Electoral Act 1895 (WA)

The Electoral tict, 1895.

(59 Vic., No. 31.)

ARRANGEMENT OF SECTIONS.

PREAMBLE. (2.) Objections by Registrar.

Section. (3.) Claimant to appear and prove

1. Short Title. qualification.

Division of Act.

4. Quarterly Rolls-Claims.

20. Quarterly Registration Court.

21. Notice of sitting.

22. Claims to be produced at Court.

PART 1. 23. Oral application.

PRELIMINARY.

24. Names to be entered in separate

Registers for the Province and

2. Repeal. District.

3 Interpretation. 25. Quarterly Electoral List to be com-

piled and exhibited.

26. Objections.

27. Persons objected to must prove their

qualification.

PART U. 28. Quarterly Lists to be settled by Court_

REGISTRATION OF VOTERS. 29. Quarterly Electoral Rolls.

1, Electoral Registrars and Regis- 5. Annual Lists.

tration Courts. 30. ( I.) Rolls to be marked. Dead. Left.

1. Electoral Registrars. Disqualified.

5. Registration Courts. (2.) Notices to be sent to persons pro-

6. Courts-how constituted and P ded posed to be omitted.

Oyer. 31. List of persons proposed to be omitted

;. Majority to decide.

by Electoral Registrar to be pub-

lished.

2. Deaths and Ratepayers' List. 32. Or the statement of whose residence is

to be altered.

8. Registrars to furnish deaths. 33. (r.) Registrar to prepare Electoral

9. List of Ratepayers.	Lists. Lists to be marked by
10. 'Fe be transmitted to Registrar.	Registrar.

(2.) Voter's name to appear only once.

3. Claims. 34. Form of Annual List.

11 Mode of claiming registration. Form 35. Supplementary List.

of claim. 30. Lists obtainable on payment of fee.

12. Mode of filling up claims. For Prov- 37. Lists to be open for inspection.

ince. For District.

1.3. Forms may be provided by Govern- Objections by Electors.

ment Printer. Directions to be

printed. 38. Objections to names on List. Notice

14. Declaration and attestation.	to Registrar. Notice to person
15. Justice to certify.	objected to.

16. Duty of Justices. Penalty.	39 Public notice of objections.
17. Mortgagees and Trustees.

18. Notice to be sent by Electoral Regis- 6. .Revision al Lists.

trar to Returning Officer, and name 40. (1.) Registration Court to be held.

to be erased front roll.

(2.) Adjournment by Registrar.

(3.) By Court.

Objections by Electoral Registrar.

(4.) Governor may ratify proceedings

19. (r.) Claimants may be called on to of Court.

prove their claims. 41. Proceedings thereat.

The Electoral Act, 1895.

42. No person to have his name more than 68. Several polling-booths at the same

once on List. polling-place.

43. Power to summon witnesses.

69. Poll Clerks.

70, (i.) Substitute may be appointed by

Compilation of Rolls. Returning Officer.

Completion of Electoral Lists. (2.) Absence of Returning Officer or

District Roll.	Presiding Officer or substitute
Provincial Roll.	not to invalidate election.

As to both Rolls. 71. Certain directions to voters to be

Form of Roll. placarded on polling-places.

7. Costs. 4. The Polling.

72. Procedure at central polling-place on

45. Costs in certain cases. day of election.

46. Costs may be recovered. 73. Poll to be taken by Presiding Officer.

8. Rolls.

Hours of polling. Who to be

allowed within polling places.

47. (1.) Duration of. Rolls.	74. Procedure in taking the poll.
(2.) (i.) Disqualifications from voting. 48. Old Rolls to continue till new Rolls	75. (i.) Method of voting for persons

living out of the district or

complete. beyond thirty miles of a polling-

49. Returning Officer to give copies of place.

Rolls. (2.) Duty of Returning Officer with

50. Provision against formal objections.

respect to ballot papers received

from such persons.

76. Provision with respect to ballot papers

inadvertently spoilt.

77. Questions to voters.

78. Consequence of answers.

PART III.	79. Declaration against bribery.
80. No other question of declaration

CONDUCT OF ELECTIONS. necessary.

81. Ballot papers to be given to electors.

1. Appointment of Returning Officers and 82. Penalty for not depositing ballot

Duties. papers in ballot box, and for taking

51. Returning Officer. them out of polling-places.

52. Governor may appoint additional 83. How elector may vote.

officers. 84. Procedure at District polling-places at

53. Same person may be Returning Officer close of the poll.

for several Provinces and Districts.

54. Declaration to be made by officers 5. Close of Poll and Return of Writ.

before entering on duties. 85. Procedure at Central polling-place at

55. Form of writs. close of the poll.

56. Writs to be addressed to Returning 86. Names of persons elected to be en-

Officer, etc. dorsed on writ.

57. Places of nomination. 87. Duty of Returning Officer after the

58. Writs, etc., may be telegraphed.	election.
59. Provision in case of interruption of

telegraph. 6. General Provisions.

60. Duty of Returning Officer on receipt 88. Adjournment of nomination or polling

of writ. in ease of riot.

61. Polling-places and District Polling- 89. Keeping order in polling-place.

places. 90 infringement of secrecy.

2. Nomination. 91. Deposit made with Returning Officer

62. Notice to be given and deposit made 111n v itclhur Section 60, how to be dealt

by intending candidates at elec- 63. Candidate may be nominated up to 92. Election not to be questioned.

tion.

93. Errors of form not to vitiate election.

end of appointed time on nomination

day.

64. Notice to be given of candidates for

Legislative Assembly.

65. If no contest, candidate to be declared PART IV.

elected.

66. If contest, notice to be given. OFFENCES AND PENALTIES.

94. (1 .) intrusion into polling places.

3. Preparation for Poll. (2.) Obstructing election.

67. Preparations to be made for taking 95. Penalty on Electoral Registrar for

poll at elections. misfeasance or neglect.

The Electoral Act, 189,5.

00. Penalty for undue influence by public 11l. Commission of any such act by a

officers and others. candidate or his agent to disqualify

97. OA Penalty for neglect by Returning candidate.

Officer, etc.

(3.) Governer may mitigate cis, remit

penalty.

98. Stuffing ballot boxes. PAW? V.

99. Persons wilfully misleading Electoral MISCELLANEOUS.

Registrar, etc., liable to penalty.

100. False answers punishable as mis- 112. Application of 10th Vic., No. 10, to

demeanour. 101.. Penalty for attempting to discover both Houses.

1.13. Summary procedure.

person for whom elector votes: Or 114. On non-payment of penalty, etc., Jus-

disclosing knowledge of such person tice may imprison.

obtained in exercise of Office.

115. Appeal.

110. Application of penalties.

102. Offences in respect of ballot papers 117. Minister may appoint persons to assist

:Ind ballot boxes. Registrar.

103. Definition and punishment of 118. Governor may delegate his powers.

sonation. 119. Fees and postages.

10-1. Punishment of persons acting in con- 120. Remuneration of Returning ;and

travention of Sections 89 and 90. Presiding Officers.

105. What shall be deemed acts of bribery.	121. Remuneration of Registrars.
106% Punishment for .,01/1DHSH OD of acts of	122. Remuneration of Municipal and Roads

bribery. Board Clerks for preparation of

107. Personal solicitation. Ratepayers' lists.

108. Punishment for receiving reward for 123. When things to be done fall on Sm-

voting or withholding vote. days or holidays.

100. Use of committee loon] in house for sale of intoxicating liquor to be illegal hiring.

110. Punishment of illegal hiring. SCHEDULES.

(Jaw totem attar/ilia.

ANN 0 QUINQUAGESIMO NONO

VICTORIA, REGINA,.

*******4014(4****MarniV**0******41.540******a**************

No. XXXI.

AN ACT to consolidate and amend the Law

relating to Parliamentary Elections.

[Assented to, 12th October, 1g9.5.]

Legislative Assembly of Western Australia, in this present Parlia-	BE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and
ment assembled, and by the authority of the same, as follows:—

1. THIS Act may be cited as " The Electoral Act, 1895," and Short title.

is divided into Parts, as follows:—

PART I.—PRELIMINARY, ss. 2 and 3.	Division of Act.
PART IT.—REGISTRATION OF VOTERS:

1. Electoral Registrars and Registration Courts,

ss. 4-7.

2. Deaths and Ratepayers' Lists, ss. 8-10.

3. Claims, ss. 11-19.

(a.) Objections by Registrars.

59° VICTORI2E, No. 31.

The Electoral Act, 1895.

4. Quarterly Rolls—Claims, ss. 20-29.

5. Annual Lists, ss. 30-39.

(a.) Objections by Electors.

6. Revision of Lists, ss. 40-44.

(a.) Compilation of Rolls.

7. Costs, ss. 45 and 46.

8. Rolls, ss. 47-50.

PART III.—CONDUCT OF ELECTIONS:

1. Appointment of Returning Officers and Duties,

ss. 51-61.

2. Nomination, ss. 62-66.

3. Preparation for Poll, ss. 67-71.

4. The Polling, ss. 72-84.

5. Close of Poll and Return of Writs, ss. 85-87.

6. General Provisions, ss. 88-93.

PART 'V.—OFFENCES AND PENALTIES, ss. 94-111.

PART V.—MISCELLANEOUS, ss. 112-123.

PART T.—PRELIMINARY.

(1.) THE enactments described in the first Schedule to this

Repeal.

First Schedule.

Act are hereby repealed, to the extent mentioned in the third column

of that Schedule.

(2.) The repeal effected by this Act shall not affect

(a.) Any appointment made, or any right or liability, civil or criminal, incurred under any enactment so repealed; nor

(b.) The validity of any claim which has been heretofore delivered or sent to an Electoral Registrar by any person.

(c.) Any claim made, or any act commenced to be done under " The Electoral Act, 1893," shall, and may be dealt with and completed respectively under this Act.

(d.) Any Roll made out and completed under "The Electoral Act, 1893," for any Electoral District or Province, shall be the Electoral Roll for that District or Province (as the case may be) until a new Roll has been completed under this Act.

59° VICTORLE, No. 31.

