Electoral Code Act 1896 (SA)

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ANNO QUINQUAGESIMO NON0 ET SEXAGESIMO

A.D. 1896.

No. 667.

An Act to amend and codify the Electoral Laws.

[Assented to, December rpth, 1896.1

E it Enacted by the Governor, with the advice and consent of

B

the Parliament of South Australia, as follows:

1, This Act shall be known as " The Electoral Code, 1896," and Short title.

shall commence on a day to be fixed by Proclamation.

2, The electoral laws mentioned in the Schedule are hereby Repeal.

repealed to the extent stated in the Schedule.

(Schedule I.)

CHAPTER

3, This Act only applies to Parliamentary elections.

Application of dot.

4, This Act is divided into the following Chapters :-

Chaptera.

CHAPTER I. Introductory:

CHAPTER 11. Administration:

CHAPTER 111. Electoral Registration-

PART

I.--The

Rolls:

PART

I I .-Revision

Courts:

CHAPTER IV. Elections-

PART I.-The

Writs:

PART I I .-The

Nominations:

PART

m,---Absent

Voters:

&

59' & 60" VICTORIW, No. 667.

The Electoral Code.-1896,

CHAPTER IV. Elections--continued.

PART

I v.-The

Polling:

PART v.-The

Scrutiny:

PART

Y I.-The

Return of the Writs

CHAPTER V. Electoral Expenditure: CHAPTER VT. Offences and Penalties:

CHAPTER VII.

Disputed Returns:

CHAPTER

VIII. Supplementary.

S, In this Act the terms in inverted commas have the meanings

stated, except where some other meaning is clearly intended-

" Parliament " means the Parliament of South Australia:

Council " means the Legislative Council:

c' Assembly " means the House of Assembly:

Houses " means the two Houses constituting the Parliament:

House " means either of the two Houses:

Candidate " means any person who within three months before the day of election directly or indirectly offers himself for election by any constituency, or who directly or indirectly within such time seeks to influence any constituency or electors with a view to so offering himself:

Officers " includes all officere appointed under this Act, or

exercising any power or discharging any duty thereunder:

Outlying district " means any area heretofore or hereafter

declared by Proclamation to be an outlying district:

Returning Officer " includes Deputy Returning Officer and

Assistant Returning Officer:

Registrar " means Electoral Registrar:

L( Digtrict " includes Division:

Postmaster " includes the deputy or any person acting for a

postmaster:

a Presiding officer " includes the substitute for any presiding

officer:

British subjects " includes naturalised as well as natural born

British subjects:

Proclamation " means Proclamation by the Governor published

in the Government Gazette :

Gazette notice" means notice published in the Governmeplt

Gazette.

6,

The

5cj0 & 60" VICTORIW, No. 667.

The Electoral Code.- 18%.

6,

The forms in theSchednles and none other shall suffice.

The

Forms.

Schedule references at the foot of sections indicate the Schedules relating to the matters dealt with by the sections.

7. Nothing in this Act shall alter the plwrnt constitution of either House.

unaltered,

Comtitution

This has been fixed by

The Constitution Act " and its amend-

ments, and when mentioned herein is shortly stated in declaratory

sections for convenient reference only.

The whole of the Introductory Chapter, except sections 12 and

13, is declaratory.

CHAPTER I.--INTRODUCTORY.

8, The Parliament consists of a Legislative Council and of a

Constitution of

House of Assembly.

Prnliam&t.

Q. The Council at present consists of twenty-four members;

Number.

and the Assembly at present consists of fifty-four members.

10. South Australia is at present divided for electoral purposes into four Council districts, each returning six members; and twenty- seven Assembly districts, each re turning two members.

11, Each Assembly District is a division of the Council District

in which it is situated.

12, The various districts and places of nomination, and the chief

and other polling-places, shall be ja r the present as scheduled.

(Schetlule 11.)

Districts.

13, Any polling-place may be opened or closed for either or

Opening and cloning

both Houses by Proclamation, pursuant to addresses of both Houses

of polling-places.

passed during the same Session.

