Electoral Act of 1880 No 34a (NSW)
No. XIII.
An Act to provide more effectually for the Representation of the people in the Legis lative Assembly. [12th July, 1880.]
WH E R E A S Represen ta t ion of t he People in t he Legislat ive Assembly and
it is expedient to m a k e be t t e r provision for t h e
to a m e n d and consolidate t h e L a w regula t ing Elect ions to t h e Legisla t ive Assembly Be i t therefore enacted by the Queen ' s Most E x c e l l e n t Majesty by and wi th t h e advice and consent of the Legislat ive Counci l a n d Legis la t ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au thor i ty of t he same as follows :—
Preliminary.
1. I n th i s A c t t he following words in inver ted commas shal l have t h e mean ings set agains t t h e m respectively unless
inconsis tent
wi th or r e p u g n a n t to t h e c o n t e x t —
" G o v e r n o r " — T h e Governor w i th t h e advice of t h e Execu t i ve Counci l .
" A s s e m b l y " — T h e Legis la t ive Assembly of N e w South Wales .
" S p e a k e r " — T h e Speaker of t h e Assembly for t he t ime be ing .
" M e m b e r " — M e m b e r of t he Assembly .
" E l e c t i o n " — T h e Elec t ion of any M e m b e r or Member s of t h e
" E lec tora l A c t of 1 8 5 8 " a n d t h e A c t th i r t i e th Victoria n u m b e r twen ty -one are he reby repealed b u t such repeal shal l n o t affect a n y ac t proceeding Assembly .
" R o l l " — T h e Rol l of Elec tors ent i t led to vote a t t h e election of
any M e m b e r of the Assembly as compiled revised a n d perfected unde r t h e provisions of th is Act .
" L i s t " — - A n y Lis t of Electors so compiled b u t no t revised or perfected as aforesaid.
" Co l l ec to r "—Any du ly appointed Collector of E lec tora l Lis ts .
" N a t u r a l - b o r n s u b j e c t " — E v e r y person born in H e r Majes ty ' s dominions as well as the son of a father or m o t h e r so born.
" Na tura l i zed s u b j e c t " — E v e r y person made or hereaf ter to be m a d e a denizen or who has been or shal l hereafter be natura l ized in th is Colony in accordance wi th t h e Deniza t ion
or Na tu ra l i za t ion laws in force for t h e t ime being.
" Author ized A g e n t " — A n y person hold ing t h e wr i t t en au thor i ty of
any candida te to act on his behalf for t h e election t h e n pend ing .
2. The A c t twenty-second Victoria n u m b e r t w e n t y be ing t h e
| proceeding m a t t e r | or t h i n g | done or commenced | unde r t h e au tho r i t y of |
e i ther of t h e said Ac t s A n d t h e provisions of t h e said repealed Acts shall he in force for and govern t h e Assembly as cons t i tu ted by t h e said repealed Ac t s u n t i l t h e expi ra t ion of th is p resen t P a r l i a m e n t b y effluxion of t ime or dissolution.
3 . This A c t shal l be styled t h e " Elec tora l A c t of 1 8 8 0 " I t s
provisions shall come in to force on the day of t h e pass ing thereof
| They a r e a r ranged in t h e following | order— |
Preliminary—ss. 1 to 3 inclusive.
P A R T I .—Elec toral Districts—Apportionment of Members—ss.
4 to 12 inclusive.
P A R T I I . — E l e c t o r a l Lists and Rolls—ss. 13 and 1 1 . P A R T I I I . — E l e c t i o n Writs—Returning and Presiding Officers—
Proceedings at Elections—ss. 15 to 51 inclusive.
P A R T I V . — Committee of Elections and Qualifications—ss. 55 to 74 inclusive.
P A R T I .
Electoral Districts—Apportionment of Members.
4. N e w South "Wales shal l be divided into t h e s even ty - two
| Electora l Dis t r ic ts | named | a n d | described | in | Schedule A here to | A n d |
| such Dis t r ic ts shal l subjec t to t h e provisions of th i s A c t be ent i t led | to |
| r e t u r n | one | h u n d r e d | and | eia;ht Member s | to serve in t he | Legislat ive |
| Assembly | A n d | t h e boundar ies of t h e said E lec tora l Dis t r ic ts shall | be |
those respectively set for th in t h e said Schedule.
5. The Electora l Dis t r ic t s of Eas t Sou th and W e s t Sydney shall
| each | r e t u r n | P o u r | M e m b e r s | The Electora l | Dis t r ic t | of | Mudgee | shal l |
| r e t u r n | Three | M e m b e r s — T h e Electora l | Distr icts | of | A r g y l e — B a l r a n a l d — |
| The | B o g a n — C a m d e n — C a n t e r b u r y — C a r c o a r — C e n t r a l | C u m b e r l a n d — |
| E d e n — F o r b e s — T h e | H a s t i n g s | and | M a n n i n g — T h e | H u m e — T h e | U p p e r |
| H u n t e r — E a s t | M a c q u a r i c — M o n a r o — T h e | M u r r a y — T h e | M u r r u m b i d g e e |
| — N e w c a s t l e — N e w | E n g l a n d — N e w t o w n — N o r t h u m b e r l a n d — O r a n g e |
| — P a d d i n g t o n — R e d f e r n — T a m w o r t h — a n d | Y o u n g | shall | each | r e t u r n |
| Two M e m b e r s and all | o ther | Elec tora l | Distr ic ts shall each r e t u r n | O n e |
M e m b e r to serve in t h e Assembly Provided always t h a t t h e n u m b e r of Members here in respectively assigned to such distr icts shal l be subject to t h e provisions conta ined in t h e nex t four following sections.
6. Subjec t to t he condit ions and provisions hereinafter contained
| every | Elec tora l Dis t r ic t ent i t led unde r t he provisions of t h e n e x t |
| preceding | section to r e t u r n two Member s to serve in t h e Assembly |
| shal l so soon as t h e n u m b e r | of electors on t h e E lec tora l Rol l for t h e |
| t i m e being of such Elec tora l | Dis t r ic t shall have reached five thousand |
| be a n d con t inue to be ent i t led | as hereinafter ment ioned to r e t u r n | one |
| addi t ional M e m b e r to serve in t h e | Assembly. |
7. Subject t o t he aforesaid condit ions and provisions every
| Elec tora l | Dis t r ic t | so | ent i t led | as aforesaid | to r e t u r n one M e m b e r | only |
| to serve in t h e said Assembly shall so soon as t h e n u m b e r | of | electors |
on t he Elec tora l Ro l l for t he t ime be ing of such Electoral Dis t r ic t shall have reached th ree t housand be and cont inue to be ent i t led as in t he said section ment ioned to r e t u r n one addi t ional M e m b e r to serve in
| t h e | Assembly. |
U 8. 8. Subject to t he same aforesaid condit ions and provisions every Elec tora l Dis t r ic t so ent i t led as aforesaid to r e t u r n three Members to serve in t he said Assembly shall so soon as t he n u m b e r of electors on t he Elec tora l Rol l for t h e t i m e be ing of such electoral district shal l
have reached e ight t housand be and cont inue to be en t i t l ed as in t h e
said section ment ioned to r e t u r n one addi t ional M e m b e r to serve in t h e Assembly .
9. N o Elec tora l Dis t r ic t shal l be ent i t led to r e t u r n a n addi t ional
M e m b e r unde r t h e provisions of section six seven or e igh t of this A c t u n t i l t h e Governor shal l by proc lamat ion to be publ i shed in t he
Gazette h ave declared t h a t such dis t r ic t is ent i t led b y reason of t h e
n u m b e r of electors thereof on t h e Elec tora l Rol l for t he t ime be ing
hav ing reached t h e n u m b e r hereinbefore in t h a t behalf prescribed to
r e t u r n a n addi t ional M e m b e r in pu r suance of t h e provisions of th is
A c t A n d such Proc lamat ion shall be issued so soon as prac t icable
after i t shall appear to t he Governor t h a t t h e n u m b e r of electors on
t h e Rol l for t h e t i m e being for such district has reached t h e n u m b e r
hereinbefore prescribed and has no t du r ing t h e t h e n n e x t preceding
twenty- four ca lendar m o n t h s been less t h a n t h e said prescribed n u m b e r by a t least one-fifth thereof Provided always t h a t t he first wr i t for t he election of a n y such addi t ional m e m b e r shal l be issued by the Governor and no t for any election except a Genera l Elect ion A n d all
subsequen t wr i t s shall be issued in m a n n e r provided b y th i s Ac t . 10. Eve ry male subject of H e r Majes ty of t h e full age of
twen ty -one years a n d absolute ly free be ing a na tu r a l bo rn or na tura l ized subject shal l be qualified to be elected a M e m b e r of t h e Assembly for any Electora l Dis t r ic t unless disqualified b y section seventeen or e ighteen of the Const i tu t ion A c t or unless unde r section twelve of th is A c t h e would be disqualified or incapaci ta ted as a n elector.
1 1 . E v e r y male subject of H e r Majes ty of t h e full age of
twen ty -one years and absolutely free be ing a n a t u r a l born or natural ized subject shal l if entered on t h e Rol l of Electors and no t disqualified or incapac i ta ted for some cause here inaf ter specified be ent i t led to vote a t any Elec t ion for t h e Electora l Dis t r ic t in respect of which he shall be so qualified t h a t is to say—
(1.) E v e r y such subject who a t t h e t ime of m a k i n g out t h e
Elec tora l Lis t in a n y such distr ict shal l reside and dur ing
the six m o n t h s t h e n n e x t preceding shall have resided in
t h a t distr ict .
(2.) Eve ry such subject whe the r or not so resident as aforesaid who shall have a t t he t ime of m a k i n g out t he said
Electoral
L i s t and for t h e six mon ths t h e n n e x t preceding shall have h a d w i t h i n t h e distr ict a freehold or leasehold es ta te in possession or have been in t h e receipt of t he ren t s and profits thereof for his own use of t h e clear va lue of one h u n d r e d pounds or of t h e annua l va lue of t en pounds respectively or who shall t h e n occupy a n d for t h e said six m o n t h s have occu pied w i th in t h e distr ict any house warehouse count ing-house office shop room or bu i ld ing be ing e i ther separate ly or j o in t ly wi th any land wi th in such distr ict occupied b y h im the rewi th of t h e a n n u a l va lue of t e n pounds such occupat ion be ing ei ther cont inuously of t h e same premises or successively of any two or more respect ively of t h e requi red va lue or who shal l hold and for t h e said six m o n t h s shall have he ld a Crown lease or l icense for pas tora l purposes wi th in such district Provided
t h a t no elector possessing more t h a n one qualification w i th in the same Elec tora l Dis t r ic t shall be the reby ent i t led to a n
addi t ional vote for t h a t district Provided also w h e n a n y
premises
premises a re jo in t ly owned or occupied or held on lease by more persons t h a n one each of such jo in t owners occupiers or leaseholders shal l he ent i t led to vote in respect of such pre mises in case t he va lue of his indiv idual interest the re in separately t aken would unde r t h e provisions of t h e said section ent i t le h i m to vote if solely interested.