The Electoral Act, 1895.

the context otherwise indicates, have the meanings set against them Interpretation. 3. IN the interpretation of this Act, the following terms, unless

respectively, that is to say :-

" Assembly "—The Legislative Assembly of Western Australia:

" Claim "—A notice by a person claiming to have his name

inserted in an Electoral Roll :

" Council "—The Legislative Council of Western Australia:

" Court "—A Registration Court hereby constituted :

" Election "—The election of a member of the Council or

Assembly:

" Elector "—A person named as such in a roll :

" Electoral District " or " District "—An Electoral District appointed by law to return a member or members to the Assembly :

" Electoral Province " or " Province "—An Electoral Province appointed by law to return a member or members to the Council:

" Electoral Registrar "—The person appointed to perform, in the Province or District, the duties imposed on Electoral Registrars by this Act :

" List "—An umevised list of persons appearing to be entitled

to vote, compiled under the provisions of this Act:

" Local Authority"—The Council of a Municipality, or the

Road Board of a Road District :

" Minister "—The Colonial Secretary or other Minister charged

with the execution of this Act:

" Natural-born Subject " or " British Subject "—A person born

in Her Majesty's Dominions, or whose parents or either

. of them were or was so born:

" Naturalised Subject or " Naturalised "—A person who in

England or Western Australia has been naturalised :

" Poll Clerk "—A person appointed by a Returning Officer or Presiding Officer to assist him in taking the poll at any polling place:

" Presiding Officer "—The Returning Officer or other person

appointed by him to preside and take the poll at any

polling place, or the substitute duly appointed of either :

" Returning

59° VICTORI}E, No. 31.

The Electoral Act, 1895.

" Returning Officer "—The Returning Officer or Deputy Returning Officer appointed for the Electoral Province or Electoral District by the Governor:

" Roll "—The Electoral Roll of electors entitled to vote at the election of a member of the Council or Assembly for the Province or District in question, as the case may be:

" Scrutineer "—The person appointed by a candidate to act as scrutineer on his behalf at any polling place during the election at which he is a candidate:

" Special Magistrate "—Any Justice of the Peace appointed by the Governor to perform the duties and exercise the powers of a Registration Court.

PART II.—REGISTRATION OF VOTERS.

1. Electoral Registrars and Registration Courts.

4. (i.) FOR each Electoral District there shall be an Electoral Registrar, and the Electoral Registrar for a District shall also be an Electoral Registrar for the Province within which the District is comprised.

Electoral Registrars.

(2.) Such Registrars shall from time to time be appointed,

and may be removed by the Governor.

(3.) All matters and things hereafter prescribed to be done

by or in reference to an Electoral Registrar shall, in the case of an Electoral District, be done by or in reference to him as Electoral

Registrar for the District. and in case of au Electoral Province shall

be done by or in reference to him as Electoral Registrar for the

Province in respect of the District included in such Province.

5. OD THERE shall be a Registration Court in each Electoral

Registration Courts. District, to be holden at the Magistrates' Court House within the District, and if there be two or more such Court Houses: or if there be no such Court House in the District, then the Court House which is nearest to the office of the Electoral Registrar shall be the place at which the Court shall be held, or such other place as shall be appointed by the Governor.

(2.) The Governor may from time to time appoint any

Justice of the Peace to be a Special Magistrate of any Registration Court or Courts, or any two or more persons to perform the duties and exercise the powers of any such Court. Any such appointment may at any time be cancelled by the Governor.

59° VICTORIX, No. 31.

The Electoral Act, 1895.

6. (t.) THE Registration Court shall be constituted as follows :— (a.) The Special Magistrate ; or	Courts—how consti-
tuted Over and presided

.

(b.) Any Police or Resident Magistrate ; or

(c.) Any two or more Justices of the Peace resident in the

Electoral District ; or

(d.) Any two or more persons appointed by the Governor in Council to perform the duties and exercise the powers of the Court ; or

(e.) All or any two or more of the above-mentioned Magistrates,

Justices, or persons.

(2.) The Special Magistrate, if present, or if he is not present a Police or Resident Magistrate, if present, shall be Chairman of the Court. If no such officer is present the other qualified persons present shall, from time to time, elect one of their number to be Chairman.

(3.) No candidate -for election, or member of the Legislative Council or Legislative Assembly, shall take any part in the proceed- ings at any Court under a penalty of Twenty pounds, to be recovered in a summary way before two Justices of the Peace.

7. THE decision of the majority of the members of the Registra- Majority to decide.

Lion Court shall be the decision of the Court, and in estimating the majority the Chairman shall have a vote, and when the numbers are equal, a casting vote.

2. Deaths and Ratepayers' List.

8. EVERY Registrar or District Registrar of births, deaths, and marriages, shall, during the month of February in every year, furnish deaths.	Registrars to furnish
to the Electoral Registrars of every Electoral District any part whereof is comprised in the registry district for which lie is such Registrar, or District Registrar of births, deaths, and marriages, a correct list of all deaths of adult males of twenty-one years and upwards, which have been registered by him during the twelve months then last past.

9. THE clerk or secretary of every local authority in Western List of Ratepayers.

Australia shall, during the month of December in every year, make out, separately for every Electoral District or portion of a district comprised within the jurisdiction of such local authority, a. list to be called " The List of Ratepayers," containing- in alphabetical order of surnames the name of every male person whose name appears in the Electoral or Voters' Lists of such local authority in respect of property situate within any Electoral District or portion of a district

59" VICTORIIE, No. 31.

The Electoral Act, 1895.

as aforesaid. Such lists shall be in the following form, and shall

contain the information required by such form:—

LIST OF RATEPAYERS

OF THE [MUNICIPALITY OR ROADS BOARD DISTRICT] OF

FOR THE ELECTORAL DISTRICT OF

Annual

Description Portion, Sub- p +

e Christian Trade or Place of

..?. Surname. and Situation division, or as '—a;Ljle'.

g Name. Occupation. Residence, of the Land. the case may be.

Z 0 value.

1   Shop, Hay Portion Town

St., Perth. Lot F 1.

Farm, Murray Loca-

Harvey	tion
River

To the Electoral Registrar for the District of

I certify the above to be a correct List of Ratepayers taken from the Electoral or Voters' List of the	for the purposes of
"The Electoral Act, 1895."

Dated this day of , 189 .

(Signed) LB.,

Clerk or Secretary of the

IT shall be the duty of such clerk or secretary as aforesaid, transmit the said list, for the Electoral District or portion thereof as aforesaid. certified by him under his hand, to the Electoral Registrar or Registrars of the Electoral District or Districts within the bound- aries of which the Municipality or Roads Board District (as the case may be) of such local authority or any part thereof is situate.

10.

Registrar. To by transmitted to on or before the thirty-first day of December in every year, to

3. Claims.

A PERSON claiming to be entitled to be registered as a voter for an Electoral District, or for an Electoral Province in respect of any qualification to vote for such province situate or arising in such District, may deliver his claim, or send it by post to the Electoral Registrar for such District.

Mode of claiming 11.

registration.

The claim must be in the following form or to the like effect, and must set forth, in the form of answers to the questions contained in it, sufficient facts to show that the claimant is entitled to be registered.

F

term of °h. am

59° ITICTORIiE, No. 31.

The Electoral Act, 1895.

Tun ELECTORAL ACT, 1895.

CLAIM.

To the Electoral Registrar of the Electoral District of

I claim to have my name inserted in the Electoral Roll for the Electoral [" Province " or "District," as the case may he] of ; my name and qualification being as appears by the answers to the following questions :--

1. What is your Christian name and surname?

2. What is your age ?

3. What is your occupation ?

4. What is your place of abode ?

5. What are the particulars of your qualification ?

6. Are you by birth a British subject ?

7. If you are not by birth a British subject, how long have you been and

where were you naturalised ?

8. How long have you resided in Western Australia ?

9. Are you registered in respect of the qualification of residence as an

elector for any other Electoral District ?

to. If so, for what district or districts ?

I. Are you hi receipt of relief from the Government or from any charitable

institution ?

And I do solemnly and sincerely declare that the foregoing answers to the above questions are true.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of au Ordinance made and passed in the eighteenth year of the reign of Her Present Majesty, No. 12, intituled "An Ordinance for the abolition of unnecessary Oaths and to substitute Declarations in lieu thereof."

(Signed) A. B.

Signed and declared before me this day of 18 .

J.P. (or as the case may be).

12. THE claimant must, in answer to the question, " What is

your place of abode," give such a description of the locality of his Mode of	Claims.	up
place of abode as will enable it to be easily and clearly identified.
The claimant must, in answer to the question, " What arc the particulars of your qualification." give a description of the par- ticulars of his qualification in such one of the forms hereunder mentioned as is applicable, or to the like effect, that is to say:
If the claimant claims to have his name inserted in the Electoral
Roll for a Province:—	For Province.

(a.) Ownership for the last preceding twelve Months of a freehold estate in possession at im[givi the situation and number of the portion, location, or allotment (ifany), or otherwise describing the locality so as to identify it] of the clear value of not less than One hundred pounds above all encumbrances.

(b.) Householder at [describing situation as above directed] for the last preceding twelve months, the dwelling house being of the clear annual value of Twenty-five pounds.

59° VICTORTIE, No. 31.

The Electoral Act, 1895.

(c.) Holder of a leasehold at [describing situation as above directed] of the

clear annual value of Twenty-five pounds, the lease of which has

eighteen mouths to run.

(d.) Holder for the last preceding eighteen months of a leasehold at [describing situation as above directed] of the clear annual value of Twenty-five pounds.

(e.)	Holder for the last preceding twelve months of a lease or license of
Crown Lands at the annual rental of not less than Ten pounds.

For District.

If the claimant claims to have his name inserted in the Electoral

Roll for a District:—

Residence for the last preceding six months at [describing situation as

(.f•)	above directed] ;
(g.)	Ownership for the last preceding six months of a freehold estate in
possession at [describing situation as above directed] of the clear value
of not less than Fifty pounds above all encumbrances ;

(h.) Householder at [describing situation as above directed] for the last preceding six months, the premises occupied being of the clear annual value of Ten pounds ;

Holder of a leasehold at [describing situation as above directed] of the clear annual value of Ten pounds, the lease of which has eighteen months to run ;

Holder for the last preceding eighteen months of a leasehold at [describing situation as above directed] of the clear annual value of Ten pounds ;

(k.) Holder for the last preceding six months of a lease . or license of Crown lauds at [describing situation as above directed] at the annual rental of not less than Five pounds.

The situation of the property, if any, in respect of which registration is claimed must be specified in such a manner as to enable it to be easily and clearly identified.

Forms may be 13. FORMS of claims may be provided by the Government

provided by Gov-	Printer, with the sanction of the Minister.
ernment Printer.

Directions to Every claim so provided shall have printed at the foot or on

be printed.	the back a note in the following form, or to the like effect, that is to
say :-

Directions to be observed in answering the Questions and filling up the Claim.

(1.) NamecThe claimant's Christian and surnames must be written in

full.

(2.) Place of Abode.--The claimant must give such a description of his

place of abode as will enable it to be easily and clearly identified.