14. All British subjects of the age of twenty-one years, inhabitants

Qualifications of

of South Australia, who have been registered upon any Council roll

Council votera.

for six months, may vote for Members of

the Council, provided that

they are-

I. Owners of a legal or equitable freehold estate in possession in South Australia of Fifty Pounds clear value above all charges; or

1 1. Tenants of a leaseh~ld

estate h possession in South Australia

of the clear annual value of Twenty Pounds, the lcsse having been registered and having three years to run, or containing a right of purchase; or

111. Occupiers of a dwelling-house of the clear annual value of

Twenty-five Pourrds.

15. All

59' & 60" VICTORIE, No. 667.

The Electoral Code.1896.

--

15. All British subjects of the age of twenty-one years, inhabitants

of South Australia, who have been registered upon any Assembly

roll for six months, may vote for Members of the Assembly.

Special dia ualifl-

oation in EQorthern

16. In the Northern Territory, immigrants under "The Indian

Tenitory.

Immigration Act, 1882," and all persons, except natural born British subjects and Europeans or Americans naturalised as British subjects, are disqualified from voting.

Convicted persons.

17, No one attainted or convicted of treason, or felony, or other infamous offence in the British Empire, may vote at any election until free pardon received or sentence undergone.

One vote only.

18. No one may a t the same time be registered on more than

one Council roll or on more than one Assembly roll.

Place of voting.

19. No one may vote at any election except for the district in

which he resides.

Electiona.

20. The following elections are required to be held-

I. Periodical elections for the Council to supply the places of members retiring by effluxion of time:

11. General elections for the Assembly, in the event of the

Assembly expiring by effluxion of time:

I I I.

For supplying casual vacancies in either House:

rv. General elections for the Assembly or for both Houses, in the

event of the dissolution of the Assembly or of both Houses.

CHAPTER 11.-ADMINISTRATION.

Returning Officern.

21, The administration of this Act shall be vested in the

following officers, to be appointed by the Governor :-

I, The Returning Officer for the Province, responsible under the

Attorney-General for the execution of the Act:

Ir. District Returning Officers, each possessed of the power and

charged with the duty to give effect to the Act within his

district, subject to any directions from the Returning

Officer of the Province.

~epixty

Returning

22, Each Assembly District Returning Officer shall, as re-

Oficer.

gards his division, be a Deputy Returning Officer for thc Council

district of which his district is a division.

Beridence.

23, Each Retuning Officer shall reside within his district, or

shall have an office therein for the transaction of electoral business.

AdwtReturning

24. Assistant Returning Officers may be appointed by the

Ofliwrs.

Governor to exercise within any outlying portion of a district,

subject

59' & 60" VICTORIE, No. 667.

The Electoral Code.-189 6.

subject to the control of the Returning Officer, all the powers of the

CHAPTEB 11.

Returning Otficer as if such outlying portion of thc district were itself a district, and such Assistant Officer were the Returning Officer thereof. Th r! out1 ying portions of any district heretofore proclaimed shall continne i n force under this Act until altered.

25. Rlectord Registrars may be appointed by the Governor to Regiatrms.

keep the rolls at specified polling-places, and shall be directly: res- ponsible to the District Returning Officers for the due discharge of

their

d U ties.

28. A Gazette notice shall immediately be given of every ~,ti,.

appoin trnent of a Registrar.

2'7. The Postmasters at the pollingplaces mentioned in the roatm~atsm

Schedule shall, by virtue of their offices and without any appoint- ment, be Registrars to keep the rolls at the polling-places indicated by the same schedule.

(Schedule 11.)

28. The Registrars shall, in the months of January, April, July, Liato.

and October, and also whenever required by Gazette notice,

by the Returning Officer, send to the Returning Officer lists of

all claims received and registrations and alterations effected by them

since the last list so sent.

29. The Returning Officers and Registrars shall keep forms of Keepingof form.

claims and applications for transfer, and shall without fee supply

the same, fill them up, and assist thc public in their proper use.

30. Any polling-place may, by Gozette notice, be added to or Changes.

taken from the polling-places at which the rolls are kept by any

Registrar.