12. Eve ry person nevertheless shal l he disqualified who a t the t i m e e i ther of m a k i n g out t he said Lis t or of t h e election for his dis t r ic t is of unsound mind or in t h e receipt of aid from any char i table ins t i tu t ion or who has been a t t a in ted or convicted of t reason felony or o ther infamous offence in any pa r t of H e r Majes ty ' s dominions unless h e have received a free or condit ional pa rdon for such offence or have undergone t h e sentence passed on h i m And every person shall be incapable of vot ing who a t t h e t i m e e i ther of m a k i n g out such Lis t or of such election shall be in t h e Nava l or Mi l i t a ry Service on full pay not be ing in a n y Mil i t ia or Volun tee r Corps only A n d no
| Inspec tor General or Met ropo l i t an | Super in tenden t | of Police or paid |
Pol ice Magis t ra te or Super in tendent of Police nor any Clerk of P e t t y Sessions nor any clerk chief or other constable or person be long ing to t h e Constabulary Force shal l dur ing t h e t ime he shal l cont inue in any such office be capable of g iv ing his vote for t he election of a M e m b e r to serve in t h e Assembly nor shal l by word message wr i t ing or in any other m a n n e r endeavour to persuade any elector to give or dissuade a n y elector from giving his vote for any candidate A n d every person disqualified or incapaci ta ted who shall violate any of t h e provisions of th i s section shall forfeit t h e s u m of one hundred pounds to be recovered by any person who shall sue for t h e same by act ion of debt to be commenced wi th in six m o n t h s after t h e commission of the offence.
P A R T I I .
Electoral Lists and Rolls.
13. Subject to t h e provisions contained in t h e four teenth section
hereof for collecting t h e Lis ts and compil ing t he Rol ls for the purpose of holding general and other elections u n d e r th is Ac t du r ing t h e in terval ment ioned in t he said four t een th section t he following pro visions shal l t ake effect for t he purposes of all subsequent elections
| unde r | th i s | A c t — |
(a.) Before t h e first day of J a n u a r y in every year t he Court of P e t t y Sessions of every Police Dis t r ic t or por t ion of a Pol ice Dis t r ic t comprised in an Elec tora l Dis t r ic t shall appoint one or more m e m b e r s of t he Police Force to collect t h e Elec tora l Lists in such Pol ice Distr ic t or port ion thereof Al l such collectors shall be tween t h e first and t h e twen ty - e igh th day of J a n u a r y in every year m a k e out a lpha betical Lis ts numbered in regular a r i thmet ica l order accord ing to t h e form in Schedule B here to of persons qualified to vote wi th in the i r respect ive Electora l Dis t r ic ts for t he election of Members of t h e Assembly and such Lists shall i n t h e case where a n Electora l Dis t r ic t comprises more t h a n one Police Distr ic t or port ion of a Police Dis t r ic t be so ar ranged t h a t t he names of t h e electors qualified to vote in each such Police Dis t r ic t or por t ion thereof shall be placed toge ther in alphabet ical order according to t h e form in Schedule C hereto so as to form a dist inct division to be
designated
designated by the n a m e of t h e Police Dis t r ic t to which i t refers and t h e said a r i thmet ica l n u m b e r i n g shall be the re in pre
served E v e r y collector shal l t r a n s m i t a copy of such L is t to t he Governmen t P r in t e r w h o shal l p r in t t he same a n d forward a proof copy thereof to t he said collector w h o shal l for thwith compare such copy wi th t he or iginal in his posses sion and m a k e such correct ions the re in as m a y be necessary i n order t h a t t h e same m a y correspond accura te ly w i t h t he said original Lis t and shall the reupon certify such revised copy to be correct a n d shal l deliver i t t o t h e Clerk of P e t t y Sessions
of t he Police Dis t r ic t w h o shall for thwi th forward t h e Lis t so certified to t he Governmen t P r i n t e r to be pr in ted b y h i m A n d al l such copies of t he said certified List as m a y be requi red by Clerks of P e t t y Sessions for sale or exhib i t ion shal l be supplied by t h e Governmen t P r in t e r A n d every Clerk of P e t t y Sessions shall deliver a copy of any such Lis t to a n y person requ i r ing the same on t h e p a y m e n t for each copy of such s u m as m a y be fixed by Regu la t ions to be m a d e by t h e Governor and shall l ikewise cause copies of t h e certified L is t to be fixed on each Court -house wi th in t he Electora l Dis t r ic t thereof and in such o ther publ ic places as m a y by t h e Cour t of P e t t y Sessions be directed for t h e period of four teen days end ing on t h e four teen th day of Apr i l following A n d every collector so appointed shall before en te r ing on his dut ies m a k e and subscribe a declarat ion before a Ju s t i ce in t h e form of Schedule M here to which declarat ion shall be k e p t as of record
by t h e Cleric of P e t t y Sessions.
(b.) W h e r e a n E lec to ra l Dis t r ic t comprises several por t ions of one
or more Police Dis t r ic ts or where a Police Dis t r ic t comprises
several E lec tora l Dis t r ic t s or por t ions thereof t h e Governor
shall by P roc lamat ion publ i shed in t h e Gazette fix t h e Cour t or Cour ts of P e t t y Sessions wi th in any such Elec tora l Dis t r ic t by which the appo in tmen t of collector for t h e purposes of th i s A c t shal l be m a d e A n d t h e Clerk of every Cour t so appoin ted shall be t h e Clerk of P e t t y Sessions to w h o m all Lists shall be delivered a n d b y w h o m al l m a t t e r s shal l be done requi red b y
th is A c t to be done by a Clerk of P e t t y Sessions A n d if in
a n y Elec tora l Dis t r i c t t h e r e be no Cour t of P e t t y Sessions or
no Clerk of P e t t y Sessions t h e Governor in l ike m a n n e r shal l fix t h e Cour t of P e t t y Sessions a t wh ich a n d b y t h e c lerk whereof or t he person by w h o m as t h e case m a y be t h e dut ies
imposed u p o n t h e Clerk of P e t t y Sessions b y th is A c t shal l be performed. (c.)
E v e r y person omi t ted from a n y Lis t b u t ent i t led to have h is n a m e inser ted on the Lis t m a y or any o ther elector of t h e dis t r ic t m a y for h i m on or before t h e four teen th day of
Apr i l in any year give or t r ansmi t by post not ice in wr i t ing
thereof to t h e Clerk of P e t t y Sessions according to t h e form
of t he Schedule D here to And every person named in a n y
L i s t object ing to a n y o ther person as n o t ent i t led to h a v e his
n a m e re ta ined the re in shal l on or before t he said four t e e n t h day of Apr i l i n a n y year give or t r ansmi t b y post t o t he Clerk of P e t t y Sessions and to t h e person objected to a t his address as inser ted in t h e said L is t a not ice thereof in wr i t ing according to t h e form of Schedule E hereto A n d such Clerk shal l inc lude t h e names of all persons so c la iming to be inserted in a paper according to t h e form of Schedule F here to a n d t h e names of al l persons objected to in a p a p e r in t h e form of Schedule G hereto and shall cause copies of
such
such several papers to he fixed on t h e Cour t -house or other publ ic place as aforesaid d u r i n g fourteen days a t t h e least end ing on t h e s ix th day of M a y following A n d shal l keep copies of such papers respect ively to be perused by any person w i t h o u t p a y m e n t of any fee a t all reasonable hours du r ing t h e four teen days (Sunday excepted) end ing on t h e said s ixth clay of M a y a n d shal l deliver a copy of bo th or e i ther of such papers to any person requ i r ing t he same on p a y m e n t of a s u m to be prescribed by Regula t ions
u n d e r th i s Ac t .
(d.) Cour ts of Revision for revis ing t h e Lists shal l be he ld in every year by Jus t i ces in P e t t y Sessions a t the i r u sua l places of mee t ing or a t such o ther publ ic places as m a y be found convenient in and for every Police Dis t r ic t some t ime be tween the s ix th and t h e twen t i e th days of M a y inclusive and such Jus t i ces shall cause to be affixed conspicuously on t h e Cour t -house or place used as such w i th in the i r distr icts a t least t e n days before t he ho ld ing of t he Cour t of Revision a not ice u n d e r t h e h a n d of t h e Clerk of P e t t y Sessions of t he place and t i m e of hold ing such Cour t and also publ ish in t h e Gazette a notification of t h e t ime and place appoin ted for t h e ho ld ing of such Cour t A n d an open Cour t shall be he ld accordingly for t h e revision of t h e Lists and the Jus t i ces shall from day to day appoin t one of the i r own n u m b e r to preside a t such Cour t and in t h e event of a deficiency or expected deficiency of Jus t ices in any such district t h e Governor m a y appoin t any other person to perform a n y of t h e dut ies of Jus t ices in P e t t y Sessions u n d e r th is A c t Provided t h a t no candidate for election or M e m b e r of t h e Legis la t ive Counci l or Assembly shall t ake any pa r t in t he revision of a n y List or any par t thereof.
(e.) The Clerk of P e t t y Sessions shal l a t the opening of such Cour t of Revis ion produce t h e Lis ts and a copy of t h e papers so conta in ing t h e names of persons c la iming and of persons objected to A n d t h e pres iding Jus t ice shall inser t in t h e Lis t t he n a m e of every person c la iming as aforesaid to be inser ted who shal l be proved to t h e satisfaction of t he Cour t to be qualified and shal l re ta in on the Lis t t h e names of all persons to w h o m no objection shall have been duly made and the n a m e of every person objected to unless t h e p a r t y object ing shall appear by himself or by some one on his behalf in suppor t of such objection and shal l establish t he same by satisfactory proof A n d t h e pres iding Jus t i ce shal l e x p u n g e from t h e Lis t t h e n a m e of every person whose qualification shall be disproved or who shal l appear to be disqualified to t h e satisfaction of t h e Cour t or who shal l be proved to be dead and shal l correct a n y mis t ake or supply a n y omission proved to have been made in any such Lis t in respect of t h e n a m e or abode of any person included the re in or t h e na tu r e
or local descript ion of his qualification Provided t h a t no
person 's n a m e shall be inser ted by such J u s t i c e in any Lis t
or e x p u n g e d therefrom except in t he case of dea th unless not ice shal l have been given as aforesaid A n d t h e presiding Jus t i ce shal l in open Cour t wr i te his initials aga ins t every n a m e s t ruck ou t or newly inser ted and aga ins t a n y p a r t of a n y L is t in which any mis t ake shall have been corrected and shal l s ign his n a m e to every page of every L i s t so revised and no a l tera t ion in any Lis t shall be valid unless so initialled.
( f . )
I n Sydney t h e Jus t ices in P e t t y Sessions assembled m a y establish separate Courts of Revis ion each Cour t be ing
composed
composed of no t fewer t h a n th ree such Jus t ices a t such publ ic places as may be deemed convenient for t he several Electora l Dis t r ic ts comprised w i th in t h e Police Dis t r ic t of Sydney and shall appoint one of such Jus t i ces to be t he pre siding Jus t i ce a t each such Cour t a n d such Cour ts m a y
perform t h e same acts a n d dut ies a n d exercise t h e same author i t ies and powers as t h e Jus t i ces i n o ther districts a re hereinbefore directed and required to perform and exercise and m a y appoin t persons to perform the same acts and dut ies as a re hereinbefore appoin ted to be per formed by Clerks of P e t t y Sessions a t such Cour ts of Revis ion—and m a k e such other special provisions for t h e due prepara t ion a n d revision of the Lis ts as they m a y deem expedient A n d
t h e Pres id ing Jus t i ce a t such Courts of Revis ion for Sydney
m a y in every case unde r th is A c t do all t h a t is required to be done by t h e Pres id ing Jus t i ce a t any Cour t of Revision hereinbefore referred to in any l ike case. (g.)