(3.)	Particulars of Qualification.—The answer to this question must set
out a description of the claimant's qualification in such one of the
following forms as is applicable, or to the like effect :—

For a Province.

The form shall here set out the paragraphs (a), (b), (c), (d), and (e)

of the last preceding section.

For a District.

The form shall here set out the paragraphs (f), (g), (h), (i), (j),

and (72) of the last preceding section.

59° VICTOMIE, No. 31.

The Electoral Act, 1895.

(4.) A person claiming in respect of joint ownership or occupation must, in answer to question (5), state the share held by him and the value thereof and the name and address of every other owner.

(5.) The situation of the property, if any, in respect of which registration is claimed must be specified in such a manner as to enable it to be easily and clearly identified.

(6.) If the registration is not claimed in respect of residence, the ninth and tenth questions need not be answered.

(v.) The claim must be signed by the claimant with his own hand, in the presence of and be declared before and attested by a Justice of the Peace or an Electoral Registrar, or the head male teacher of a Govern- ment School, or an Inspector, Sub-Inspector, or Sergeant of Police, or the Officer in charge of any Police Station, or a Postmaster.

(8.) No person is entitled to be registered as a voter unless he has resided in Western Australia for twelve months.

14.

THE claim must be signed by the claimant with his own hand, in the presence of, and be declared before, and attested by, any Declaration and

attestation.

one of the following persons, namely :—A Justice of the Peace, a Notary Public, a. Warden or Registrar of any Goldfield, a. Mining Registrar, a Licensed Surveyor, a Clerk of Petty Sessions, an Electoral Registrar, the Head Male Teacher of a Government School, an Inspector, Sub-Inspector, or Sergeant of Police, or Officer in charge of any Police Station, or a Postmaster, each of whom is hereby authorised to take such declaration.

15.

THE Justice or other person attesting the claim shall, if he is not personally acquainted with the facts, satisfy himself by inquiry Justice	ce to certify.
from the claimant or otherwise that the answers to the questions ate true, and shall sign at the foot of the claim a certificate in the following form, or to the like effect, that is to say:—

I , J.P. [or as the case may be] hereby certify

that the above-named A.B. has satisfied me, after full

inquiry, that he possesses the qualification above stated.

ANY Justice or other person who signs any such certificate,

without personal knowledge or full inquiry from the claimant or Duty of Justices.

otherwise, shall be liable on summary conviction to a penalty not

exceeding Fifty pounds, and on such conviction shall be incapable of Penalty.

being or acting as a Justice, or of being registered as an elector or

voting at any Parliamentary election for the period of two years from

the date of the conviction.

16.

NO mortgagee of any lands or tenements shall be qualified

to be registered as a voter in respect of any mortgage estate unless Trustees.

he shall be in actual possession or in receipt of the rents and profits

Mortgagees and

17.

590 VICTORIIE, No. 31.

The Electoral Act, 1895.

thereof ; but the mortgagor in actual possession or in receipt of the rents and profits thereof shall be qualified to be registered in respect of the same, notwithstanding such mortgage. No trustee of any lands or tenements shall in any case be qualified to .be registered as a voter in respect of any trust estate ; but the cestui que trust in actual possession or in receipt of the rents and profits thereof, though he may receive the same through the hands of the trustee, shall be qualified to be so registered notwithstanding such trust.

IF it appears from the claim that the claimant is registered

Notice to be sent by 18.

Electoral Registrar	in respect of the qualification of residence for some other Electoral
to Returning Officer	District or Districts, the Electoral Registrar shall forthwith send
and name to be
erased from roll.	notice of the claim to the Electoral Registrar or Registrars and Returning Officer or Officers of the District or Districts for which the claimant is so registered, and such last rationed Registrar or Registrars and Returning Officer or Officers shall forthwith erase the name of the claimant from the roll or rolls of such District or Districts, and such Registrar or Registrars shall send him notice that his name has been so erased.

Objections by Electoral Registrar.

Claimants may be 19. ( .) IT shall be the duty of the Electoral Registrar to make

called on to prove	full and careful inquiries with respect to the qualifications of all
their claims.	persons who claim to have their names inserted in an Electoral
Roll.
(2.) If the Electoral Registrar, upon inquiry, has reason to he shall send him a notice requiring him to attend and prove his qualification at the Quarterly Registration Court before which the claim will come for consideration, or at the next following Registration Court, and informing him that if he fails so to attend, either in person or by agent, and to prove his qualification, the claim may be rejected.
Objections by

Registrar, believe that any claimant is not qualified to be registered as an elector,

Claimant to appear(3.) At the Court at which the claimant is so required to and prove qualifica, attend, he must appear either in person or by agent, and must prove his Lion. qualification orally by the oath of himself or some witness competent

to depose to the facts from his own knowledge. And if he fails so to appear and prove his qualification the claim shall be rejected.

4. Quarterly Rolls—Claims.

Quarterly 20. (I.) AT ten o'clock in the forenoon on the first Tuesday ill

Registration Court. the months of July, October, January, and April respectively in every year, the Registration Court in each District shall sit for the

590 VICTORI}E, No. 31.

The Electoral Act, 1895.

purpose of adjudicating upon claims to registration on the Electoral List of the District and the Electoral List of the Province, and every such Court shall be called a " Quarterly Registration Court."

(2.) If within two hours after the time appointed for the sitting of the Court, or after the time to which the Court is adjourned as hereinafter mentioned, the Court shall not be duly constituted, the Electoral Registrar shall from time to time adjourn the Court to a future day. Provided that the April sittings of the Court shall not be adjourned to any time later than the tenth clay of that month.

21. TEN days' notice of the sitting of every Quarterly Regis- b Notice of sitting.

tration Court shall be given by the Electoral Registrar of the District by advertisement in some newspaper usually circulating in the District.

22. (1 .) THE Electoral Registrar shall produce every claim Chums to be

at the next following sitting of the Quarterly Registration Court. produced at Court.

(2.) The declaration contained in any claim shall be taken as

facie evidence of the qualification claimed.

(3.) When any claim is rejected by the Court the Chairman shall endorse on it the cause of rejection, and the Electoral Registrar shall forthwith transmit, by post or otherwise, to the person making the claim a notice specifying the cause of rejection.

23. (1.) ANY person entitled to have his name inserted in an electoral list may appear personally before a Quarterly Registration Court, and there make his claim and prove his qualification orally before the Court. Oral application

(2.) Such person must answer the same questions as are hereinbefore prescribed to be answered by claimants who make Section

18.

written claims, and the same consequences shall ensue as are

provided by Section eighteen of this Act.

24. THE name of every person whose claim shows to the

satisfaction of the Court that he is qualified to be registered as an ?s1 ILMCS to bele enteredzeittet

elector for the Province or District, or who proves his qualification ifloirsetrent'rOvintre.Z.

orally before the Court, shall be then and there entered and District.

registered in the form following in a book to be kept by the

Electoral Registrar ill respect of electors for the Province, or in

a similar book to be kept by him in respect of electors for the

District [as the case may require].

59° VICTORIX, No. 31.

The Electoral Act, 1895.

ELECTORAL REGISTER BOOK FOR THE	ELECTORAL PROVINCE
[OR DISTRICT].

List of names of persons who have claimed to be registered as electors

this day of 18 .

Situation of Property

Christian name and Surname.	Residence.	Qualification.	in respect of which
qualification arises.

And every name so entered shall be initialled by the Chairman of the Court.

(I). AFTER the holding of every Registration Court the called the " Quarterly Electoral List," of all the names registered at such Court as voters for the Province, and a similar list in respect of the District, in a form similar to that of the Register Book, and shall, not later than fourteen days after the sitting of the Court, in the months of July, October, and January respectively, cause a copy of each such list to be exposed to public view at his office and at such post office or other place or places as the Minister may direct, and each such list shall remain so exposed until the holding of the next subsequent Registration Court.

Quarterly Electoral 25.

List to be compiled	Electoral Registrar shall forthwith make out a correct list, to be
and exhibited.
(2.) Any person may peruse at all reasonable hours, except on Sundays, Christmas Day, and Good Friday, and every Bank holiday, any claim sent in by any person whose name appears in any such Quarterly List.
OBJECTIONS may be made against any person whose name is inserted in a Quarterly List. Every such objection must be sent to the Electoral Registrar, and to the person objected to, at his address, as inserted in such list, fourteen clays before the sitting of the next subsequent Court, and may be made by the same persons, and in the same form, and subject to the same conditions as hereinafter prescribed with respect to objections against persons whose names are inserted in the Annual Lists.

Objections.	26.
27.

WHEN an objection is duly made against the retention of Annual, the person objected to must appear either in person or by agent at the Registration Court At which the list is revised, and must prove his qualification orally by the oath of himself or some witness competent to depose to the facts from his own know-

Persons objected to

must prove their	the name of any person in an Electoral List, whether Quarterly or
qualification.

59° VICTORLE, No. 31.

The Electoral Act, 1895.

ledge ; and if he fails so to appear and prove his qualification, the

objection may be allowed, and his name expunged from the list

28. THE Registration Courts held in the months of October,

January, and April respectively shall revise the lists of names Quarterly Lists to be	settled by Court,
registered at the last preceding Registration Court, and in so doing shall be governed by the provisions hereinafter contained with respect to the annual Court, so far as the same are applicable.
Provided that no person whose name appears on any Electoral Roll already in force in a Province or District shall be retained as an elector in any revised Quarterly List for the same Province or District.

29. (1.) THE Chairman of the Court shall forthwith deliver Quarterly Electoral

the Quarterly List for the District so revised to the Electoral	Rolls.
Registrar for the District, and the Quarterly List for the Province so revised to the Returning Officer of the Province.

(2.) The Electoral Registrar shall, without delay, cause to

be made out from the list so received by him in alphabetical order a roll of the electors for the District, whose names appear on such list in the form heretofore prescribed with respect to the Annual Roll for the District, and shall forward such roll to the Returning Officer of the District, who shall sign the same. Such roll shall be called a " Quarterly Electoral Roll " for the District.

(3.) The Returning Officer shall examine the several

Quarterly Lists of the Electors for the whole Province received by him, or so many as he has received, and ascertain what names are entered more than once in such lists. Having made such examination, he shall expunge from such lists any name entered a second time, and, then without delay compile in alphabetical order a roll of the electors for the Province whose names appear on such list in the form heretofore prescribed with respect to the Annual Roll for the Province, and shall sign the same. Such roll shall be called a Quarterly Electoral Roll for the Province.

(4.) The numbering of the names in regular arithmetical order, as hereinbefore prescribed, shall be continued throughout the Quarterly Electoral Rolls, so that the number set against the first name appearing upon any Quarterly Roll shall be the number immediately succeeding that which is set against the last name appearing on the Annual Roll or last preceding Quarterly Roll, as the case may be.