31. hro candidate for either House shall be or be appointed an ~ a n d i b t e i

officer, and if any officer becomes a candidate he shall thereby

vacate his office.

mencemerlt of' this Act are continued in their offices as if appointed present oflicere.

32, A11 oficers administering the electoral laws at the corn- Continuationof

under this Act,

33. Every Returning officer hereafter appointed shall, before Acoeptmoeof ofbe.

entering on his duties, subscribe before a Justice of the Peace, and

forward to the Attorney-General, the following declaration :-

Electoral Code, 1896.

l, A.B., accept the office of Returning Officer for the Uistiict Returning Oacer.

of, and I promise to pGrform its duties faithfully

and impartially, and in particular I pledge myself not to

d i ~ d o s e any knowledge that I may acquire touching the

vote of any-elector,

CHAPTER

$9' & 60" VICTORIW, No. 667.

23e Electoral Code.-1 896.

CHAPTER 111.-ELECT0 RAL REGISTRATION.

PART

I.-THE ROLLS.

Rolln to be kept.

34, Rolls shall be kept, wherein all electors shall be registered.

The officers keeping the rolls for the various polling-places are indicated in the Schedule.

(Schedule 11.)

The officers keeping any rolls shall receive claims and applica-

tions to transfer, and give receipts therefor in form given in Schedule

III., and shall register electors pursuant thereto, and may make

alterations as herein provided.

(Schedule 111.)

38, The rolls kept by each officer may be kept separately in convenient books, applying only to the polling-places for which such officer keeps the rolls; and on the commencement of this Act copies of the existing rolls may be inserted in such books, and shall con- stitute the district rolls for such polling-places.

There shall be separate rolls for each Council Division, and for each Assembly District, and each roll shall be divided according

t o polling-places.

(Schedule

IV .)

Rolla not to be

questioned,

3%. The rolls shall be conclusive as to the right to vote of the

electors registered thereon, and shall not be questioned, except in Conrts of Revision and as mentioned in section 127, and then only

as hereinafter expressly provided.

Mode of registration.

37. Registration shall be effected by entry of the particulars in

respect of each elector indicated in the forms of rolls.

(Schedule

IV. )

Datee.

38, The date of registration need only be added when six

months shall not have elapsed since the original registration.

Arrangement.

39. Tn keeping the rolls the surnames of electors shall be

arranged alphabetically according to the first letter of each surname,

and blank spaces shall be left for additions after each letter.

Existing rolls.

40, The rolls existing when this Act commences shall suffice

until new rolls are substituted there for.

New rolls.

41, New rolls shall be prepared in connection with the Census in the year one thousand nine hundred and one and every tenth pear thereafter, and in such a manner as shall be appointed by Proclamation.

42, The rolls shall be printed whcnever directed by the

Attorney -General.

43, Supplemental

59' & 60' VICTORIA, No. 667.

The Electoral Code.1896.

43. Supplemental rolls, setting out additions and alterations since

c**mm ul*

PAR*

1.

the last print, shall also be printed immediately after the holding of

each Revision Court and immediately previous to a general election gupplam~ntal mIlr.

or, should time permit, whenever a vacancy occurs in the repre-

sentation of any district.

44. The original of the electoral rolls may be inspected by any Inap90tion of o ~ W

rolls.

person desirous of doing so without any payment, between the hours of ten in the morning and two in the afternoon. on at least two U

days in every week; notice of

the days shall be painted or affixed

in a conspicuous place outside the office of

the person keeping such

rolls.

45. The last printed copies of all rolls shall be open for public

Inspection.

inspection at all chief polling-places, and shall be obtainable thereat

and from the Government Printing Office for One Shilling each.

46. The last printed copies of the rolls for the Council division

Further inspection.

and Assembly district shall also be open for public inspection at every Post Office, Municipal Corporation Office, and District Council Office therein, and shall be obtainable for One Shilling for each copy at every such Post Office.

New registzatiom.

47. All new regietratims shall be effected pursuant to-

(a) Claims; or to

(Q)

Applications to transfer.