N o person shal l be ent i t led to have his n a m e entered more t h a n once upon any Elec tora l Lis t no tw i th s t and ing t h a t he m a y be possessed of more t h a n one qualification wi th in t h e same Elec tora l Dis t r ic t and whenever it shall appear to any Revision Cour t t h a t any person is named more t h a n once in the same Electora l L i s t they shal l requi re h im if p resen t t o s ta te unde r which qualification he desires to r emain on t h e Lis t b u t if he shall not be present or shall fail to s ta te his preference t h e n the Court shal l re ta in t h a t en t ry of his n a m e which comes first on t h e List .
(h.) Eve ry Cour t of Revision shall have power to ad journ from
t i m e to t ime b u t no such adjourned Cour t shall be heldbeyond t h e twen t i e th day of M a y in a n y year A n d every
such Cour t shal l have t h e same powers as t h e Supreme Cour t to s u m m o n and e x a m i n e witnesses and to compel t he produc t ion of any books or documents re la t ing to any m a t t e r necessary for revising any Lis t in t h e same m a n n e r and by l ike process as any J u s t i c e by any law now or hereafter t o be in force is or shal l be authorized or empowered to do in cases of s u m m a r y convictions and orders A n d every person to w h o m any such s u m m o n s is issued shal l be en t i t l ed and subject to t he same r igh t s and liabilit ies in a l l respects as if such s u m m o n s h a d been issued on behalf of t he prosecutor
compla inan t or defendant .
(i.) If in a n y case it shal l appear to a n y Revision Court t h a t any person shall have m a d e or a t t e m p t e d to susta in a n y groundless or frivolous and vexat ious claim or objection t h e Cour t may order t h e p a y m e n t of such person of t he costs or of a n y par t of t h e costs of any and every person in res is t ing such claim or objection A n d in every such case t he Cour t shall m a k e an order in wr i t i ng specifying t h e s u m to be so paid and by and to w h o m a n d when and where t h e same shall be paid and shall date a n d sign the said order and deliver i t to t h e person to w h o m such s u m shall the re in be ordered to be paid.
(j.) I n case any s u m of money so ordered to be paid by a n y person shall no t be paid according to t h e t e rms of t he order any Jus t i ce m a y a n d shall u p o n proof before h im t h a t a t r u e copy of the order h a t h been served upon or left a t t he usua l place of abode of t h e person there in ordered to pay such s u m and t h a t t he said sum h a t h been demanded of such person and t h a t h e has refused or neglected to pay t h e same b y
war ran t
warrant under his hand and seal order such sum together with the costs of and attending such warrant to he levied by distress and sale of all such goods and chattels of the person so making default and the surplus if any after such sum of money and costs and the charges of such distress and sale are deducted shall he returned upon demand to the owner of such goods and chattels And no certiorari or other writ or process for the removal of any such order or warrant into the Supreme Court shall he allowed.
(k.) I n each Electoral District every Clerk of Petty Sessions shall on the earliest possible day after the twentieth day of May and not later than the twenty-sixth day of May in each year deliver the Lists revised as aforesaid to the Returning Officer of the Electoral District to which the same belong or relate And such Returning Officer after having received the List or Lists of the Electors for the whole of such Electoral District shall forthwith transmit the same or copies thereof to the Government Printer to he compiled by him where practicable in the form in Schedule C hereto hut otherwise in the form of a general alphabetical Roll of the Electors of the district numbered in regular arithmetical order And such Roll shall be the Roll of Electors entitled to vote in each Electoral District at all elections between the first day of June inclusive in the year in which such Poll shall have been made and the first day of June in the succeeding year both inclusive and shall be conclusive evidence of the title to vote of each elector therein named unless disqualified or incapacitated under this Act P u t if in any year the Roll for any Electoral District shall not be regularly made out or shall not be perfected the last perfected Roll shall wholly or in part as the case may require be used as the Roll for such year.
(l.) Subject to the provisions in this section contained it shall be lawful for the Governor to make Regulations prescribing the procedure and forms to be observed in and for the collection and compilation and transmission of Lists and Rolls respec tively the charges to be made on sales thereof and for all other purposes in connection with the printing of Lists and Rolls not hereinbefore specifically provided for.
14. For the purpose of holding any Election whether General
or otherwise between the date of the expiration or dissolution of this
present Parliament and the time when the first Electoral Rolls under
| authorities and matters required to be performed exercised and done | this Act shall be perfected but no longer the respective duties powers |
| by the several persons mentioned in the next preceding section shall be so performed exercised and done subject to the qualifications and provisions hereinafter contained :— |
(1.) The appointments of collectors mentioned in the thirteenth section hereof shall be made within ten days after the passing of this Act.
(2.) The Lists mentioned in such last-mentioned section shall be made out and be delivered to the Clerks of Petty Sessions as therein directed not later than the fifty-second day after such passing.
(3.) The exhibition of the printed copies as therein directed shall be for ten days only ending on the sixty-sixth day after the said passing.
(4.) Claims and objections under the said section shall be trans
mitted to the person therein named not later than the saidlast-mentioned sixty-sixth day. And the public notification
of
of such claims and objections directed in the said section shall be for ten days only ending on the eightieth day after such passing.
(5.) The Revision Courts provided by the said section shall be holden as therein directed between the said eightieth and ninetieth day after such passing and for the purposes of the revision of Lists the form of procedure hereinbefore provided shall be in all cases pursued by Justices and other persons.
(6.) The Clerks of Petty Sessions Returning Officers and Govern ment Printer shall respectively take such other measures under the direction of the Colonial Secretary for the time being not being in contravention of the provisions of this Act as to ensure the compilation of the Lists and their completion as Rolls on a day not later in any case than the one hundredth day after such passing as aforesaid.
(7.) All the provisions of this Part relating to the collection and compilation of Lists the holding of and procedure at Courts of Revision and the completion of Electoral Rolls shall subject to the provisions of this section be applied so far as practicable by all officers and persons whomsoever for the purpose of carrying out the meaning and objects thereof.
PART I I I .
Election Writs—Returning and Presiding Officers—Proceedings at Elections. 15. For the purpose of every General Election of Members to serve in the Assembly—and also in the case of any vacancy of a seat by death written resignation to the Governor or otherwise after such General Election and before the meeting of Parliament—the Writs for the several Electoral Districts shall be issued by the Governor Provided that all Writs for General Elections to the Assembly shall be issued within two clear days after the publication in the Gazette of the Proclamation dissolving Parliament and that such writs shall in every case be made returnable on a day not later than the thirty-fifth clear
day after the date of the issue thereof. 16. The day to be fixed for the meeting of Parliament after the return of Writs for General Elections shall not be later than the seventh clear day after the date on which such Writs shall have been made returnable as aforesaid.
17. When and so often as a vacancy shall occur in the Assembly upon a resolution by the Assembly declaring such vacancy and the cause thereof the Speaker shall cause a Wri t to be issued for supplying such vacancy and on the death or resignation of any Member the Speaker shall in like manner upon a resolution of the Assembly issue such Wri t and in case the Assembly be not in Session or when such vacancy occurs during any adjournment for a longer period than seven days he shall also issue the Writ.
18. If at the time of the occurrence of any such vacancy caused by death or resignation there be no Speaker and the Assembly be not in Session or if the Speaker be absent from the Colony the Governor shall if satisfied of the existence of such vacancy issue a Writ for the Election of a Member to serve in the seat so vacated.
19. The name of every person elected shall be indorsed on the Writ by the Returning Officer and the Writ shall be by him returned to the Governor or Speaker as the case may be within the time specified therein.
20. The Governor may appoint by writing under his hand a fit person to be the Returning Officer of each Electoral District such person being at the time of his appointment registered as an elector of the Electoral District for which he is to act and every such appoint ment shall be notified in the Gazette And in case of sickness or other accident disabling any Returning Officer from acting at any Election the Governor may appoint some person so qualified to be and to act as Returning Officer in his stead.
21. Every person appointed Returning Officer Presiding Officer
or Poll Clerk under this Act shall before he enter on the duties of such office make and subscribe a solemn declaration before some Justice in the form of Schedule I I hereto And such Justice shall transmit the declaration so made by the first convenient opportunity to the Colonial Secretary.
22. The Governor may by notice in the Gazette from time to time appoint places for taking the Poll.
23. All Writs for the Election of Members to serve in the Assembly shall be directed to the Returning Officers of the respective Electoral Districts And in every such Writ shall be named the day and place of nomination for the Election the day for taking the poll at the several polling-places in the event of the Election being contested and the day on which the Wri t shall be returnable to the Governor or Speaker as the case may be.
24. Each Returning Officer shall indorse upon the Wri t so directed to him the day on which he receives it and shall forthwith give public notice of the day and place of nomination and of the day of polling mentioned in such Wri t and of the several polling-places and shall also as soon as possible give public notice of any polling-place appointed after the issue of this Writ And public notice for the purpose of this section shall mean notice in any newspaper published in the Electoral District to which such writ relates or if there be none such then in any newspaper circulating in such district or failing that then by the exhibition of printed or written placards in such places as the Returning Officer may think most likely to attract notice.
25. Before any candidate is proposed at any such nomination it
shall be necessary for him or some one on his behalf to deposit in the
hands of the Returning Officer at such election the sum of forty
pounds to be dealt with as hereunder provided and no person who
shall not have been so nominated or by or for whom or on whose
behalf such payment shall not have been so made shall be or be deemed to be a candidate at any election for the purposes of this or the said Act.
26. I n case any candidate or candidates at any election shall not afterwards receive at the same a number of votes equal at least to one-fifth part of the votes received by the successful candidate if only one or by such one of the successful candidates if there shall be more than one as shall have received the smallest number of votes the money so deposited shall be paid by the Returning Officer to the Colonial Treasurer for the time being and shall form part of the Consolidated Revenue of the said Colony P u t the Returning Officer shall repay to the successful candidate or candidates and to any and every candidate or candidates who shall so have received a number of votes equal at least to such fifth part whether declared elected or not all moneys so paid by or for him or them respectively In the event of there being no contest the deposit shall be returned to each declared Member.
x 27. 27. At every nomination of candidates for any Electoral District it shall be necessary to the validity of such nomination that each candidate shall be proposed by a person qualified to vote for such electoral District and be seconded by another person qualified in like manner.
28. On the day of nomination named in the Wri t the Returning Officer shall preside at a meeting to be holden at noon at the place named for that purpose in the Wri t and shall declare the purpose for which such meeting is held And if no more candidates be then proposed than the number of Members to be returned the Returning Officer shall declare the candidate or candidates proposed to be duly elected and make his return accordingly And if more than such number be proposed the Returning Officer shall call for a show of hands separately in favour of each candidate and shall declare the result of such show of hands and shall make his return accordingly unless a poll be then and there demanded by some candidate or by not fewer than six electors of the Electoral District And if such demand be made for a poll the polling shall take place by ballot at the polling-places for such district on the day appointed in the Writ for that purpose.