(5.) A sufficient number of copies of such rolls shall be printed or written, and if a roll is printed by other than the Govern- ment Printer twenty copies thereof shall be forthwith sent to the Minister.

59° VICTORLE, No. 31.

The Electoral Act, 1895.

5. Annual Lists.

(I.) BETWEEN the first and last days of February in each year every Electoral Registrar shall examine the Electoral Rolls then in force for the Province and District respectively, and also the Quarterly Electoral Lists for January then last past, and after inquiry of the residents in the District, and the inspection of the lists of ratepayers of any local authority furnished as aforesaid, lists of lessees and licensees of Crown lands, and any other documents

30.

Rolls to be marked.

Dead.	accessible to him, shall place the word " dead " against the name of every person named in any such roll or Quarterly List whom he
Left.	has reason to believe to be dead, the word "left " against the name of every person whose qualification is residence whom he has
Disqualified.	reason to believe has left the District, and the word " disqualified " against the name of every person whom he has reason to believe has no qualification or to be disqualified.

Notices to be sent ( 2 .) He shall thereupon forthwith send by post a notice

to persons proposed	addressed to every such person at his usual or last known place of
to be omitted.	abode, informing him that it is intended to omit his name from the Electoral Roll or Rolls unless his qualification is proved on oath or otherwise made to appear to the satisfaction of the Registration Court for revising the annual lists to be still subsisting.

List of persons 31. THE Electoral Registrar shall also make out a correct

proposed to be list of the names of all persons against whom he so places the word

omitted by Electoral " dead," " left," or " disqualified," showing the word so placed

Registrar to be

published.	against each name, and shall expose a copy of such list to public view at his office, and at such post office or other place or places as the Minister may direct, and such list shall remain so exposed until the holding of the Registration Court for revising the annual lists.
There shall be prefixed to such list a notice in the following form, or to the like effect:—

NoncE.—The name of any person included in this list, whose qualification is not proved on oath or otherwise made to appear to the satisfaction of the Registration Court for revising the animal lists to be held at [the Court House or other place] at

on the day of next

at o'clock in the forenoon, to be still subsisting, will be omitted from the Electoral Roll.

32.      WHEN the Electoral Registrar has reason to believe that

Or the statement of any person named in a roll, whose qualification is residence, has

whose residence is to

be altered. changed his residence, but has not left the Electoral District, he shall write against the name of such person the words " changed resi- dence," and in such case he shall send by post to such person, at his usual or last known place of abode, a notice informing him that the

59" VICTORIIE, No. 31.

The Electoral Act, 1895.

statement of his place of residence is intended to be altered in the roll, and in case the Electoral Registrar has reason to believe that such person has gone to reside in another district, he shall forthwith report the fact to the Electoral Registrar of that district.

(1.) THE Electoral Registrar of every Electoral District shall, on or before the last day of February in every year, from the Registrar to prepare Electoral Lists.

33.

Rolls and Quarterly Electoral Lists for January, so marked and the notices received from other Electoral Registrars and from the lists of Ratepayers received from the Local Authorities and including every name thereon, make out a list of all persons appearing to be qualified in the Electoral District to vote for a member to serve in the Legislative Council, awl another list of all persons appearing to be qualified in the said District to vote for a member to serve in the Lists to be marked

Legislative Assembly, but with the word " dead," the word " left,"

by Registrar.

the word " disqualified," as the case may require, against every name of a person who is believed to be dead, or to have left the district, or to have no qualification, or to be disqualified, and the words " changed residence from this District," or " changed residence within this District," as the case may be, against the name of every person who is believed, or reported as aforesaid, to have so changed his residence.

(2.) No person's name shall appear more than once on either Voter's name to

of the said lists to be made out by the Electoral Registrar as aforesaid. appear only once.

34.      SUCH lists shall be alphabetical, and shall be in the

following form :—

LEGISLATIVE [COUNCIL Or ASSEMBLY].

ANNUAL ELECTORAL LIST.

List of persons appearing to be qualified to Vote at the Election of Members of the Legislative [Council or Assembly] for the Electoral District of Form of Annual List.

Dated this day of 18 A.B.,

Electoral Registrar.

Surname and Age,

No. if Place of Abode. Occupation. Particulars of Qualification.

Christian Name, known. I

1 Adam, James	21	Hay St. W.,	Boob:miler ! £10, Householder
I Perth

2 Barker, John 32 FM-array St., Gunsmith Voter for Municipality

Perth of Perth

3 Cameron, Alex- 45 Blackboy Hill, Farmer . Voter for Perth Road

ander Wanneroo Board

4 Drew, David ... 50 East Perth ... Labourer Residence 5 Eagle, Joseph ... 35 Collie River .., Farmer... Freehold

6 Ferguson, John 25 Guildford Road Farmer... Leasehold

7 Garfield, Thomas 36 Mulga Grazier... Crown Lessee (or

Licensee)

And such lists steal be the Annual Electoral Lists for such District.

59" ITICTORUE, No. 31.

The Electoral Act, 1895.

THE Quarterly Electoral Lists compiled in the month of April in each year as hereinbefore provided shall be the Supple- mentary Annual Electoral Lists for the District.

Supplementary list. 35.

THE Electoral Registrar shall forthwith cause copies to be printed or fairly written of such lists, and shall deliver a copy to any person requiring the same on payment of a fee calculated at sixpence for every hundred names on a printed copy, and at threepence per folio of seventy-two words for every written copy.

Lists obtainable on 36.

payment of fee.

Lists to be open for37. THE Electoral Registrar shall, not later than the first day

inspection. of March in every year, in the case of the Annual Lists, and not

later than the tenth day of April in the case of the Supplementary Lists, expose for public inspection a copy of every such list at his office, and at such other place or places as the Minister may direct, and the Annual Lists shall remain so exposed for a period of not less than thirty days, and the Supplementary List for a period of not less than fifteen days.

Objections by Electors.

Objections to names 38. ANY person named in any Electoral Roll for the time

on List. being in force in any Province or District objecting to any other person as not entitled to have his name retained on any Electoral List for such District, may, on or before the first day of April in every year in the case of the Annual Lists, and on or before the twenty-fifth day of April in the case of the Supplementary Lists, give or transmit by post to the Electoral Registrar a notice in writing according to the following form :-

To the Electoral Registrar for the District of

Notice to Registrar. I hereby give you notice that I object to the name of C.D. being retained on the Legislative [Council or Assembly] Electoral List for the Electoral District of , on the following grounds, viz. :—

Dated

(Signed) A.B.

Such notice shall be accompanied by the sum of two shillings sterling for each objection, which sum shall be returned or otherwise dealt with as hereinafter provided.

The objector shall also, within the time limited as above, give or transmit by post to the person objected to, at his address as inserted in the list, a notice in writing according to the following form :—

To C.D.

I hereby give you notice that I object to your name being retained

Notice to person	on the Legislative [Council or Assembly] Electoral List for the Electoral
objected to.	District of , on the following grounds, viz.:
and that you are required to appear either in person or by agent at the
Revision Court to be held at , on

59" VICTORIZE, No. 31.

The Electoral Act, 1895.

and prove your qualification orally by the oath of yourself or some other competent witness, and if you fail to do so your name may be expunged from the Electoral List.

Dated the day of 18 .

(Signed) A.B.

39. (1 .) THE Electoral Registrar shall include the names of Public notice of

all persons in the above-mentioned Annual Lists who are so objected objections.

to in a paper or papers, according to the following form :--

LEGISLATIVE [COUNCIL of ASSEMBLY].

OBJECTIONS.

The following persons have been objected to as not being entitled to have

their names retained on the Legislative [Council or Assembly] Electoral List for

the Electoral District of

Dated the day of 18 .

A.B.,

Electoral Registrar.

Christian Name and Situation of Property in respect

Recidence. Qualification.

Surname. of which Qualification atheq.

(2.) He shall cause a copy of such paper or papers to be kept affixed on the outer door of his office, and at such other place or places as the Minister may direct, during fourteen clays at the least, beginning on the fifteenth day of April then instant, and shall, on the thirtieth day of April, add thereto the name of every person on the Supplementary List who is so objected to, and such paper shall remain exposed to public view until the day appointed for holding the Registration Court, as hereinafter provided.

(3.) He shall also keep a copy of every such paper, and allow it to be perused and. copied by any person without payment of any fee at all reasonable hours every day (except on Sundays, Good Friday, Christmas Day, and every Bank Holiday) while the paper remains so exposed to public view.

6. Revision of Lists.

Lists shall be held in every year for every Electoral District at ten to be held. 40. (1.) A REGISTRATION Court for revising the Annual Registration Court

o'clock in the forenoon on the third Tuesday in the month of May. (2.) If within two hours after the time appointed for holding A I l• t by

the Court, or after the time to which the Court is adjourned as herein- ti (0g	) isliti.a
after mentioned, the Court shall not be duly constituted, the Electoral

59° VICTORTIE, No. 31.

The Electoral Act, 1895.

Registrar may from time to time adjourn the Court to a future day. He shall forthwith give public notice of every such adjournment by advertising the same in the nearest newspaper, or otherwise

(3.) The Court may adjourn from time to time, and an ad-

shall be deemed to be duly held at the time appointed for holding

the same.

By Court.	journed Court, whether adjourned by the Registrar or the Court
itself, if held at any time within one month after the time appointed,

(4.) Provided that if the Court is not held at the time ap-

Governor may ratify	pointed, the Governor may approve of and ratify the proceedings of
Court.	the Court, if it is held at any time within one month after the time so appointed, and the lists revised by a Court so held shall be deemed to be as valid as if the Court had been held at the appointed time.

proceedings of

41. THE Electoral Registrar, or if he is unavoidably absent

Proceedings thereat then some person appointed by him for the purpose, or acting in his behalf, shall at the opening of the Court produce all the lists compiled by him, together with the rolls marked as hereinbefore provided, and also a copy of the papers containing the names of persons objected to as aforesaid, and the lists of ratepayers so transmitted to him as aforesaid, and all communications received from persons to whom notices have been sent by him, as hereinbefore prescribed, and the Court shall proceed to settle and revise such lists, and in so doing shall be guided by this Act, and the following directions and provisions:—

(I.) The Court shall inquire into every case in which the

Electoral Registrar has placed against the name of any

person the word " dead," "left," or " disqualified," and the Chairman shall expunge from the list or lists the name of every such person whose qualification is not proved on oath to the satisfaction of the Court to be still subsisting, unless the Court is otherwise satisfied as to the qualification.