(Schedules V., VI., VII.)

48. Claims shall be receivable at any time, and shall be signed

Claims.

by the elector.

(Schedules V. and VI.)

49, All claims shall be filed and the date of receipt noted

W p t

of olaimm.

thereon, and the claimant shall immediately be registered pursuant

there to.

50. The date of receipt of the claim by the proper officer

shall be the date of registration, except when a new roll is being

formed and the claimant's name appeared on the latest old roll.

Date.

In such case the date of the original registration ou the old roll shall be carried forward to the new roll as the date of registration thereon.

51, Applications for transfer shall be receivable at any time,

Applioationa for

except on polling-day and during the ten days preceding polling

transfers*

day, and all such applications shall be signed by the elector.

(Schedule VII.)

52.

All applications for transfer ghall be filed and the date of

~ e g f i t r a t t i ~ ~.

noted thereon, and the applicant shall be immediately registered pursuant thereto.

6% me

59' & 60'

VICTORIW, No. 667.

The Electoral Code. -1 896.

CHAPTER III.

63. The date of the registration on the roll to which the appli- cant is transferred shall be the date of the registration on the roll

PART

I.

DW.

from which the applicant is transferred.

Notice of transfer.

54, When any registration shall be effected, pursuant to

application for transfer, notice shall immediately be given, and the name of the applicant shall thereupon be struck off the roll from which he has applied to be transferred.

Alteration of

55, The rolls shall bc altered as may be necessary on any

boundaria.

change of electoral boundaries, the dates of the original registra-

tion being preserved.

~lhltemtion

of rob.

56, Rolls may be altered as follows:-

I, By correcting any mistake in spelling, or in the description of qualification, or in the date of registration:

11. By changing, on the written application of the elector-

(a) The residence to another within the same district or

division:

( b ) The palling-place to another within the same district or

division:

(c) The maiden name to the married name of any female

elector:

(d ) The original name to any altered name:

I n. By striking out the names of dead persons:

m. By removing any name on the writtcn request of the elector, or on receipt of notice of transfer, to any other roll or polling-place:

v. By reinstating, under date of the original registration, any name struck out by mistake as the name of a dead person

and whether struck out by a Court of Revision or otherwise.

( Schedule

XX.)

~i

for altering

67, No alteration of any roll shall be made on any polling-day

rolls.

for which such roll is in use, nor during the four days preceding

such

poiling-day.

Alterations to be

58, All alterations shall be made in such a manner that the original entry shall not be defaced, and the reason for the alteration and the date thereof shall be set against the alteration, together with the initials of the officer making the alteration.

initialled.

of deaths to be

59, The Registrar-General of Births, Deaths, and Marriages

~01wardea.

hall, quarterly, forward a, list to each Returning Officer of the names, addresses, and occupations of all persons of the age of twenty- one years or upwards whose deaths have been registered in the district during the preceding three months, and the rolls shall be altered accordingly. 60, Revision

59' & 60" VICTORIX, No. 667.

The Electoral Code.-1896.

PART

11.-REVISION COURTS.

60. Revision Courts shall be held in the month of September

Revision Courts.

or October in every year for the purpose of

revising the rolls.

61. Revision Courts shall be held at such places at which Local

Places for holding.

Courts are appointed to be held as may be fixed by Proclamation.

62. The polling-places in respect of which the Revision Courts

shall have jurisdiction shall also be fixed by Proclamation.

a

63, Until otherwise fixed by Proclamation, Revision Courts shall be held at the places scheduled, and shall severally have jurisdiction in respect of the polling-places scheduled; and the time of holding such Courts sl~all be the hour of seven o'clock in the evening in the Districts of East Adelaide, West Adelaide, North Adelaide, Port Adelaide, East Torrens, West Torrens, and Sturt.

where to be held.

Revision Courts,

(Schedule 11.)

64, Each Revision Court shall consist of a Special Magistrate,

Constitution of

and shall have all the powers of a Local Court of Full Jurisdiction.

Revision Court.

65, The Clerk of the Local Court shall be the Clerk of the Revision

Clerk.