29. I n the event of there being more candidates so nominated than the number to be returned at any election and a poll being demanded the Returning Officer shall cause booths to be erected or rooms to be hired and used as such booths in one place or in several places at each polling-place as occasion may require and the same shall be so divided and allotted into compartments as to the Returning Officer shall seem most convenient and he shall appoint Clerks to take the poll and shall before the day fixed for taking the poll cause to be furnished for the use of each booth or polling-place a copy of the Roll of the Electoral District certified under his hand to be true and all expenses which the Returning Officer shall necessarily incur in and about such election under the provisions of this enactment or other wise howsoever shall be defrayed out of the Consolidated Revenue Fund under Warrant in the usual manner.
30. The Returning Officer of each Electoral District shall pre side at one polling-place within or belonging to his district and shall appoint such other Presiding Officers and such Polling Clerks as may be required for taking the poll at the other polling-places And in case of any Returning Officer or Presiding Officer being prevented from attendance by illness or other sufficient cause he may appoint by writing under his hand a substitute to act for him who shall have full power and authority to do all things required by this Act
implied by the term " Presiding Officer " whenever herein used And to be done by his principal at his polling-place only and shall be if by reason of the absence of the Presiding Officer the poll shall not be taken at any polling-place the election shall not be therefore void but it shall be lawful for the Returning Officer to appoint another day not later than thirty days from the day named in the Writ for taking the poll at such polling-place of which due notice shall be publicly given and the poll shall be taken accordingly and be deemed to have been taken on the day first appointed.
31. Before and in time for every such Election the Returning
Officer shall cause to be printed or written ballot-papers according to the form of Schedule I hereto And shall supply to the Presiding Officer of each polling-place so many of such ballot-papers as shall be fully equal to the number of electors likely to vote at such polling-place And shall keep for himself a sufficient number for the polling-place at which he is to preside.
32. At every booth or polling-place there shall be one or more
compartments or ballot-rooms provided with all necessary materialsfor the purpose of enabling the electors to mark the ballot-paper as
hereinafter
hereinafter provided And in the said booth or polling-place no person shall be entitled to be present other than the Presiding Officer the Poll Clerk and the Scrutineers of the several candidates to be appointed as hereinafter provided and the electors who shall at that time be voting And every person who shall intrude into such booth or polling-place other than such Presiding Officer Poll Clerk Scrutineers and electors actually voting shall be deemed guilty of a misdemeanour Provided always that it shall be lawful for the Presiding Officer or Poll Clerk to summon to his assistance in such booth or polling-place any members of the police force for the purpose of preserving the public peace or preventing any breach thereof and for removing out of such booth or polling-place every person who may in his opinion be obstructing the polling or wilfully violating any of the provisions of this Act.
33. The Presiding Officer shall provide a locked box of which he shall keep the key with a cleft or opening in such box capable of receiving the ballot-paper folded as hereinafter mentioned which box shall be open to inspection by the Poll Clerks and Scrutineers previously to its being locked for receiving the ballot-papers and such box shall stand upon the table at which the Presiding Officer or Poll Clerk and Scrutineers preside and are placed And each elector having previously satisfied the Presiding Officer that he is entitled to vote at such Election shall then receive from the Presiding Officer or Poll Clerk one of the ballot-papers initialled by the Presiding Officer at the time of the delivery of which ballot-paper to any elector the Presiding Officer or Poll Clerk shall upon a certified copy of the Electoral Poll make a mark against the name of such elector which mark shall be prima facie evidence of the identity of such elector with the person whose name shall be so marked on the Electoral Pol l and of the fact of his having voted at such election.
34. Every such elector shall in one of the compartments or ballot- rooms provided for the purpose strike out from his ballot-paper the names of such candidates as he does not intend to vote for and shall forthwith fold up the same in such manner as will conceal the names of the candidates and shall deposit it in the ballot-box in the presence of the Presiding Officer Provided that while an elector is in the compartment or ballot-room preparing his ballot-paper no other person shall be allowed in such compartment or ballot-room Pro vided nevertheless that in case any elector shall be unable to read or shall be blind he shall signify the same to the Presiding Officer who shall thereupon in the booth or polling-place and in presence of
| the Scrutineers if any strike out the names of such candidates as | the elector shall express his wish to have struck out And no elector | |
| shall take out of such booth or polling-place any such ballot-paper either before or after the same has been so marked And any elector wilfully infringing any of the provisions of this section or obstructing the polling by any unnecessary delay in performing any act within the ballot-room shall be deemed guilty of a misdemeanour. | ||
| 35. At every poll the voting shall commence at eight o'clock in the forenoon and shall finally close at four o'clock in the afternoon of the same day unless adjourned as hereinafter provided by reason of riot or other interruption And every elector may vote for any number of candidates not exceeding the number of Members then to be chosen and any ballot-paper containing a greater number of names of candidates or without the initials of the Presiding Officer shall be rejected at the close of the poll. | ||
| 36. Each candidate may appoint one person to bo Scrutineer at each booth or polling-place at the election and every person so appointed Scrutineer shall upon his appointment make and subscribe a solemn declaration in the presence of the Presiding Officer in the form of | ||
|
37. No inquiry shall he permitted at the time of polling as to the right of any person to vote except only as follows that is to say the Presiding Officer shall if he think fit or if required by any Scrutineer put to any elector before he shall have voted and not afterwards the following questions or either of them and no other that is to say—
1st. Are you the same person whose name appears as (A B No—) on the Roll in force for this Electoral District ?
2nd. Have you already voted either here or elsewhere at the present election for this Electoral District ?
No person so required to answer the said questions or any of them shall be permitted to vote unti l he shall have satisfactorily answered the same The Presiding Officer shall if he think fit or if called upon so to do by any Scrutineer require any person tendering a ballot-paper to make a solemn declaration against bribery in the form of Schedule L hereto.
38. Every person who shall wilfully make a false answer to any of the questions aforesaid or who shall wilfully make any false declara tion in manner aforesaid or shall wilfully make any false statement orally or in writing in any Court of Revision in anywise affecting or relating to the qualification of himself or any other person shall on conviction thereof be liable to be punished as for wilful and corrupt perjury.
39. No elector shall at any election be required to take any oath affirmation or declaration except as aforesaid And no person claiming to vote at any election shall be excluded from voting thereat except by reason of its appearing to the Presiding Officer upon putting such questions or either of them that he is not the person whose name appears on the Roll or that he has previously voted at the same election within the same district or otherwise contrary to this Act or except by reason of such person refusing to answer either of the said questions or to make the said declaration.
40. Each Presiding Officer other than the Returning Officer shall immediately on the close of the poll in the presence of the Poll Clerk and also such of the Scrutineers as may desire to attend examine and count the number of votes for each candidate and shall then seal up all the ballot-papers which have been taken at the polling place whereat he presided together with all books kept by him during the polling and shall with the least possible delay deliver them or cause them to be delivered together with the Roll supplied to him and signed by him and the Poll Clerk or Clerks to the Returning Officer And shall at the same time transmit to such Returning Officer a written
statement signed by such Presiding Officer and countersigned by his
Poll Clerk and any Scrutineers who may be present containing the numbers in words as well as figures of the votes for each candidate so counted as aforesaid And shall by the next possible opportunity thereafter also transmit a duplicate of such statement signed and countersigned as aforesaid.
41. Every Returning Officer shall at the close of the poll in the
presence of his Poll Clerk and of such Scrutineers as may attend examine and count the number of votes for each candidate at his own polling-place and after making and signing a like statement of such numbers and procuring like counter-signatures thereto as aforesaid shall seal up all the ballot-papers and books taken and kept at his own polling-place And as soon as possible after he shall have received the ballot-papers taken by the other Presiding Officers and the several statements of the number of votes transmitted by them as aforesaid he shall from his own and such other statements and without reopening any sealed ballot-papers ascertain the gross number of votes for each candidate And the Returning Officer shall then at the place
of
of nomination openly declare the general state of the poll as the same shall have been so made up And shall at the same time and place declare the names of the persons elected And in the event of the number of votes being found to have been equal for any two or more candidates he shall by a casting vote decide which shall be elected Provided that no Returning Officer shall vote at any election for the Electoral District of which he is the Returning Officer except in the case of an equality of votes as aforesaid.
42. Where the proceedings at any election shall be interrupted or obstructed by any riot or open violence the Presiding Officer shall not for such cause finally close the poll but shall adjourn the poll at the particular polling place at which such interruption or obstruction shall have happened to the following day and if necessary shall further adjourn such poll from day to day until such interruption or obstruction shall have ceased when the Presiding Officer shall again proceed with the business of taking the poll at the place at which the same may have been interrupted or obstructed And any day whereto the poll shall have been so finally adjourned shall as to such place be reckoned the day of polling at such election within the meaning of this Act Provided that no adjournment shall be made to any day beyond that named as the return day in the Wri t And if the election shall not have been completed by that day the Returning Officer shall specially return that fact And where any such poll shall have been adjourned by any Presiding Officer other than the Returning Officer he shall forthwith give notice of such adjournment to the Returning Officer who shall not finally declare the state of the poll or the name or names of the Member or Members chosen until the poll shall have been finally closed and the balloting papers or statement of numbers hereinbefore mentioned delivered or transmitted to such Returning Officer And every Presiding Officer shall have power and authority to maintain and enforce order and keep the peace at the election held by him and to cause to be arrested and taken before a Justice of the Peace any person reasonably suspected of personating or attempting to personate any other person for the purpose of voting at such election or who shall vote or attempt to vote a second time or who shall cause a disturbance And every person so offending shall be deemed guilty of a misdemeanour.
43. All the ballot-papers so sealed up as aforesaid shall by the Returning Officer be transmitted to the Clerk of the Assembly who shall safely keep the same for five years after the receipt thereof and the sealed packets containing the same shall on the outside thereof
| which they relate and be signed by such Returning Officer And in | be described to be the balloting-papers of the Electoral District to | |
| case any question shall at any time arise touching the number of votes alleged to have been given at any election the ballot-papers shall be received in evidence as proof of such number of votes in any Court of Justice upon production thereof together with a certificate thereon under the hand of the Clerk of the Assembly that the same was trans mitted to him in due course by the Returning Officer of the Electoral District to which the same relates. | ||
| 44. No election for any Electoral District shall be void in consequence solely of any delay in the holding of the election at the time appointed or in the taking of the Poll or in the return of the Writ or in consequence of any impediment of a merely formal nature And the Governor may adopt such measures as may be necessary for removing any obstacle of a merely formal nature by which the due course of any election might be impeded Provided that the validity of such election and the measures so taken shall be forthwith declared by the Governor by a Proclamation for that purpose published in the | ||
|
45. All and each of the following acts shall be deemed and taken to be corrupt practices that is to say :—
(1.) Giving money or any other article whatsoever to any elector with a view to influence his vote.