The Court shall also inquire into and adjudicate upon all objections duly made under this Act ; and if any such objection is substantial and proved to their satisfaction, or if the person objected to does not appear in person or by agent, and prove his qualification orally by the oath of himself or some witness competent to depose to the facts from his own knowledge, the Court unless it is otherwise satisfied as to the qualification, shall expunge from the list or lists the name of the person objected to.

( 3 .) The Court may and shall correct any mistake or supply

any omission which appears to have been made in the

59" VICTORIA, No. 31.

The Electoral Act, 1895.

lists in respect of the Christian name or surname, or address or abode of any person included therein, or the nature or local description of his qualification.

(4.) The Court may enter on the list or lists the name of any person who has duly transmitted to the Electoral Registrar a claim in the form or to the effect prescribed by tins Act, if the name of such person has been omitted by the Registrar, and if the Court is satisfied that such person was at the time he made his claim entitled to have Ins name inserted on such list or lists.

(5.) The Court may call for and inspect any claim made by any person whose name appears on any list, and if from such claim it appears that the person claiming was not at the time he made his claim entitled to have his name inserted on such list or lists the Court may expunge Ins name therefrom, although no objection has been made to such claim.

(6.) No person's name shall be inserted by the Court in any list or lists, nor shall any name be expunged there- from, except as hereinbefore provided.

(v.) The Chairman shall, in open Court, write his initials against every name struck out or inserted, and against any part of any list in which any mistake is corrected, and shall sign Ins name to every page of the lists so revised, and no alteration in a list shall be valid unless so initialled.

(8.) When a person whose name appears on a list or roll has ceased to hold the qualification stated in the list or roll, but has another qualification entitling him to have Ins name entered on the list or roll, he may attend at the Court and prove such other qualification, or make and send to the Electoral Registrar a claim in the form hereinbefore prescribed for making claims, and every such claim shall be produced to the Court. The Court shall correct the statement of the qualification of any such elector accordingly.

42. NO person shall be entitled to have his name entered more

than once upon any Electoral List or lists for the same Electoral ifs nParmmore i	District or Electoral Province, notwithstanding that he may be once on list.	tti av
possessed of more than one qualification within the district or pro- vince ; and whenever it appears to the Court that any person is named more than once in an Electoral List for the same district or province he may state under which qualification he desires to remain

59° VICTORLE, No. 31.

The _Electoral Act, 1895.

on the list, but if he fails to state his preference, then the Court shall retain that entry of his name which on a comparison of the rolls for the District or Province appears to have been last made.

43.       THE Court shall have the same powers as any two Justices

Power to summon in Petty Sessions to summon and examine witnesses, and to compel

witnesses. the production of any books or documents relating to any matter

necessary for orevisin any list, in the same manner and by like pro- cess as any Justice by any law now or hereafter to be in force is or shall be authorised or empowered to do in cases of summary con- victions or orders. And every person to whom any summons is so issued shall be entitled and subject to the same rights and liabilities in all respects as if the summons had been issued on behalf of a prosecutor, complainant, or defendant in a case of summary con- viction.

Compilation of Rolls.

44. (i.) THE Registration Court shall complete the settlement

Completion of	and revision of the Electoral List for the District and of the list for
Chairman of the Court shall sign and deliver the first of such lists to the Electoral Registrar for the District, and the second to the Return- ing Officer of the Province.

Electoral Lists. that part of the Province comprised within such District, and the

District Roll. District to be written or printed in alphabetical order, and shall, on (2.) The Electoral Registrar shall cause the list for the or before the fifth day of June in each year, forward such list to the Returning Officer of the District, who shall sign the same. Such list shall be the Electoral Roll for the District.

(3.) The Returning Officer shall examine the several lists of

Provincial Roll. the electors for the whole of the Province received by him, or so

many as he has received, and ascertain what names are entered more than once in such lists. Having made such examination he shall expunge from such lists any name entered a second time, and then, on or before the Fifteenth day of June in each year, compile in alphabetical order, a roll of the electors of the Province, and shall sign the same.

(4.) A sufficient number of copies of such rolls shall be

As to both Rolls. printed or written ; and, if a roll is printed by other than the

Government Printer, twenty copies thereof shall be forthwith sent to the Minister.

(5.) Such rolls shall be called the "Annual Electoral

Form of Roll. Rolls," and shall be in the following form:—

LEGISLATIVE [COUNCIL or ASSEMBLY].

THE ELECTORAL [PROVINCE OR DISTRICT] OF

Annual Electoral Roll of persons qualified to Vote for the Election of

Members of the Legislative [Council or Assembly] during the year commencing

59° YICTORI}E, No. 31.

The Electoral Act, 1895.

the first day of July, 18 , for the Electoral [Province or District] of

for which I am Returning Officer.

Dated this day of 189 .

(Signed) A.B.,

Returning Officer for

Surname and	Ag,
if Place of abode. Occupation. PartieffiarS of

eltriaian Name. known. Qualification.

2 3 4 5 6

7. Costs.

45.      IF in any case it appears to a Registration Court that any

person has made or attempted to sustain any groundless or frivolous Costa and vexatious claim or. objection, the Court may order the payment eases' by such person of the costs, or of any part of the costs incurred by

such person ill resisting such claim or objection, but no professional costs shall be awarded by a Registration Court. And in every such case the Court shall make an order in writing, specifying the sum to be paid, and by and to whom and when and where the same shall be paid, and in any such case the sum of two shillings deposited with any objection may be ordered to be applied in payment of such costs ; but if any objection made is sustained, or no order for costs is made, the sum of two shillings so deposited shall be returned to the objector.

(i.) IF the costs ordered to be paid by any objector exceed

the amount deposited by him, and if any further sum of money so Coats my be

ordered to be paid by any person is not paid according to the terms recover

of the order, the same may be recovered by distress and sale of the

goods and chattels of the person so making default.

46.

( 2 .) When a person, the retention or insertion of whose name ill all Electoral List is duly objected to, does not appear either ill person or by agent at the Registration Court to support ids claim to have his name so retained or inserted, costs shall not be awarded against him.

8. Rolls.

47. (f.) THE annual Legislative Council Roll, compiled as

aforesaid, shall be the Roll of Electors entitled to vote in the Electoral Duration of of

59° VICT01111E, No. 31.

The Electoral Act, 1895.

Province at all elections of members to the Council held between the first day of July, inclusive, in the year in which the Roll was or ought to have been compiled, and the thirtieth day of June inclusive, in the next year, and the Annual Legislative Assembly Roll, com- piled as aforesaid, shall be the Roll of electors entitled to vote in the said District at all elections of members to the Assembly held between the same days ; and the said Rolls respectively shall, except as by this section is provided, be during that period conclusive evidence of the title of every person therein named to vote.

(2.) Every Quarterly Electoral Roll shall be deemed an

addition to the Annual Electoral Roll, and shall, in like manner

and except as aforesaid, be conclusive evidence of the title of each

person-therein named to vote during the then current year.

Provided as follows:—

Disqualifications	(1 .)Any person whose name is on a Roll at the time of an election, and who is then subject to any of the disqualifications mentioned or enumerated in Parts I. and II. of "The Constitution Act Amendment Act, 1893," shall be disqualified from voting.
from voting.
(2.) No person whose name is entered on a Legislative Assembly Roll in respect of the qualification of residence shall be entitled to vote in respect of that qualification at any election for such district, unless at some time within nine months before the election he has been actually and bond fide resident therein for a period of one month.
(3.) No Returning Officer shall be entitled to vote at any election, except to give a casting vote as Returning Officer.

IF in any year the roll or rolls for an Electoral District or perfected, the roll or rolls for the preceding year shall wholly or in part, as the case may require. be used as the roll or rolls for another year.

Old Rolls to 48.

continue till new	Electoral Province is or are not regularly made out, or is or are not
Rolls complete.

THE Returning Officer for every Electoral Province or District shall deliver a copy of the roil or rolls for such Province or District to all persons applying for the same, on payment of a fee calculated at sixpence for every hundred names on a printed copy, and at threepence per folio of seventy-two words for every written copy.

Returning Officer to 49.

give copies of Rolls.

Provision against 59. NO Electoral Roll shall be invalidated by reason only that

formal objections. it has been compiled either wholly or in part from any list or lists

59° VICTOBLE, No. 31.

The Electoral Act, 1895.

which has or have not been exposed, posted up, printed, kept, or published in the place or manner, or for the time herein required, for such purposes respectively, nor for any defect therein in form only.

PART III.—CONDUCT OF ELECTIONS.

I. Appointment of Returning Officers and Duties.

may remove a Returning Officer for each Electoral District and Returning Officer. 51. THE Governor shall from time to time appoint and

for each Province.

52.

IT shall be lawful for the Governor to appoint Deputy Returning Officers and such other additional officers in any Electoral	Governor may ap-
point additional
District or Province as may appear necessary to ensure the carrying	officers.
into effect the several provisions of this part of tins Act.

Deputy Returning Officer for any one or more Electoral Province or uSaettnuernitrgsoonffinciaely. bo 53.

THE same person may be appointed Returning Officer or Provinces, and also for any one or more Electoral District or pis_ for several Provinces

tricts. and Districts.

ANY and every person who may, under the provisions of this Act, be appointed a Returning Officer, or Deputy Returning rucaudIN'ayttffin etsb°

54.

before lie enter on the performance of the duties of any such duties.

Officer, or be appointed to any other office under this Act, shall, before entering on

office, make and subscribe the following declaration before any

Justice of the Peace for this Colony or its Dependencies:

" L A.B., do hereby declare that I accept the office of

, and I do hereby promise and declare

that I will faithfully perform the duties of the same to

the best of my understanding and ability."

And the Justice of the Peace before whom any such declaration shall be made is hereby required to transmit the same by the first convenient opportunity to the Clerk of the Legislative Council or of the Legislative Assembly, as the case may be.

ELECTORAL Writs may be framed in any manner and

form which shall be sufficient for carrying the provisions of this Form of Writ'

Act into effect.

55.

EVERY Electoral Writ shall be directed to the Returning Officer of the District or Province in which the election is to be Write toe d- ecitobiteaturn_

56.

held, and shall name a reasonably distant clay for the return to the ing Officer, Sic.

said writ. The issue of Electoral Writs, together with the days fixed

for their return, shall be notified in the Government Gazette.

59° VICTORUE, No. 31.

The, Electoral Act, 1895.

57. THE place and date of nomination and the date of taking

Places of nomination_ the poll, if any, for each Electoral District or Province for the election of a member or members for the Legislature shall be named in the writ.