Court.

66, Any name on a roll may be objected to by notice of objec-

tion lodgcd with the Clerk of the Revision Court.

(Schedule VIII.)

Objection to names.

67. The notice of objection shall be signed by an elector

registered on the same roll or by the Returning Officer or a Registrar

for the same district.

Notice of objection

I t shall bc the duty of the Returning Officer and of each Registrar to give notice of objection in respect of any name which he shall have reason to believe ought not to be retained on the roll.

Duty to object.

68,

69, On receipt of the notice of objection, the Clerk of the

Summons.

Revision Court &all summon the person objected to to appear to answer the objection at the Revision Court, to be held next after thirty days from the service of the summons. Such summons may be served by posting the same to the last known place of abode of the person objected to, or if that be not known then to the address appearing on the electoral roll.

(Schedule IX.)

70, The Clerk of each Revision Court shall, at least fourteen days before the sitting of the Court, publish in the Gazette and in each Post Office within the district a list of all~objcctions to be dealt with by the Court at its next sitting.

List to be publirrhed.

(Schedule X.)

71, At

10 59' gL 60" VICTORIW, No. 667.

The EZectoral Code.-1 896.

CEEAPTER

lTxo

71. At the sitting of each Revision Court the rolls, and all

P A ~

11.

claims and objections received since its last annual sitting and

~ 0 1 1. to be pmduosa.

affecting polling-places in respect of which it has jurisdiction, shall

be produced.

&ioiie of revieion.

72. Each Revision Court shall, in open Court, finally revise the rolls, by hearing and determining all objections, and by striking out the names of persons proved to be dead, and dealing with any claims which have not been registered.

Nameato be retained.

73, Except as to the names of dead persons, the names of all

persons not objected to shall be retained on ,the rolls unless the

registered qualification is insufficient.

74. The Court shall also retain on the rolls all names-

( a ) Against which no objection has been duly lodged;

or

(6) Against which, objection having been duly lodged, the objector shall not have appeared in person, or, having appeared in person, shall not have established his objection.

Proof of aervice-

75. No proof of service of the summons shall be required where the person objected to appears.

Resistance of objeo-

76, Any person authorised in writing may appear to resist an

tion.

objection on behalf of the person objected to,

Substitution of

77, If a qualification appears to be insufficient or an objection is established, the Court, in either casc, if satisfied that the person objected to has another sufficient qualification, shall retain the name on the roll, correcting only the entry by inserting the other sufficient qualification; but if no other sufhcicnt qualification is proved, the name shall be struck out.

qualification.

,

Duplicate entries.

78. If the Court finds that the name of any person is entered

more than once as an elector and that the entries relate to the same person, the Court shall retain one entry and strike out the other, retaining the entry which correctly states the residence of the elector.

Alterations.

79. The Court may exercise all powers of alteration in cor

recting mistakes and supplying omissions which are exercisable by

any person.

Re@stration of

80,

If the Court is satisfied that there has been a failure to register a proper claim duly made, and that at the same time the claim was made there was a qualification sufficient, the Court shall register the claimant, stating as the date of registration the date when the claim should have been registered.

clamant.

C ~ a t e.

81. Tf

any objection is not established, the Court may award

the person objected to a reasonable sum, to be paid by the objector, $r costs and expenses in resisting the application, but no costs shall

be

59' & 60" VICTORIW, No. 667.

11

The Electoral Code.-1896.

~ A P ~ E X

111*

be awarded against an officer i f the Court is satisfied that in

objecting the officer acted in good faith and on reasonable grounds.

PUT 11-

83. If any objection is found to be frivolous the person objected Frivolcus obj*tion.

to shall be entitled to a, reasonable allowance for his costs and expenses in resisting such application, and the Court shall award a sufficient sum for the purpose, to be paid by the objector.

83. Execution, as on a judgment of a Local Court, may issue Execution*

for any sum awarded, pursuant to either of the two preceding sections, and the award shall be entered and enforced as a judgment of the Local Court, but no such sum shall exceed Five Pounds.