(2.) Holding out to any elector any promise or expectation of profit advancement or enrichment to himself or to any of his family or kindred friends or dependants in any shape in order to influence his vote
(3.) Making use of any threat to any elector or otherwise intimi dating him in any manner with a view to influence his vote
(4.) Treating any elector or supplying him with meat drink lodging or horse or carriage hire or conveyance by steam or otherwise whilst at such election or whilst engaged in coming to or going from such election at the expense or by the authority of the candidate or with a view to influence the vote of such elector
(5.) Payment to any elector of any sum of money for acting or joining in any procession during such election before or after the same(6.) Keeping open or allowing to be kept open at the expense or by the authority of the candidate or with a view to influence the vote of any elector any public-house shop booth or tent or place of entertainment whether liquor or refreshment of any kind be distributed at such place of entertainment or not
(7.) Giving any dinner supper breakfast or other entertainment at any place whatsoever to any number of electors with a view of influencing their votes
And no action or suit shall be maintainable by any publican or any owner or keeper of any shop booth tent or other place of entertainment against any candidate or any agent of any such candidate for any liquor food or refreshment of any kind whether for man or beast supplied upon the credit of any such candidate or agent as aforesaid during the progress of any election.
46. The commission of any of the said last-mentioned acts shall be held to render void the election of the person committing such act and to disqualify him from sitting and voting in the Assembly during the whole period that may intervene between the commission of the same and the time of the next General Election And the act of every authorized agent of a candidate if proved to have been committed with the knowledge and consent of such candidate shall for the purposes of this Act be held to be the act of such candidate.
47. Every person whether or not such an authorized agent who practices shall be deemed guilty of a misdemeanour and may be indicted
shall have committed any of the acts hereby declared to be corrupt
in the Supreme Court or in any Circuit Court and punished with fine not exceeding two hundred pounds or imprisonment not exceeding six months on the complaint of Her Majesty's Attorney General or of any registered elector of the Electoral District wherein such corrupt practice shall be alleged to have been committed.
48. Every person who having or claiming to have any right to vote in any election of a Member of Assembly for any Electoral District shall directly or indirectly ask receive or take any money or other reward by way of gift employment or other reward whatsoever for himself or any of his family or kindred friends or dependants as a consideration or inducement expressed implied or understood for giving his vote or for abstaining from giving his vote in any such election and every person who by himself his friends or by any person employed by him shall by any gift or reward or by any promise or agreement or security for any gift or reward procure any person to give his vote in any such election or to abstain from giving the same shall for
every
every such offence forfeit the sum of fifty pounds to the person who shall bond fide for his own use and not collusively first sue for the same.
49. Every person who shall vote a second time or attempt to vote a second time at the same election for the same Electoral District or who shall personate or attempt to personate any other person for the purpose of voting at any election or who being disqualified for any of the causes mentioned in this Act shall vote or attempt to vote at any election shall be guilty of a misdemeanour and upon conviction shall be lined in any sum not being less than fifty and not exceeding two hundred pounds or be imprisoned with or without hard labour for any term not less than six months and not more than three years at the discretion of the Judge who shall try the case and in default of payment of any fine so imposed the Judge shall have power to sentence the offender to imprisonment for any term not less than six months and not more than three years.
50. Every Returning Officer who after having accepted office as such shall wilfully neglect or refuse 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 two hundred pounds And in like manner every Justice Presiding or other Officer or person whO shall wilfully neglect or refuse 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 the said penalties to be recovered with full costs of suit by any person who shall sue for the same within six months after the commission of the offence Provided that the Governor may mitigate or wholly remit any such penalty or forfeiture.
51. Every person who shall wilfully mislead any collector or Clerk of Petty Sessions in the collection or preparation of the Lists or who shall wilfully cause any false or fictitious name or qualification to be inserted therein shall on conviction of any such offence before any two or more Justices in Petty Sessions be liable to a penalty not exceeding fifty pounds or to imprisonment for any term not exceeding three months at the discretion of such Justices.
52. No prosecution or other legal proceeding whatsoever for any offence alleged to he committed or for the recovery of any penalty alleged to be incurred under this Part shall be commenced after the expiration of six months from the commission of such offence or the incurring of such penalty.
| 53. Whenever any matter or thing is by this Part directed be Sunday Good Friday Christmas Day or any public holiday such | to be done or to take place on a certain day and that day happen to |
| matter or thing may be done or take place on the next day not being any such as aforesaid And all further changes of time rendered necessary by any such alteration may also lawfully be made. |
51. No election under this Act or the "Electoral Act of 1858 "
shall be liable to be questioned by reason of any defect in the title or any want of title of any person by or before whom such election shall have been holden if such person shall have really acted at such election nor by reason of any formal error or defect in any declaration or other instrument or in any publication under this Act or intended so to be nor by reason of any such publication being out of time.
P A R T IV. PART IV.
Committee of Elections and Qualifications.
55. In the first Session of every Assembly and within seven days after the election of a Speaker and in every subsequent Session within seven days after the commencement thereof or in either case at any later period with the leave of the Assembly the Speaker shall by Warrant under his hand appoint seven Members of the Assembly against whose return no Petition is then pending and none of whom is a party to any Petition complaining of any election or return to be Members of a Committee to be called " The Committee of Elections and Qualifications" And every such Warrant shall be laid on the Table of the Assembly and if not disapproved by the Assembly in the course of the three next days on which the Assembly meets for the dispatch of business shall take effect as an appointment of such Com mittee Provided that every Member who shall become a party to any Petition complaining of an undue election or return or respecting whose return qualification or disqualification an inquiry is pending shall for the time be disqualified to serve on such Committee.
56. If the Assembly disapprove of any such Warrant the Speaker shall on or before the third clay on which the Assembly meets after such disapproval lay upon the Table of the Assembly a new Warrant for the appointment of seven Members qualified as aforesaid and so from time to time until seven Members have been appointed by a Warrant not disapproved by the Assembly Provided that the dis approval of any Warrant may be either general in respect of the constitution of the whole Committee or special in respect of any par ticular Member named in the Warrant and that the Speaker may if he think fit name in the second or any subsequent Warrant any of the Members named in any former Warrant whose appointment has not been so specially disapproved of.
57. After the appointment of the said Committee every Mem ber appointed shall continue to be a Member thereof until the end of that Session or until he cease to be a Member of the Assembly or unless and until the Committee report that he is disabled by continued illness from attending the Committee or until the Committee be dis solved as hereinafter provided or until he resign his appointment (which he may do by letter to the Speaker) but which resignation shall not take effect until the appointment of another Member in his
the continued absence of more than two of its Members or by reason place. 53. If the said Committee at any time report that by reason of of irreconcilable difference of opinion the Committee are unable to proceed satisfactorily in the discharge of their duties or if the Assembly resolve that the said Committee be dissolved the same shall be forth with dissolved and every re-appointment of the said Committee after the dissolution thereof as well also as every appointment to supply a vacancy in the Committee by resignation or otherwise shall be made by the Speaker by Warrant under his hand laid upon the Table of the Assembly on or before the third day on which the Assembly meets after the dissolution of the Committee or notifica tion of the vacancy made to the Speaker as the case may be And such Warrant shall be subject to the disapproval of the Assembly in like manner as is hereinbefore provided in the case of the appointment of the first Committee And upon any re-appointment of the said Committee the Speaker may if he think fit re-appoint any of the Mem bers of the former Committee who are then not disqualified to serve thereon And every such new Committee or new Member shall have
power
power to take up and continue the business which may have been pending at the time of the dissolution or vacancy as aforesaid in the same manner as might have been done by the Committee as previously constituted and composed.
59. The Speaker shall appoint the time and place of the first meeting of the said Committee and the Committee shall meet at the time and place so appointed but no Member shall act upon the said Committee until he shall have been sworn at the Table of the Assembly by the Clerk well and truly to try and determine the matter of any petition and other question referred to the said Committee and a true judgment to give according to the evidence and truly and faithfully to perform the duties appertaining to a Member of the said Committee to the best of his judgment and ability without fear or favour and the said Committee shall not be competent to transact any business unless at the least five Members thereof shall be present together.
60. The said Committee shall have power to adjourn their sittings from time to time as they shall think proper Provided that the interval of adjournment shall not in any instance exceed seven days unless by leave first obtained from the Assembly upon motion (with out notice) and special cause assigned for such adjournment And in case five Members shall not have met together within one hour of the time appointed for an original or adjourned meeting it shall be competent to the Members present to adjourn within the limits and subject to the restrictions aforesaid And the said Committee shall select their own Chairman from time to time and shall have power to regulate the form and manner of their own proceedings Provided that such pro ceeding shall be conducted openly except when the Committee shall think it necessary to deliberate among themselves before or after hearing evidence and argument if offered and all questions before the Committee shall be decided by a majority of voices and whenever the voices are equal the Chairman shall have a second or casting voice and no Member of the Committee shall refrain from voting on any question on which the Committee may divide And the said Committee shall be attended by one of the Clerks of the Assembly and such Clerk shall make a minute of all proceedings of the Committee in such form and manner as shall be from time to time directed by the said Committee and a copy of the minutes so kept shall be laid from time to time be fore the Assembly.
61. The said Committee shall have power to inquire into and
determine upon all Election Petitions and upon all questions which
may be referred to them by the Assembly respecting the validity of
any election or return of any Member to serve in the Assembly
whether the dispute relating to such election or return arise out of an error in the return of the Returning Officer or out of the allegation of bribery or corruption against any person concerned in any election or out of any other allegations calculated to affect the validity of such election or return and also upon all questions concerning the qualifica tion or disqualification of any person who shall have been returned as a Member of the Assembly And in the trial of any such questions the Committee shall be guided by the real justice and good conscience of the case without regard to legal forms and solemnities and shall direct themselves by the best evidence they can procure or which is laid before them whether the same be such evidence as the law would require or admit in other cases or not Provided that the said Committee may receive or reject as they may deem fit any evidence tendered to them.
62. The said Committee shall determine finally on all questions
referred to them and if they shall determine and report to the Assembly
Y. that that a person was not duly elected who was returned as elected by the Returning Officer the person so declared not to be duly elected shall cease to be a Member of the Assembly and if they shall determine and report any party to have been duly elected who was not returned by the Returning Officer the person so declared shall be sworn a Member of the Assembly and take his seat accordingly and if the said Com mittee shall declare any election to have been wholly void or shall de clare any sitting Member to be unqualified or disqualified the Speaker may issue a new Writ for the holding of another election and the person thereafter elected and duly returned shall be the Member for the Electoral District concerned and if the Committee shall come to any resolution other than the determination above-mentioned they shall if they think proper report the same to the Assembly for its opinion at the same time that they inform the Assembly of such deter mination and the Assembly may confirm or disagree with such resolu tion and make such order thereon as shall seem proper.
63. Every Petition complaining of the undue election or return of a Member to serve in the Assembly or complaining that no return has been made according to the requisition of the Wri t issued for the election of a Member to serve in the Assembly or complaining of any special matter contained in any such return shall be subscribed by some person who voted or had a right to vote at the election to which the same relates or by some person claiming to have had a right to be returned or elected thereat or alleging himself to have been a candi date at the election and shall in the case of a General Election be addressed to the Governor and in the case of elections to supply vacancies shall be addressed to the Speaker and shall be presented to the Governor or Speaker within eight weeks after the day of the return of the Writ to which such petition shall relate And every such petition shall be forthwith notified in the Gazette and shall as soon as conveniently may be after such presentation be laid by the Governor or the Speaker before the Assembly and shall by the Assembly be referred to the "Committee of Elections and Qualifications" either forthwith or as soon as the said Committee shall have been duly appointed and confirmed.