Writs, &c., may be 58. IT shall be sufficient to telegraph an election writ and the (a.) If the writ for an election be telegraphed to the Returning Officer he shall, when the result of the election is known, endorse the result on such telegraphed copy and make return thereof as of the writ for the candi- date's election.

telegraphed.

return thereto, copies thereof, and notices required to be given by

this Act, also the result of the election and return to the writ.

(b.) Scrutineers and agents to attend at the polling-place may

be appointed by telegram.

(c.) The transmission by telegraph of a writ or of the return thereto and of any other document authorised by this Act to be telegraphed shall be subject to the provisions as to documents in the first and second sub-sections of the fourth section of " The Telegraphic Messages Act, 1874."

Provided that the words " in the presence and under the inspection of some Justice of the Peace or Notary Public," occurring in the said first sub-section, and the words " and under the super- vision of a Justice of the Peace or Notary Public," occurring in the said second sub-section, shall not apply to the transmission of any document authorised by this section to be telegraphed.

Provision in ease of 59. IN case telegraphic or other communication be interrupted

interruption of tele-	or delayed, it shall be lawful for the Governor, or other person
graph.	issuing the writ, from time to time at his discretion, to extend the time appointed for the return of an election writ. Provided that any such extension of time be duly notified in the Government Gazette.

Duty of Returning 60. (i .) IT shall be the duty of the Returning Officer, so soon

Officer on receipt of

after the receipt of the writ as possible, to publish by any available

writ.

means, whether by advertisement in the Government Gazette or in a newspaper circulating in the district, by placards, or otherwise, the fact of the receipt by him of the writ, the clay for the nomination, and the clay on which the polling shall take place in the event of more candidates than the number of candidates to be returned being duly nominated on the day appointed -for the nomination, and the place, or, if more than one, the places at which the poll will be taken.

59" VICTORLE No. 31.

The Electoral Act, 1895.

(2.) The Returning Officer may thereafter appoint any other place or places at which the poll will be taken, either in addition to, or in substitution for any place or places already appointed, and may at any time cancel and annul any such appointment. Provided that every place appointed for the taking of the poll or cancelled or annulled as aforesaid shall be notified by the Returning Officer by publication, as aforesaid., three clear days prior to the day of election.

61.      THE polling-place at the place named in the writ as that at

ling-places n Pol and

which the election is to be held shall be the "Central Pollin g- - •

District Polling

other polling-places shall be " District Polling-places." places.

2. Nomination.

NO person shall be qualified to be a candidate at any appointed for nomination as hereinafter mentioned he shall have intending candidates

election of a member to serve in the Legislature, unless by the time abrnoda (repto°J)tengitIcleenby 62.

given notice by the delivery or telegraphing of a nomination paper at elections.

to the Returning Officer for the District or Province, as the case may be, of his intention to become a candidate, which notice shall be signed by such person or his agent. Provided that no such notice shall in any case be received by the Returning Officer, nor shall it be of any force or validity, unless it be accompanied by a deposit of Twenty-five pounds to be applied by the Returning Officer as herein- after mentioned. Such deposit, if not made in current coin, may be made by a deposit receipt from a bank in favour of the Returning Officer, or by a certificate from the Colonial Treasurer that the sum aforesaid has been deposited with him for the purposes of this section, which deposit receipt or certificate may- be telegraphed to the Returning Officer.

IT shall be lawful for the Returning Officer to receive any name of a. person nominated as a candidate, up to the expiration of nominated up to endCandidate may be

63.

the time appointed as hereinafter mentioned on the nomination day of appointed time on

for the purpose of receiving nominations. nomination day.

64.

AT noon on the day of nomination the Returning Officer for the District or Province, as the case may be, shall attend at the of candidates Notice to be given

place of nomination, being the chief polling-place, for the space of Legislative As-

hs, during which time nomination papers may be received by sembly.

hoes,

him, and at the end of the two hours he shall publicly produce the several nomination papers he shall have then or be-fore received in respect of the election and give notice of the names of the persons nominated.

65.      IN case there shall be no more candidates duly nominated If 110 contest, candi.

than the number of members to be returned, the Returning Officer date to be declared elected.

59° VICTORIA, No. 31.

The Electoral Act, 1895.

shall declare the candidate or candidates so nominated to be duly

elected, and make his return to the writ accordingly.

If contest, notice to 66. IN case more candidates shall be duly nominated than the

be given.

number of members to be returned, the Returning Officer shall give

notice thereof and of the names of the candidates so nominated.

3. Preparation for Poll.

Preparations to be67. WHEN the Returning Officer for ally District or Province made for taking poll shall have received clue notice from a larger number of persons at elections. proposing to be candidates at such election than the number of

members to be returned, such Returning Officer shall make prepar- ations for taking the poll both at the central and district polling- places within the District or Province (that is to say):

1. He shall by writing under his hand appoint some fit and proper person or persons to preside at each of the District polling-places within the District or Province ; provided that in no case shall he appoint as Presiding Officer any person who has been employed by any other person in or about the election.

2. He shall furnish each polling-place with a copy of the Electoral Roll for the District or Province, as the case may be, certified under his hand to be a correct copy ; also with a proper ballot-box, which shall be a box of sufficient size provided with a lock and key, and with a slit in the lid capable of receiving one of the ballot papers hereinafter mentioned. The Returning Officer shall also furnish each polling-place with a sufficient number of ballot papers. Each such ballot paper shall have a number printed or written on the back, and shall have attached a counterfoil with the same number printed or written on the face. Such ballot paper shall contain on its face the Christian and surname of each candidate, arranged alphabetically according to such surnames, and if there are two candidates of the same surname, then according to the Christian names of such candidates: And no other matter or thing shall be inserted on the face of such ballot paper. And such ballot papers and counterfoils shall be in the form given

Second Schedule. in the Second Schedule hereto.

Several polling- 68. (ID WHEN a larger number of electors is likely to vote at a

booths at the same	polling place than can conveniently vote in the same polling-booth,
polling place.	the Returning Officer may appoint two or more polling-booths at

59° VICTORLE, No. 31.

The Electoral Act, 1895.

that polling place, and shall in such case appoint presiding officers to take the poll at the polling-booths at which he does not himself preside.

( 2 .) All the provisions of this Act, relating to presiding

officers, shall apply to presiding officers, presiding at such polling-

booths.

THE Returning Officer, and each Presiding Officer with the approval of the Returning Officer, may appoint one or more

Poll Clerks.

persons to be a poll cleric or poll clerks to assist him in taking the

poll.

69.

(i .) IN case any Returning Officer or other Presiding Officer is prevented from attendance by illness or other sufficient	Substitute may be
cause, he may appoint by writing under his hand a substitute to act	TTt=itg bOfficer. "
for him, who shall have full power and authority to do all things required by this Act to be done by tins principal, but at his polling place only.

70.

( 2 .) If by reason of the absence of the Presiding Officer the

poll is not taken at any polling place, the election shall not be there-

Absence of ReturningOfficer or Presiding

fore void, but it shall be lawful for the Returning Officer to appoint

Officer or substitute

not to invalidate

another day not later than thirty days from the day named in the

election.

writ for taking the poll at such polling place, of which appointment clue notice shall be publicly given, and the poll shall be taken accordingly and be deemed to have been taken on the clay first appointed.

THE " Directions to Voters " contained in the Third Schedule hereto shall be printed in conspicuous characters, awl	Certain directions to
voters to be placarded
placarded outside and inside every polling place on the day of the	on polling places.
Third Schedule.
election.

71.

4. The Polling.

ON the clay appointed for the polling, the Returning forenoon at the central polling place of the District or Province, and io'f° elecgtion7 ayon	Officer shall preside at a meeting to be holden at ten o'clock of the PriorluTlat central
shall declare the purpose for which such meeting is held, and shall then announce to the meeting the names of the persons who have duly become candidates at such election ; and the Returning Officer shall announce that a poll is to take place at once to determine the said election, and the same shall commence accordingly.

72.

73.

THE polling shall take place at the central polling place before the Returning. Officer himself as Presiding Officer, and, at	Poll to be taken by
Presiding Officer.
any district polling places, before the Presiding Officers appointed as hereinbefore mentioned. The polling shall commence at the

59" VICTOMIE, No. 31.

The Electoral Act, 1895.

central polling place in accordance with the provisions of the next

Hours of polling.	preceding section and at the district polling places at the hour of ten in the forenoon, and shall at each place close at six o'clock in the afternoon of the same day. The only persons who shall be allowed to be within any polling place during the taking of the
Who to be allowed
within polling	poll shall be the Presiding Officer with his cleric (if any), a person
places.	appointed in writing by each candidate as a scrutineer to watch his interests, the voters about to vote, and such police constable or constables as the Presiding Officer may deem necessary for enforcing order ; but no such scrutineer as aforesaid shall be allowed to com- municate with the voters while in the said polling-place, nor shall the said scrutineers be allowed to sit in the said polling-place any- where where they can see anything that is put on any voting paper either by the Presiding Officer or by any voter.

Procedure in taking 74. THE voting shall be by ballot. The Presiding Officer at

the poll. any polling-place shall, immediately before proceeding to take the poll, exhibit the ballot-box empty, and shall then lock the same and take the key out, and shall then keep the said box and the said key in his own charge until the close of the poll. Every person who shall be qualified and entitled to vote, and who shall be desirous of voting, shall present himself to the Presiding Officer at any polling-place or district polling-place, and shall state his name and address ; and if such Presiding Officer finds that the name of such person is on the Electoral Roll, he shall be entitled to ask him the questions hereinafter mentioned, and if such questions are answered satisfactorily, or if such questions are dispensed with, the Presiding Officer shall take a ballot paper (as hereinhefore mentioned) and having written his own initials on the back thereof, and having written on the counterfoil the name of the proposed voter on the Electoral Roll, and having further made a mark against the name of such person on the Electoral Roll to signify that a ballot paper has been given to such person, shall give such paper to the voter, and the voter having received the said paper shall retire to a compart- ment screened from observation, but within the said polling-place, to be provided for that purpose, and there alone and in private, without interruption, indicate the name of any candidate or candidates for whom he votes by drawing a line or hues through the name of each candidate for whom he does not vote, and shall then fold the said paper so as to show the initials of the Returning Officer on the back, and shall then deliver it so folded to the Presiding Officer, who, on seeing that such paper contains his own initials, shall, without opening the same, deposit it in the ballot-box aforesaid. And no voting paper deposited in such box shall on any account be taken therefrom until after the close of the polling as hereinafter men- tioned. No voting paper shall be received unless it be folded so as to show the Presiding. Officer's initials, and at the same time to

59" VICTORIA, No. 31.

The Electoral Act, 1895.

render it impossible for the Presiding Officer or any other person to

see for which candidate or candidates the vote is given.

