.

Fees io be paid to Returniuy Ogicers.

£ S. d.

T o the Returiiing Officers preparing and copying into books the lists to form new elzctoral rolls for lregislative Council and House of Assem'Jly, and certified copies for print in^, for each folio of 1 0 0 6

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

For adding to and corrhcting printed copies of rolls, 2nd 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

objectinn; including travelling expenses and all other services, I	50 0 0
not incIuded in the above, connected with the amendment and preservation of the rolls. To the Returning Officers of Districts (pcrannum) .........,...............,................Q.

Attending Revision Courts .................................... 3 3 0

Clerk ..,.................................... .... ............ l 1 0

T O thc Returning Officer for the province ,per annum) ............ 150 0 0

I n addition to the above, when elections take placc-

Attendir~g on day of nomination ..............................

-4ttending on day of voting ...................................

'l'ravelling on each occasion, in addition to 18. per mile. .............

Attending the scrutiny a11d declaration, per di tm ..................

Hirs ox erection of booths, at per booth, a sum not exceeding (as pcr

voucher) .............................................. 1

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

abole ................................................ 1

Sutvtitutes taking votes.. .................................,....

Voting and scrutir,y clerks.. ....................................

n o o ~ k e e p e r on day of vo t ing. . ..................................

Convepancei of b ~ l l o ~ boxes (as per vouchers) ...................

'1'0 Collectors-an amount to be fixed by the Governor.

THE TENTH SCIEEDU1,E.

We, the undcrsigncd do hereby nominate A.B. of' 9 af

a caudidate to servc in Parliament as a Mernber for the Legislative Council, or, ad

the case may he, of the House of Assembly, for the District of

Ilated the day of 18 .

num me^ and vesidemes of tl6e p r o p e r s. ]

1, A. B., consent to the above nomination, and to act if elected.

A. B.

THE ELEVENTH SCHEDULE.

Questiom to be put lo voler.

Firit-Arc you t h ~ pe:son whose n,lrne appedrs as A. B, in the electoral roll now

in forcc for t h i ~ electoral district [or division, bekg regihtpred therein

for propcrty described to be situated i n ? here s p e c f y the street ov piace

described i n the ~lectornl rol l. ]

Second-Have you already voted a t the prevent election?

Third-Had	you, at the time of being registered, the qualification for which your name now stands i n the electoral roll for the Division of [specqyiny in
each case the particulars of the pziulijiontion us described in the electoral
ro l l ], and arc you still posse~sed of the sarne qualifications? [or, Are you of thc age of twenty-one ye&;;, and do you reside within the
IXstrict of ?l

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Adelaide: By authority, E. SIJILLEH, Acting Government Printer, North-terrace.,