64. I t shall be competent to the Assembly upon any petition subscribed as aforesaid and presented to the Speaker to refer such petition and the question thereby raised to the said Committee and the Assembly shall also have power upon the like petition to refer to the said Committee all questions respecting bribery or corruption alleged to have been committed at any election at any time within twelve
months after such election notwithstanding that the period in either of
the above cases shall have elapsed for a petition against the election or the return thereof according to the provisions hereinbefore in that be
half contained.65. Before presenting any such petition as aforesaid to the Governor or Speaker the person by whom the same shall be subscribed shall pay into one of the Banks regulated by law within the said Colony or into a branch thereof a sum of one hundred pounds to the credit of the Speaker in relation to the said petition which sum shall be payable towards the cost of the petition as hereinafter regulated and shall be liable to be withdrawn upon the order of the Speaker either for the purpose of such payment or for the purpose of restoring the same to the petitioner wholly or in part as the case may require.
66. Every such petition shall have annexed thereto a Bank deposit receipt for the sum of one hundred pounds so deposited and shall contain a recital of the fact and particulars of such deposit And any petitioner who shall wilfully annex to any such petition a false receipt or who shall wilfully make in any such petition any false recital
shall be deemed guilty of forgery. 67.
67. All persons subscribing any such petition shall be deemed to be parties to the reference and the sitting Member to whose election any such petition relates or any person who voted or who had a right to vote thereat or any person complained against in any such petition may within four weeks after presentation thereof by notice in writing to the Speaker be admitted as a party to support or to oppose the same or to defend the return of the sitting Member as the case may be and every person so admitted shall be deemed to be a party to the reference.
68. The parties to any such reference may at any time after presentation of the petition so referred jointly or severally withdraw their support or opposition as the case may be by written notice to that effect under their hands or under the hand of their agent to the Speaker and also to the sitting Member whose election or return has been complained of or his agent and also to the adverse parties or their agent and in all such cases the parties so withdrawing shall be liable to the payment of all such costs and expenses incurred by any of the adverse parties as the Committee in its discretion shall deem reasonable and just.
69. I t shall be lawful for the Committee to determine and re port to the Assembly upon all Petitions so referred and in all cases to award payment of such costs or expenses incurred by any of the parties as the Committee in its discretion shall deem reasonable and just and to name the parties in each case who shall be liable for such payments and the parties (if any) to whom such payments are to be made.
70. Whenever no adverse party shall have been admitted as aforesaid and it shall appear to the Committee that the sitting Member whose election has been complained of or his authorized agent has been guilty of vexatious or corrupt conduct in respect of the election to which the petition relates such Member shall be liable for the pay ment of all such costs and expenses incurred by any of the parties supporting the petition as the Committee in its discretion shall deem reasonable and just.
71. Whenever it shall appear to the Committee that a petition
so referred to them was frivolous or vexatious or altogether groundless or not sufficiently sustained by evidence it shall be lawful for the said Committee to impose upon any of the parties supporting the petition such penalty (not exceeding fifty pounds) as the Committee shall in their discretion deem reasonable and just and such penalty shall be paid by any such parties named by the Committee to the Clerk of the
| as all costs and expenses awarded by the Committee are hereinafter | Assembly and may be recovered by the said clerk in the same manner |
| directed to be recovered And the money so recovered shall after deducting costs and expenses necessary for the recovery thereof be paid to the Colonial Treasurer for the public uses of the Colony and in support of the Government thereof. | |
| 72. The said Committee shall upon application made to them deliver to any witnesses summoned before the Committee or to any other person entitled under the provisions of this Act to costs and expenses or to the Clerk of the Assembly in case any penalty shall have been awarded a certificate thereof signed by the Chairman of the said Committee expressing the amount of the costs and expenses allowed or of the penalty awarded with the name of the party liable to pay the same and the name of the party entitled to receive the same and such certificate shall be conclusive evidence for all purposes what ever as well of the amount of the demand as of the title of the party therein named in that behalf to recover the same from the party therein stated to be liable to the payment thereof. |
73. The Speaker may by order under his hand direct the payment of the said sum of one hundred pounds deposited according to the provisions hereinbefore contained or a sufficient portion or propor tionate part thereof to any party who by such certificate shall appear to be entitled to recover costs and expenses or any penalty as against the person by whom such deposit was made And the party entitled to any such costs expenses or penalty under such certificate may recover the same or so much thereof as shall not be paid out of any such deposit from the party liable to pay the same And if the party liable to pay such costs expenses or penalty shall not upon demand being made within seven days thereafter pay the same the Speaker shall by Warrant under his hand directed to the Sheriff of the said Colony command the said Sheriff to levy for the amount named in such Warrant upon the lands goods and chattels of the party liable to pay the same and therefore the said Sheriff shall forthwith levy for the said amount and when the same shall be recovered pay over the same to the party entitled thereto And any person from whom the amount of such costs expenses or penalty shall have been recovered or who shall have paid the same on demand thereof shall be entitled to recover in any Court from the other persons (if such there be) who arc liable to the payment of the same a proportionate share thereof according to the number of persons so liable and according to the extent of the liability of each person Provided that in every case in which the Committee of Elections and Qualifications shall finally determine and report to the Assembly upon any such Petition without making any award as to costs or expenses or imposing any penalty the Speaker shall upon demand of the depositor return to him or his agent the sum of one hundred pounds so deposited as aforesaid.
74. The said Committee shall have power to direct the atten dance of witnesses and to examine them upon oath (which oath it shall be competent for any member of the said Committee to administer) and also to send for and examine papers records and other documentary evidence and it shall be competent to the said Committee if they shall think fit to receive affidavits relative to any of the matters referred to them taken before any Justice (which affidavits such Justice is hereby authorized to take) And if any person summoned by the Committee shall disobey such summons or shall refuse or neglect to produce any papers records or other documentary evidence relating to or affecting the matter under investigation which shall have been sent for by the said Committee or shall refuse to submit himself to examina tion or shall give false evidence or prevaricate or otherwise mis
conduct himself in giving or refusing to give evidence he shall be
deemed guilty of a misdemeanour and be liable accordingly And any
person wilfully or knowingly giving false evidence before the said Committee or a quorum thereof or in any such affidavit shall be deemed guilty of wilful and corrupt perjury Provided that in any case where a witness if examined before the Supreme Court would be permitted to make a solemn declaration or to give evidence in any other way than upon oath a witness summoned under this Act shall be allowed to give evidence in like manner by declaration or otherwise.
SCHEDULES.
SCHEDULES.
SCHEDULE A.
1 . ALBURY.
Embracing the town of Albury and a south-western portion of the county of Goulburn Murrumbidgee Pastoral District Commencing on the Murray Paver at a point where the eastern boundary of the parish of Bowna meets it being the southern extremity of the east boundary of portion one hundred and ten of that parish John Hore's three hundred and twenty acres bounded thence by eastern and northern boundaries of that parish northerly and westerly to Bowna Creek thence by that creek upwards to its junction with Pour-mile Creek and by Pour-mile Creek upwards to a point due south of the south-east corner of portion two hundred and five parish of Jindera Ellen Sweeney's twenty-nine acres thence by a line and the east boundary of that portion bearing north to its north-east corner thence by the north boundary of that portion and the general cemetery at Jindera west to the road leading to How long thence by that road westerly to the west boundary of the county of Goulburn by that boundary northerly to a point where it meets the north boundary of the parish of Moorawatha county of Hume near the Huon trigonometrical station thence by the northern boundary of the parish of Moorawatha westerly to the cast boundary of the parish of Morebringer thence by that boundary the north-east and cast boundaries of the parish of How long southerly to the Murray Paver and by that river upwards to the point of commencement ... ... ... ... ... ... ... . . . ...
6 7 . TUMUT.
Embracing part of the Murrumbidgee pastoral district bounded on the west by a spur range which commences on the Murrumbidgee at the lower end of Jones's Flat and forms the boundary between Hilas's Yabtree and Gordon's Boramboola Run from a point where the south boundary of the parish of Mundarlo county of Wynyard meets it and bounded thence by that range until the spur branches which leads over Bago Hill and terminates on the Tarcutta Creek about one mile below the Bago Hill Inn thence crossing the Tarcutta Creek and immediately ascending the spur range which joins the main range between the Murray and Murrumbidgee Rivers on the south by that range easterly to the Great Dividing Range and on the east by the Great Dividing Range northerly the range dividing the waters of the Tumut and the Goodradigbee Rivers the range dividing the waters of Adjungbilly Creek from those of the Goodradigbee River and Macpherson's Swamp to the south boundary of the parish of Childowla county of Buccleuch thence by the south and west boundaries of that parish the south boundary of the parish of Nanangroe the east and part of the south boundary of the parish of Goobarralong the east and south boundaries of the parish of Darbalara to the Tumut River by the Tumut River upwards to the south boundary of the parish of Tarrabandra county of Wynyard thence by the south boundary of that parish the south boundary of the parish of Willie Ploma the south and part of the west boundary of the parish of Bangus and the south boundary of the parish of Mundarlo to the point of commencement
6 8 . WELLINGTON.
Embracing the western portion of the County of Wellington the southern
portion of the county of Bligh a portion formerly in the pastoral district of Blighwhich is now within the Settled Districts and a portion of the pastoral district of
Wellington and bounded on the north from Wialdra Creek near its confluence with
the Cudgegong River by a road north-westerly from Guntawang to Cobbora to the rangeforming the western boundary of the county of Bligh by that range which partly divides the waters of the Talbragar and Macquarie Rivers south-westerly to within ten miles of the town of Wellington and by the boundary of the Settled Districts (being a curved line including all lands within ten miles from any point of the outward limits of the said town) westerly to the Macquarie River thence by that river downwards to the Little River thence by that river upwards to Buckinbah Creek and by that creek upwards to Loombah Creek thence by that creek upwards to Googodery Creek thence by that creek upwards to the south-west corner of portion seven parish of Catombal county of Gordon thence by the south boundary of that portion bearing east to its south-east corner thence by the east and part of the north boundary of that land the east boundary of portion three part of the south boundary of portion twelve and the east boundaries of portions twelve and eighteen northerly and easterly to the north-east corner of the latter portion thence by a line bearing east forming the south boundary of portion eighty parish of Cardington to its south-east corner thence by the east boundary of portion eighty north to its north-east corner thence by aline forming the south boundaries of portions eighty- one and eighty-seven east and the east boundary of the latter portion north to its north east corner thence by a line north-easterly to the source of Two-mile Creek and by that creek downwards to the Bell River and by that river upwards to the confluence of Larra's Lake on the south by Larra's Lake to its head thence by a line to the head of Currugura Creek by that creek to the Macquarie River thence by the Macquarie River downwards to the south-west corner of G. Suttor's eleven hundred
and
and eighteen acres on Oakey Creek par ish of W a l t e r s coun ty of W e l l i n g t o n t h e n c e by the south bounda ry of t h a t land t he west and south boundar ies of G. S u t t o r ' s six hundred and forty acres and by the east boundary of t h a t land and a l ine bear ing no r th to t h e r ange forming the sou th boundary of t h e parish of Canning thence by t h a t range wester ly to t he east bounda ry of the parish of W e a r thence by t h a t bounda ry nor the r ly to G u n n e l Creek a t i ts confluence with t he Cudgcgong River and by the Cudgegong River upwards to t he point of commencement
CO. WENTWORTH.