75. .) IT shall be lawful for any person being qualified to Method of voting for

vote for any Electoral District or Province, except in respect of a

persons living out

residence qualification for a District, who, prior to the day fixed for

of the district or

beyond thirty miles

any election in such District or Province shall be within any other

of a polling place.

District or Province, or who shall reside more than thirty miles from a polling place -for the District or Province for which lie desires to vote, to go before a Resident or Police Magistrate, or some other

person duly appointed by the Governor by notice in the Government

Gazette as a person authorised to take votes at elections, and demand

to be allowed to vote for the Electoral District or Province for which he is qualified to vote, as aforesaid ; and the said Resident or Police Magistrate or appointee as aforesaid shall then write the name of the Electoral District or Province for which such person desires to vote, and also the name and address of such person, and the date, on two counterfoils, each of which shall be marked with the same number, and shall, having signed his name on the back of a ballot paper, give the same to such elector ; and on the face of such ballot paper the said Resident or Police Magistrate or appointee as aforesaid shall write simply the name of the Electoral District or Province for which the voter proposes to vote, and on the back shall be a number corresponding to the number upon the aforesaid counterfoils ; and the voter having received the said paper shall then write thereon the name of the candidate or candidates for whom he votes, and shall then fold it up, and in the presence of the said Resident or Police Magistrate, or appointee as aforesaid shall put the same into an envelope ; and the said Resident or Police Magistrate, or appointee as aforesaid shall then put one of the corresponding counterfoils into a separate envelope, and shall seal up each. such envelope, and shall write the words " Ballot Paper " on both sides of the envelope containing the ballot paper, and the word " Counterfoil on both sides of that containing the counterfoil, and shall then himself send both envelopes, enclosed together in a. second envelope, by post or otherwise to the Returning Officer.

(2.) The Returning Officer, on receipt of any such envelopes, shall, without opening them, retain them in his possession until the

Duty of Returning

Officer with respect

commencement of the poll, and shall, at any convenient time or times,

to ballot papers

received from such

during or immediately after the taking of the poll in the presence of

persons.

the scrutineers, proceed to open the envelopes containing the counter- foils, and having made a mark on the copy of the Electoral Roll in use at Ms polling-place against the name of each person who appears by such counterfoils to have voted, shall keep such counterfoils in the same manner as the counterfoils of the ballot papers used by him at such election. Having thus dealt with the counterfoils, the Return-

Obstructing election. (2.) Interrupts, obstructs, or disturbs the proceedings at an election,

shall, on summary conviction, be liable to a penalty not exceeding

Twenty pounds.

59" VICTORI2E, No. 31.

The Electoral Act, 1895.

95.      EVERY Electoral Registrar who is guilty of any wilful Ieer

misfeasance, or wilful or negligent act of commission or omission P• slttryairofnorelneleitsofiegial

contrary to any of the provisions of this Act, shall, for every such sanee or neglect.

offence, be liable, on summary conviction, to a penalty not exceeding

Fifty pounds.

EVERY Justice of the Peace, Clerk of Petty Sessions, or officer or member of the Police Force, or any Electoral Registrar, poll

Penalty for undue

influence by public

cleric, or scrutineer, who, during the time he continues in his office

officers and others.

or employment, by word, message, writing, or in any other manner endeavours to persuade any elector to give, or dissuade any elector from giving, his vote for any candidate, or endeavors to persuade or induce any elector to refrain from voting at any election, shall forfeit the sum of One hundred pounds, to be recovered, with full costs of

suit, by any person who shall sue in the Supreme Court for the same,

without collusion, within six months after the commission of the

offence.

96.

97. (i.) EVERY Returning Officer who, after having accepted

office as such, wilfully neglects, or refuses to perform any of the r,yett?,;,,g.negreter,

duties which by the provisions of this Act lie is required to perform, &e.

shall for every such offence forfeit and pay a sum not exceeding

Two hundred pounds.

(2.) Every Justice, Presiding Officer, cleric or secretary of any local authority, Registrar, or District Registrar of births, deaths, and marriages, or other officer or person who wilfully neglects or refuses to perform any of the duties which by the provisions of this Act he is required to perform, shall for every such offence forfeit and pay any sum not exceeding Fifty pounds.

(3.) Such penalties may be recovered, with full cost of suit,

by the first person who shall sue in any court of competent juris- Gcwer"°r "'ay mitigate or remit

diction for the same, without collusion, within six months after penalty.

the commission of the offence. Provided that the Governor may

mitigate or wholly remit any such penalty or forfeiture.

privy to the placing, in a ballot box a ballot paper which has not Stuffing ballot-boxes. 98. EVERY Presiding Officer or other person who places, or is

been lawfully handed to and marked by an elector, shall be guilty of felony, and shall be liable on conviction to be kept in penal servitude for any period not exceeding seven years and not less than two years, or to be imprisoned for any term not exceeding two years with or without hard labour. Proof that a greater number of ballot papers is found in a ballot box, or is returned by a Presiding Officer as having been received at a polling place, than the number of electors who voted at such polling place, shall be prima-facie evidence that

59° VICTORUE, No. 31.

The Eletcoral Act, 189 . 5.

the Presiding Officer at such polling place was guilty of an offence

against this section.

EVERY person who wilfully misleads any Electoral

Persons wilfully mis- 99.

leading Electoral	Registrar in the compilation or preparation of any list, or who
Registrar, &c., liable	wilfully inserts or causes to be inserted therein any false or fictitious
to penalty.	name or qualification, shall, on summary conviction of any such offence, be liable to a penalty not exceeding Twenty pounds, Or to be imprisoned for any period not exceeding three months.

100.       EVERY person who-

False answers .) Wilfully makes a false answer to any of the questions Wilfully makes a false declaration when required to

punishable as	hereinbef ore authorised, or
misdemeanour.

(2.) make a declaration under this Act, or

(3.) Wilfully makes any false statement in any claim to be inserted in an Electoral List, or

(4..) Wilfully makes any false statement, orally or in writing, in any Registration Court, in anywise affecting or relating to the qualification of himself or any other person,

shall be deemed guilty of a misdemeanour, and on conviction thereof

shall suffer the penalties of wilful and corrupt perjury.

(1.) EVERY Returning Officer, Presiding Officer, poll

Penalty for 101.

attempting to	clerk, or scrutineer who attempts to ascertain or discover, or directly
discover person for
whom elector votes ;	or indirectly aids in ascertaining or discovering, the person for
or disclosing	whom any vote is given, or who having in the exercise of his office
knowledge of such
person obtained in	obtained knowledge of the person for whom any , elector has voted,
exercise of office.	discloses such knowledge unless in answer to some question put in the course of proceedings before some competent Court or other tribunal ; and
(2.) Every Returning Officer, Presiding Officer, poll clerk, or scrutineer who places upon any ballot paper any mark or writing not authorised by this Act, shall be guilty of a misdemeanour, and on conviction thereof shall be liable to imprisonment for any term not exceeding two years, with or without hard labour.

Offences in respect	102. EVERY person who-
ballot boxes.

of ballot papers and

( .) Forges or fraudulently defaces, or fraudulently destroys any

nomination paper, or delivers to the Returning Officer

any nomination paper knowing the same to be forged ; or

59° vic rionix, No. 31.

The Electoral Act, 1895.

(2.) Forges or counterfeits, or fraudulently defaces or fraudulently destroys any ballot paper or the initials of any Presiding Officer on any ballot paper ; or

(3.) Without due authority supplies a ballot paper to any per-

son ; or

(4.) Fraudulently gives to the Presiding Officer for insertion into any ballot-box any paper other than the ballot paper which he is authorised by law to give for insertion as aforesaid ; or

(5.) Fraudulently takes out of the polling place any ballot

paper ; or

(6.) Without due authority- destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of any election ;

shall be guilty of a misdemeanour, and be liable, if he be a Return- ing or Presiding Officer, or clerk in attendance at any polling-place, to imprisonment for any term not exceeding two years, with or without hard labour, or to be fined any sum not exceeding Two hundred pounds, and if he is any other person, to any term not exceeding six months, with or without hard labour, or to a fine not exceeding Fifty pounds. Any offence under this section, or any attempt to commit any such offence, or the aiding, abetting, corm- selling, or procuring the commission or attempting to commit such offence, shall be deemed a corrupt practice. Any attempt to com- mit any offence under this section shall be punishable in the same manner in which the offence itself is punishable. In any informa- tion or other prosecutions for an offence in relation to the ballot boxes, ballot papers, and other matters or things in use at an election, the property in such papers, boxes, or other matters or things may be stated to be in the Returning Officer at such election.

103. A PERSON shall be guilty of the offence of personation

under this Act who at any election of a member to serve in the P ltiiirr !'"(1 P""-

Legislative Council Or Legislative Assembly applies for a ballot paper Lualti..° mimr.

in the name of some other person, whether that name be that of a

person living or dead, or of a fictitious person, or who having voted

once at any such election applies at the same election for a ballot

paper in his own name. The offence of personation, or of aiding,

abetting, counselling, or procuring the commission of the offence of

personation by any person, shall be a felony, and any person con-

victed thereof shall be punished by imprisonment for a term not

exceeding two years, together with hard labour ; such offence, or

the aiding, abetting, counselling, or procuring the commission of the

same by any person shall be deemed a corrupt practice.

59" VICTORI}E, No. 31.

The Electoral Act, 1895.

Punishment of per- 104. EVERY person who acts in contravention of the pro-

sons acting in con-

visions of the eighty-ninth or ninetieth section of this Act shall be

travention of sec-

liable, on summary conviction before two or more Justices of the

tions 89 and 90.

peace, to imprisonment for any term not exceeding six months with

or without hard labour.

What shall be doom- 105. EACH of the following acts shall be deemed and taken to

ed acts of bribery. be an act of bribery and corruption on the part of any candidate at any such election, whether committed by such candidate or by any agent authorised to act for him : that is to say, the giving of money or any other article whatsoever to any elector, or the making with or giving to any elector any agreement or security for any gift or reward, or the holding out to any elector any promise or expectation of profit, advancement, or enrichment to himself or to any of his family or kindred or friends or dependents in any shape, or making use of any threat to any elector, or otherwise intimidating him in any manner, or the treating of any elector, or the supplying him with meat, drink, lodging, or horse or carriage hire, or conveyance by steam or other- wise whilst at such election, or whilst engaged in or coming to or going from such election, or the payment to any elector of any sum of money for acting or joining in any procession during such election or before or after the same, or the keeping open any public house, shop, booth, tent or place of entertainment, whether liquor or refreshment of any kind be distributed thereat or not, or the giving of any dinner, supper, breakfast, or other refreshment or entertain- ment at any place whatsoever to any elector with the view in any such cases as herein specified of influencing the vote of any such elector.

106.      IF any of the acts aforesaid so declared to be acts of

Pmuensiisohroeinta of bribery and corruption shall be committed by any person, whether 3'

bribery. such person shall be a candidate at such election or not, the person so committing the same, whether by himself or by any person employed by him for that purpose, shall be deemed guilty of a misdemeanour, and may be prosecuted for such act or acts as for a misdemeanour in the Supreme Court, and be punished for such offence by a fine not exceeding Two hundred pounds, or imprison- ment not exceeding six calendar mouths.

107.       IT shall not be lawful for any candidate for election as

Personal solicits/Om a member of the Legislature to solicit, personally, the vote of any elector, or to attend any meeting of electors convened or held for electoral purposes within twenty-four hours of the time appointed for the commencement of the poll at the election for the particular Electoral District or Province to represent which he is a candidate,

• nor (except for the purpose of recording his vote) until after

59" VICTORUE, No. 31.

The Electoral Act, 1895.

the close of the poll at such election ; and the attendance of any candidate at any such meeting, or his personal solicitation of the vote of any elector after the time mentioned as aforesaid. shall render void the election of any such candidate.

108.      'IF any person who shall have or claim to have any right

to vote at any election of a member or members for any Electoral 1:1t,',7„2,1‘,„„rfor,`" ,- District or Province shall by himself or any other person directly or voting or withholding indirectly ask for or receive any money or other emolument or re- vote.

ward by way of gift, employment, or otherwise for himself or any other person whatsoever as a consideration or inducement, expressed or implied. for giving his vote or for abstaining from giving his vote at such election, such person shall for such offence forfeit and pay the penalty or 811M of Fifty pounds sterling to the person who shall first sue for the same. and such penalty or sum may be recovered with full costs by action of debt in a Local Court.

109.      NO premises

On which the sale by wholesale or retail of any intoxi- Use of committee

eating liquor is authorised by a. license ; or,

room in house for

sale of intoxicating

:There any intoxicating liquor is sold or is supplied to liquor to he illegal

members of a. club. society, or association, other than a ldri"g*

permanent political club ; Or.

(c.) Whereon refreshment of any kind, whether food or drink,

is ordinaril y sold for consiunption on the premises ;

shall be used as a committee room for the purpose of promoting or procuring the election of a candidate ; and if any person hire or use any such premises or any part thereof for a committee room he shall be guilty of illegal hiring; and the person letting such premises or part, if he knew it was intended to use the same as a committee room. shall also be guilty of illegal hiring. •

110. (1.) A PERSON guilty of illegal hiring shall. on summary Punishment of

conviction, be liable to a fine not exceeding. One hunched pounds.

illegal hiring.

(2.) A candidate or an election agent of a candidate who is

personally guilty of illegal hiring shall be guilty of an illegal

practice.

111.      IF it shall be proved to the satisfaction of the Court for

the trial of Election Petitions under the provisions of 39th Victoria, sc„°,11ini:tstil, aaci."E. No. 10, that any candidate or his agent as aforesaid shall have been date or his agent to guilty of any one of the acts of bribery mid corruption aforesaid, or lii'quabrY candidate. of an illegal practice, the Court shall so decide ; and such decision

of the said Court shall disqualify such candidate from sitting or

voting

59° VICTORLE, No. 31.

The Electoral Act, 1895.

voting m any Legislative Chamber during the whole period that may intervene between such decision of such Court and the time of the next general election for the Legislative Assembly.

PART V S C ELLAN EO US .

THE provisions of the 39th Victoria, No. 10, as to the

Application of 39th 112.

Viet., No.10, to both	trial of Election Petitions shall apply to both the Legislative
Houses.	Council and the Legislative Assembly.
EVERY proceeding under this Act, for omissions, defaults, acts, or offences, to which any fine or pecuniary penalty is attached, shall, unless some other mode be prescribed for the recovery thereof, be had and taken and may be heard and determined in a summary way, by any special Magistrate or two justices, under the provisions of any Ordinance or Act now in force or of any Act hereafter to be in force relating to the duties of Justices with respect to summary convictions.

Summary Procedure. 113.

IN every case of the adjudication of a fine or pecuniary

On non-payment of 114.

penalty, .to., Justice	penalty under this Act, and of the non-payment of such fine or
may imprison.	pecuniary penalty, any Justice may commit the offender or person making default in payment to any gaol in the said Colony for any term not exceeding twelve months, the imprisonment to cease on payment of the sum due and the costs of such proceedings as may have been taken for the recovery thereof.

THERE shall be an appeal from any conviction or order by

Appeal. 115.

or of any Special Magistrate or Justices for any offence against this Act, and from any order dismissing any information or complaint under this Act, and from any other order or adjudication whatsoever by any Special Magistrate or Justices under this Act, and the proceedings in such appeal shall be conducted and regulated

manner prescribed by Part IX. of "The Police Act. 1892."

THE Special Magistrate or Justices imposing any fine or

Application of 116.

penalties. penalty under this Act may direct the whole or any part thereof to be applied in or towards payment of the costs of the proceedings, or in or towards rewarding- the person upon whose information or at whose suit such penalty has been recovered ; and, subject to such direction, all fines and penalties shall be paid to the Colonial Treasurer for the public uses of the Colony.

THE Minister may from time to time appoint such officers

Minister may 117.

appoint persons	or persons as may to him appear necessary for the purpose of
to assist Registrar	assisting any Electoral Registrar in the performance of any duties

59° VICTORIA], No. 31.

The Electoral Act, 1895.

imposed upon him by this Act, or for the purpose of inquiring into the qualification of any person whose name appears on any roll or list. or who claims to be registered as an elector, and also for the purpose of making objections, under the provisions of tins Act, to the names of any persons appearing on such roll or list ; and any person appointed by the Minister, for the purposes aforesaid, shall, notwithstanding anything contained in this Act to the contrary, be deemed duly qualified to make such Objections.

118. IT shall be lawful for the Governor to delegate to any Governor mav dole-

other person the performance of any act or thing which by tins Act rate his powers.

he is empowered to perform: Provided always, that any such

delegation shall be made under the hand of such Governor in Council

and the seal of the Colony, and be duly announced by proclamation

in the Governnuiit Gazette.

ELECTORAL Registrars shall be exempt from the payment of any Court fees in respect of any proceedings under tins Act, and are, together with the Clerk or Secretary of any local authority, hereby authorised to send registered letters free of charge for the purposes of tins Act, in conformity with instructions to be issued by the Postmaster General. Fees and postages.

119.

THE Returning, Deputy Returning, and Presiding Officers for any Electoral Provinces or Districts. and any other	Beinuneratiun of
Returning and
persons appointed by the Minister for the purposes of this Act, may	Presiding fittings.
respectively be paid such salaries or allowances as the Governor may- from time to time direct to be paid to each of such officers or persons.

120.

THE Electoral Registrars shall be respectively paid by- salary only. to be from time to time fixed, in each case, by the	Remuneration of
Registrars.
Governor. In fixing such salaries, regard shall be had to the popu- lation of the district for which any such Registrar may be acting, but the amount of the salary of any Registrar shall not be in any wise affected by the number of persons whose names appear upon any list prepared by him. Provided that if any Electoral Registrar is in receipt of any pension, superannuation, or retiring allowance from the Crown, such pension, superannuation, or retiring allowance shall not merge in, or be affected by, the salary paid to such Electoral Registrar as such.

121.

122. EVERY Clerk of a local authority shall be entitled to be Remuneration of

paid in each year for the performance by him of duties imposed by	Municipal and Road
tins Act, such salary or allowance as may in each case be from time	preparation of Rate.Board Clerks for
to time fixed by the Governor. In fixing such salary or allowance,	payers' Lists.
regard shall be had to the population of the municipality or district

59" ITICTORLE, No. 31.

The Electoral Act, 1895.

of such clerk ; but such salary shall not be in any wise affected by the number of persons whose names appear upon any list prepared by him.

When things to bo 123. WHEN any matter or thing shall be directed by this

Act to be performed on a certain day, and that day shall happen to

do fa On Sundays ne ll

or holidays. be Sunday. Good Friday, Christmas Day, or Bank Holiday, the said

matter or thing shall be performed on the day next succeeding such

Sunday, Good Friday, Christmas Day, or Bank Holiday.

In the name and on behalf of the Queen 1 hereby assent

to this Act.

ALEX. C. O\ SLOW, Administrator.

59" VICTORLIT., No. 31.

The Electoral Act, 1895.

ryhe First Schedule.

ENACTMENTS REPEALED.

- Section 2.

Session S Number. Extent of Bei

53 Viet., No. 23 The Electoral Act, 1889 ... The whole.

57 Viet., No. 15 ; The Electoral Act, 1893 .. The whole.

57 Viet., No. 34 ; The Electoral Rolls Act, 1.893 The whole.

The Second Schedule.

Form of Ballot Paper. Section 67.

(Counterfoil) BROWN

(John Brown of Quindahip,

Merchant).

No.

JONES

(Samuel Jones of Beverley,

Esq.).

SMITH

omas Smith, Bart., of

Perth).

THOMPSON

(3 colas Thompson of York,

Miller).

59" TICTOMIE, No. 31.

The Electoral Act, 1895.

The Third Schedule.

Form of Directions for the Guidance of Voters.

Section 71.

THE voter may vote for candidate .

The voter will go to the compartment indicated to him by the Presiding Officer, and with the pencil there provided will draw a line or lines through the name of each candidate for whom he does NOT vote.

The voter will then fold up the ballot paper so as to show the initials of the Presiding Officer on the back, and leaving the compartment, will, without showing the front of the paper to any person, hand the same to the Presiding Officer for insertion into the ballot box, and forthwith quit the polling-station.

If the voter inadvertently spoils a ballot paper, he can return it to the officer, If the voter votes for more than candidates, or places any mark on the paper by which lie may be afterwards identified, his ballot paper will be void, and will not be counted. who if satisfied of such inadvertence, give him another paper.

If the voter takes a ballot paper out of the polling-station, or gives to the Presiding Officer for insertion into the ballot box any other paper than the on e given him by the officer, he will be guilty of a misdemeanour, and be subject to imprisonment for any term not exceeding six months, with or without hard labour.

Section 75. The Fourth Schedule.

No. Ballot Paper.

Election. (Date.)

Name of District Name of Distric 1

Election	(date).	t Election (date).	I
U,'

Name of Voter Name of Voter.

1  5

Address...6, Address.

By Authority : &cilium PwruEv, Government Printer, Perth.