Embrac ing par t s of the pastoral dis t r ic ts of Dar l ing and Alber t and bounded on
t h e south from t h e confluence of Tai la Creek with the M u r r a y River by t he M u r r a y River downwards to t he bounda ry dividing the Colonies of N e w South W a l e s and South Aus t r a l i a on t he west by t h a t boundary bear ing no r th to t h e twen ty -n in th paral lel of south la t i tude on the nor th by pa r t of the bounda ry dividing t he Colonies of New South W a l e s and Queens land easterly to a poin t abou t five miles west from the Paroo River thence on t h e east by t he western or back boundar ies of all the runs f ron t ing to t h e wes te rn
| side of the Paroo River souther ly to the no r the rn boundary | of Mul lawoolka W e s t R u n |
by t h a t boundary wester ly and by the cast no r th and west boundar ies of Tungo R u n nor the r ly wester ly and souther ly to Tungo Creek thence by the west boundary of T u n g o Sou th R u n souther ly to i ts south-west corner thence by the wes tern boundar ies of Y e n t a - bangee R u n south-wester ly to t he nor th-western corner of Eas t Pe r i R u n thence by t h e wes te rn bounda ry of Eas t Per i R u n souther ly and the west bounda ry of B a t h i n g Spr ings R u n souther ly t o its south-west corner thence by th ree miles of t he sou the rn boundary of t h a t r u n eas ter ly t o its intersect ion with the south-western boundary of M o u n t J a c k N o r t h R u n thence by tha t boundary south-easter ly and the south-western boundar ies of M o u n t Macpherson Block one M o u n t Macpherson Block A and M o u n t Macpherson B u n W a l k e r ' s twen ty- two Camp Back R u n and W a l k e r ' s twenty- two Camp R u n south-easter ly to t h e Dar l ing River and thence by t h a t river downwards to t he u p p e r boundary of M e r r y R u n thence by tha t boundary and the nor th-eas te rn bounda ry of O u t e r M e r r y R u n south-eas ter ly to t he eas tern corner of the l a t t e r run thence by the south-eas te rn boundary of O u t e r M e r r y R u n and Onondoo R u n south-wester ly to the nor th-eas te rn boundary of Wongolaroo R u n by tha t boundary south-easter ly to the south-eas tern corner of t h a t r u n thence by the south eas tern boundary of tha t r u n south-wester ly to its sou thern corner thence by a l ine bear ing abou t sou th seven degrees cast by compass to the dividing boundary as marked by M r . Licensed Surveyor M 'Cormack in one thousand eight hundred and sixty-five for the pas to ra l distr icts of Da r l i ng and Alber t at t he eas te rn boundary of M a n a r a R u n a t a
| poin t twen ty miles nor th-wes ter ly from | the marked | nor th -eas te rn | corner-post for t he |
| Dar l i ng Pas tora l | Dis t r ic t | thence by pa r t s | of t he eas te rn | and southern boundar ies of | t h a t |
r u n souther ly and wester ly to t he bounda ry dividing Ar l ing ton Plains Block A and B B u n s thence by t h a t bounda ry and the boundary dividing Ki l fera Blocks K L M N and N o r t h Clare Block B from those of Kilfera J I I P D and A R u n s souther ly to t he south wes te rn corner of N o r t h Clare R u n Block B aforesaid a t t he south-eas te rn corner of Ki l fe ra Block A B u n thence on the south by t he south boundar ies of Kilfera Blocks A aforesaid and B and C wester ly and by a line in cont inuat ion wester ly to t he east bound ary of N o r t h P a n b a n R u n and thence by t h e east and no r th boundar ies of t h a t r u n
| nor the r ly and wester ly to the nor th -wes te rn corner of | tha t r u n thence again on t he eas t |
| by t he boundary | dividing | N o r t h | P a n b a n | P a n b a n | G a r n p u n g | Galgalgan | N o r t h | Tur l ee |
| N o r t h Tur lee Block A and O u t e r Back Tur lee Block C Runs from | W e s t Panban Blocks |
| B and A E a s t Tarcoola Eas t Tarcoola Block A O u t e r | Back Bul lanmong Arumpo Bura- |
| corner of O u t e r Back Tur lee Block C aforesaid and thence by the south boundary of t h e | guy and M a r m a R u n s souther ly wester ly and again souther ly to the south-western |
| la t te r r u n eas ter ly to t he nor th -wes te rn corner of O u t e r Back Tur lee Block B and thence by the wes tern boundar ies of tha t r u n and Back Boomairicool R u n souther ly and the eas te rn boundary of G u l t h u l R u n souther ly wester ly and again souther ly to t he nor th boundary of Caringy R u n thence by the no r th and west boundar ies of t h a t r u n wester ly and souther ly to its south-wes te rn corner and thence by a l i n e bear ing souther ly to the confluence of Taila Creek with t he M u r r a y River aforesaid |
70. WOLLOMBI.
Embrac ing a southern por t ion of t he county of N o r t h u m b e r l a n d and a south
eas te rn por t ion of the county of H u n t e r Commencing on the range dividing t he waters of Parson ' s Doyle ' s and Greig ' s Crooks from those of the MacDona ld River at Howe ' s M o u n t a i n and bounded thence by t h a t r ange wester ly to t h e nor th -cas t corner of t h e
| parish of M e d h u r s t thence by the oast boundary of t h a t par ish and the east | boundary |
of the parish of M y r t l e souther ly unt i l it meets the nor th bounda ry of t he parish of Gul longulong thence by t h a t boundary easterly to the west boundary of t he parish of W a r e n g thence by tha t boundary southerly to the Bulga Road by tha t road souther ly to a spur branching a t Wheelbarrow- r idge near Pa r r ' s bush thence by t h a t r idge easter ly
| to the western ex t remi ty of t he south | boundary | of t h e par i sh | of W o n g a and by t h a t |
| boundary | eas ter ly | to t he I l a w k e s b u r y | R ive r by the I l a w k e s b u r y | River | downwards | to t h e |
sea
sea and by the sea nor the r ly to Ee id ' s Mis take a t t he en t r ance of Lake Macquar i e thcnco by pa r t of t he eas tern t he southern and p a r t of the wes te rn shores of t h a t lake to Dora Creek by Dora Creek to the r ange dividing the waters of Wollombi Brook from those of L a k e Macquar ie and by t h a t r a n g e no r the r ly t he Brokenback R a n g e wester ly t h e spur forming t h e no r the rn watershed of Culawine and Cedar Creeks and a spur r a n g e t o t h e Wol lombi Brook and thence by a spur range dividing the waters of W e r o n g and
D r e w ' s Creeks to t he range dividing the waters of Wol lombi Brook and the Macdona ld
River thence by tha t range to Howe ' s M o u n t a i n aforesaid a t t he point of commence m e n t to include the islands of Lake Macquar ie 7 1 . YASS PLAINS.
Embrac ing a sou the rn por t ion of t h e coun ty of K i n g a nor th -wes te rn por t ion of
t h e coun ty of M u r r a y and por t ions of the pas tora l distr icts of Mur rumbidgeo and Lachlan Commencing a t t he confluence of J e remiah Creek wi th t he Mur rumbidgee River and bounded thence on p a r t of the west by a l ine to t he spu r of t he r ange forming t h e eas t e rn watershed of t h a t creek and by t h a t r a n g e un t i l i t joins t h e r ange be tween the ( loodradigbee and T u m u t Rivers and by t h a t r ange to t he point where t he spur branches from i t which t e rmina tes on the Goodradigbee exact ly opposi te the confluence of E lea Creek on the south by t h a t spur to t he Goodradigbee River t hence by the leading r ange be tween Flea Creek and the wa te r s falling in to the Goodradigbee above tha t creek un t i l t h a t r ange joins t he dividing range be tween the Goodradigbee and Cot te r Rivers on t h e east by t h a t range nor ther ly unt i l it reaches the sources of Cavan M o u n t a i n Creek thence by the dividing range be tween Cavan M o u n t a i n Creek and the Mur rumbidgee un t i l t he
spur range branches which t e rmina tes on the M u r r u m b i d g e e about half a mile below
Y e u m b e r a H o u s e (and which forms the boundary be tween t h e Cavan and Y e u m b e r a R u n s ) by t h a t spur to the Mur rumbidgee and by the M u r r u m b i d g e e upwards to a point due west of One- t r ee Hi l l thence on the south by a direct l ine to t h a t hill t hence by a r ange nor ther ly about t h r ee miles thence by a l ine nor th-eas te r ly to t he confluence of
G u n d a r o o Creek with t h e Yass River and by t h a t creek to its source at t he foot of t he Cullar in R a n g e again on t h e cast by t h a t range and t h e G r e a t Dividing R a n g e to t he south boundary of the parish of Crookwell coun ty of K i n g thence by t h a t boundary and the sou the rn watershed of t he Crookwell River wester ly and nor th -wes te r ly to a po in t where t he road from Binda to Boorowa crosses tha t watershed thence by tha t road nor th-eas te r ly to t he Crookwell River thence by t h a t river to t he Lachlan River thence again on the west by t he Lach lan upwards to the confluence of Old M a n Creek a t Wa l l ah W a l l a h thence by t h a t creek to its head in the r ange dividing the waters of t h e Boorowa and Lach lan Rivers and thence by t h a t r ange souther ly again on t h e no r th by the sou the rn watershed of P u d m a n ' s Creek and the r a n g e dividing t h e waters of Kiangaroo and La ing ' s Creeks to a point on t he Boorowa River one mile below the nor th -wes t corner of N". R . Besna rd ' s th ree hundred and twenty-six acres t hence on the remainder of t h e west by t he Boorowa Biver upwards to the confluence of Hassa l l ' s Creek thence by Hassa l l ' s Creek to i ts source in t he range dividing the waters of the Yass River and J u g i o n g Creek then by tha t r a n g e souther ly to the source of I l la long Creek thence by t h a t creek downwards to its junc t ion with J u g i o n g Creek thence by t h a t creek down wards to i ts confluence with Bogalong Creek and by a spur r ange and t h e wes te rn watershed of Bogalgong Creek Barber ' s Creek and Oak Creek to a po in t due nor th of t he confluence of Oak Creek with the M u r r u m b i d g e e thence by a l ine south to t h a t confluence and thence by t h e Mur rumbidgee River upwards to t h e confluence of
J e r emiah Creek aforesaid
7 2 . YOUNG.
Embrac ing p a r t of t h e pastoral dis t r ic t of Lachlan count ies of H a r d e n Monteaglo
and Bland and bounded on the east from the sou thern source of Morongla Creek by the range forming the western watershed of the Boorowa River souther ly to t he r a n g e dividing t h e waters falling to the Lachlan B ive r f rom those falling to t he Mur rumbidgee River aud by tha t r ange wester ly and the r ange forming the western watershed of Douglas Creek souther ly to a po in t due east from the south-east corner of J . C. Wel l - man ' s t h r e e h u n d r e d and twen ty acres on B a r w a n g Creek thence by a line west to t h a t corner and by the south bounda ry of t ha t land and its wester ly prolongat ion bear ing west in all two and th ree -qua r t e r miles thence by a l ine bear ing south to t he nor th -eas t
corner of S. K . Sal t ing 's por t ion one h u n d r e d and twelve par ish of Cunn inga r and by
the eas te rn boundaries of t h a t por t ion port ion one h u n d r e d and th i r t een and S. K .
Salt ing's por t ion one hundred and seventeen R. Whisk in ' s port ion one h u n d r e d a n d
eighteen and S. K . Sal t ing 's por t ion one h u n d r e d and n ine teen and one hundred and
th i r ty -e igh t bea r ing sou th in all five miles to t he south-eas t corner of por t ion one
hundred and th i r ty -e igh t aforesaid thence by the sou thern boundar ies of por t ion one
h u n d r e d and th i r ty-e ight aforesaid and S. K . Sal t ing 's por t ions one hundred and th i r ty-
seven and one h u n d r e d and thi r ty-s ix J . D . Macansh ' s por t ion one hundred and th i r ty -
th ree S. K . Sal t ing 's por t ions one h u n d r e d and th i r ty -one and one h u n d r e d and t h i r t y
parish
| par ish of | Cunn inga r and | S. K . Sal t ing 's por t ion one hundred and twen ty -n ine and | one |
h u n d r e d and twenty-e igh t in t h e parish of Murr imboola and its wester ly cont inuat ion to t he eas tern bounda ry of t he reserve on account of popula t ion of t h e town of Murr imboola thence by t h a t boundary and the south boundary of t h a t reserve souther ly and wester ly t o the road from M u t t a m a via Beggan Bcggan to Murr imboola and thence by tha t road souther ly to t he r ange dividing the waters of J u g i o n g and Ki t t i ea r ra ra Creek from M u t t a M u t t a m a Creek thence on the south by tha t r ange and the range dividing the wa te r s of t he M u r r u m b i d g e e and Lachlan Bivers being the no r the rn boundar ies of t h e Gundaga i and Mur rumbidgee Elec tora tes wester ly to where t he spur b ranches which forms the wes te rn watershed of Wal ladi l ly Creek thence by tha t watershed and t h e wes te rn watershed of N a r r a b u r r a Creek nor the r ly to the junc t ion of t he l a t t e r creek with T e o Too Creek thence by the Morangare l l and Bur r angong Boad easter ly to where t h e nor th -wes te rn boundary of the Bur rangong Gold-field as proclaimed the th i r ty- first day of A u g u s t one thousand eight hundred and sixty-five crosses it a t abou t two and
| t h r ee -qua r t e r | miles | wester ly | from | T h u d d u n g a r a | Lagoon | thence | by | the | nor th -wes te rn |
| bounda ry | of t h a t gold-field being a line bear ing nor th -eas t to the B u r r a n g o n g | Creek | a t |
| P . | O 'Maley ' s | old sheep s ta t ion hu t a t abou t th ree -quar t e r s of a mile above | P . | W a l s h ' s |
t h r ee h u n d r e d and twen ty acres thence by the cont inuat ion of t ha t lino to the southern bounda ry of the Tyagong Gold-field as proclaimed twenty-second of March e ighteen hundred and sixty-seven thence by the southern bounda ry of t h a t gold-field being the sou the rn watershed of Tyagong Creek eas ter ly to the range dividing the waters of t h a t creek and B u r r a n g o n g Creek from Crowther Creek thence by t h a t r a n g e no r the r ly to a t r e e marked broad-arrow over M F conjoined over 34 bear ing south fifty degrees cast and d i s t an t fifty-nine chains from t h e south-eas t corner of G. Campbell ' s
| one h u n d r e d | and | sixty acres a t Lagoon Sta t ion thence again by the marked t ree |
| boundary | dividing t h e count ies of | Monteag le | and | Eorbes | easter ly | marked | at |
in tervals wi th broad-arrow M F conjoined 3 1 broad-arrow M F conjoined 33 broad- arrow M P conjoined 32 broad-arrow M F conjoined 31 broad-ar row M F conjoined 30 broad-arrow M F conjoined 29 to Crowther or Koorowa tha Creek thence by t h a t creek downwards to the confluence of Bang B a n g Creek thence by t h a t creek upwards to the boundary dividing port ions 0 over 6 over 7 parish of Koorowatha on t h a t creek thence by p a r t of t he nor th -wes te rn bounda ry of t he suburban lands a t Koorowa tha as defined by not ice in the Government Gazette of the twen ty-e igh th Apr i l ono thousand e ight hundred and s ixty- three folio nine hundred and eighty-six bear ing n o r t h forty degrees eas t about twelve chains thence by the nor th-eas te rn boundary of those lands bear ing east forty degrees south seventy-nine chains and thence by the south eas tern boundary of those lands bear ing south forty degrees west about fifty-six and a half chains to B a n g B a n g Creek at the south-wes tern corner of por t ion 0 over 5 P . Maloney ' s
| fifty-six acres thence again by t h a t creek upwards to its source in t he r a n g e | forming |
| p a r t of t h e bounda ry dividing the count ies of Monteag le and Forbes nea r a | gum- t ree |
| marked broad-ar row M F conjoined 23 thence by tha t r ange eas te r ly to t he | sou the rn |
| source of M o r o n g l a Creek aforesaid a t t he poin t of | commencement |
S C H E D U L E B .
| L I S T of pe r sons qualified to vote for t h e Elec t ion | of | M e m b e r s | of | t h e | Legis la t ive |
| Assembly | in the year 18 | for t he E lec to ra l Dis t r ic t of | within | t h a t |
po r t ion thereof for which I act as Collector.
A.B.
Collector for
| D a t e d | th is | day | of |
Christian and Surname. Qualification. Residence of Voter.
S C H E D U L E C. SCHEDULE C.
Showing arrangement of Electoral List and Roll in cases where Electoral District comprises
more than one Police District or portion thereof.
T H E E L E C T O R A L D I S T R I C T OF
ELECTORAL LIST (or ROLL) of Persons qualified to vote for the Election of
Members of the Legislative Assembly in the Year for the Electoral District of
No. Christian and Surname. Qualification. Residence of Voter. Police District of Deniliquin.
1 Adams Henry William residence North Deniliquin 2 Aitkin David residence Deniliquin 3 Baker John Kellett freehold Deniliquin 4 Baker Joseph Lawrence household Deniliquin 5 Cameron Donald freehold Deniliquin 6 Dahl Nimen residence Deniliquin 7 Dale John residence Deniliquin 8 Eden Thomas residence Cobran 9 Edmonds Edwin residence Zara 10 Forsyth Francis William G. residence Deniliquin 11 Galbraith William freehold North Deniliquin 12 Gall James residence South Deniliquin 13 Hawkins Henry Charles freehold Deniliquin 14 Jackson Thomas Newton residence Deniliquin
Etc. etc. etc. Police District of Moama.
15 Aughney Peter freehold Moama 10 Agnew Alexander residence Noorong 17 Barbour Robert freehold Bama 18 Campbell Duncan William freehold Mathoura 19 Campbell Angus residence Perricoota 20 Dawson John residence Perricoota
21 Delmore Henry residence Cobran 22 Evelin Robert residence Tatailla 23 Edwards William leasehold Curnalla
24 Field John freehold Moama
25 Fitzgerald Maurice residence Moira 26 Glew John household Moama 27 Gordon Charles Edward household Moama
28 Hinchcliff John freehold Moama
Etc. etc. etc.
And so forth according to the number of Police Districts or portions thereof embraced
in each Electoral District.
S C H E D U L E D .
SCHEDULE D.
Notice of Claim to be given to Clerk of Petty Sessions.
To the Clerk of Petty Sessions at
I HEREBY give you notice that I claim to have my name inserted in the Electoral Roll for the Electoral District of my name and residence and qualification being as hereunder stated.
Christ ian and Surname. Qualification. Residence of Voter. •
(Signature of Claimant.)
| Dated this | day of | 18 |
Declaration of qualification to accompany claim if sent by post.
I of (residence and description) do solemnly declare that I am possessed of the qualification mentioned in my notice of claim hereto attached and that the particulars of such qualification as contained in the said notice of claim are severally correct.
(Signature of Claimant.)
(Or Mark.)
SCHEDULE E.
Notice of Objection to be given to Clerk of Petty Sessions.
| To the Clerk of Petty Sessions of | in the Electoral District of |
| I HEREBY give you notice that I object to the name of | being retained on |
| the Electoral List for the Electoral District of |
Dated the day of 18
(Signed) A.B. SCHEDULE F.
List of Persons claiming to be published by Clerks of Petty Sessions.
T H E following persons have claimed to have their names inserted in the Electoral List
for the Electoral District of
Christian and Surname. Qualification. Residence of Voter. SCHEDULE G.
List of Persons objected to to be published by the Clerks of Petty Sessions.
T H E following persons have been objected to as not being entitled to have their names
retained on the Electoral List for the Electoral District of
Christian and Surname. Qualification. Residence of Voter. 2 c
SCHEDULE H.
Declaration to be made by Returning and Presiding Officers and Poll Clerks.
I do hereby declare that I accept the office of Returning Officer (or other officer as the case may be) for the Electoral District of
and I do hereby promise and declare that I will faithfully perform the duties of my office
to the best of my understanding and ability and that I will not attempt to ascertain for
whom any elector shall vote and that I will not by any word or action directly or
indirectly aid in the discovery of the same And that I will keep secret all knowledge
of the mode in which any elector has voted which I may obtain in the exercise of myoffice unless in answer to any Question which I am legally bound to answer.
Declared before me this day of 18 .
Justice of the Peace.
SCHEDULE I.
Ballot-paper.
Electoral District of
Polling-day the day of 18 . Names of Candidates.
SCHEDULE K.
Declaration to be made by Scrutineers.
I a Scrutineer appointed by a candidate for election in and for the Electoral District of do hereby solemnly declare that I will faithfully assist at such election and that I will not attempt to ascertain for whom any elector shall vote and that I will not by any word or action directly or indirectly aid in the discovery of the same And that I will keep secret all knowledge of the mode in which any elector has voted which I may obtain in the exercise of my office unless in answer to any question which I am legally bound to answer.
Declared before me this day of 18 .
Returning Officer or Presiding Officer.
SCHEDULE L.
Declaration against Bribery.
I (A.B.) do solemnly declare that I have not received or had by myself or any person whatsoever in trust for me or for my use and benefit or for the use and benefit of any
member of my family or kindred or any friend or dependent directly or indirectly any sum or sums of money office place of emolument gift or reward or any promise or security for any money office employment or gift by way of consideration either expressed
implied or understood for giving my vote at this Election.SCHEDULE M.
Declaration by Collectors.
I do hereby solemnly declare that having accepted the employment of a Collector for the Police District of I will faithfully perform the duties of that employment to the best of my knowledge and ability according to the provisions of the "Electoral Act of 1880" and I will not insert in any List the name of any person whom I shall know or believe not to be qualified by the said Act to vote or to be dis qualified from voting as an elector in the said district nor will I omit from any such List the name of any person whom I shall know or believe to be so qualified and entitled to vote under the said Act within such district.
Declared before me this day of 18 .
Justice of the Peace.
No. XIV.
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