84. All books of any local body, or of the Taxation Office, may Inspecrtion CA bwks.

be inspected for the purposes of any proceedings in any Court of Revision and copies taken of such books, and such copies shall be primril. .facie evidence of the recorded entries: Provided that this section shall not apply to income tax returns.

CHAPTER

1V.-ELECTIONS.

CHAPTER IT.

85, All writs for elections shall be issued by the Governor, Isaueof writs+

except that if on any casual vacancy there shall be a President or Speaker of the House affected within the province he shall issue the writ, after two clear days' written notice to the Governor of his intention.

86. All writs shall fix the dates for-

Dates, &c.

( U )

The nomination:

( b ) The polling:

( c ) And the return of

the writ.

(Schedule XI.)

87. No day other than Saturday shall be fixed as polling-day.

Polling-day.

88, NO date for the nomination shall be less than seven nor Date of nomination.

more than twenty-one days after the date of the writ.

89. No date for the polling shall be less than two nor more Date of ~01l in~.

than thirty days after the date of nomination.

issued and retuxned within fifty days after the occurrence of the writs.

90, All writs for any periodical or general election shall be Issue and return d

period or dissolution necessitating the election.

91, All writs referred to in the last section shall appoint the ~ominations.

same day for the nomination of all candidates for the same House.

92. Writs shall be directed to the Returning Officer for the writ~,how directed.

district for which an election is to be held,

9%

m

59' & 60" VICTORIE, No. 667.

T h e Electoral

Code.-1896.

93. On the receipt of a writ the Returning Officer to whom it

is directed shall-

Duty of Returning

Ofaaer on reoeipt of

I. Indorse thereon the date of its receipt, and, in the case of an

writ.

Assembly election, forward a copy of the writ to each Assistant Returning Officer, and, in the case of a Council election, forward a copy of the writ to each Deputy Return- ing Officer, who shdl forward a copy to each Assistant Returning Officer:

rI. Advertise its receipt and particulars in two newspapers circu-

lating in the district,

PART

11.

PART

11.-THE NOMINATIONS.

Nominations.

94, No one shaU be capable of election unless duly nominated.

Mode of nomination.

95, All nominations shall-

(a) Name the candidate and his place of residence, and shall-

( b ) Be signed by not less than two persons entitled to vote at

the election:

And no nomination shall be valid unless-

( c ) The person nominated consents to act if elected by signing

the memorandum at the foot of the nomination paper:

Nor unless--

(d) The nomination paper complying with the preceding requi- sites be received by the Returning Officcr after the issue

of the writ and befbre the hour for nomination.

(Schedules XII. and XIII. ),

Time and place for

nomination.

96, Twelve o'clock noon on the day of nomination shall be the

hour for nomination, and the Rct~xrning Officer s h l l then attend at the place of nomination and publicly produce all nomination papers received, and declare the names and residences of all candidates

nominated.

Proceeding8 on

97, The Returniug Officer shall declare the candidates nomi- nated duly elected if no greater number are nominated than are required to be elected; but otherwise the proceedings shall stand adj owned to polling day.

nomination day.

PART

111.-ABSENT VOTERS.

98, Any elector having reason to belicvc that he will on polling-

day-

(a) Be more than fifteen miles from the polling-place at which

he is registered to vote:

( b ) In the case of female electors-

That by reason of her health she will be unable to vote at

the polling-place on polling-day:

may; after the issue of

the writ+ apply for an absent voter's certificate.

(6ehedules XTV., XV., and XVI.)

99. The

59' & 60" VICTORIS, No. 667.

13.

The Electoral

Code .1896.

99, The absent voter's certificate shall be delivered or msted to

- - -

CHAP~IW

the elector, together with an absent voting-paper, with a counterfoil

PABT m.

attached, and also an envelope, duly addressed to the Returning ~ertifiertemd~otin&

Officer at the chief polling-place.

paper.

papers issued, and shall keep and number the applications in initial voting-paper.

100. The Returning Officer shall initial all absent voting- Returnbg Officerto

consecutive order, writing the corresponding number on the

counterfoil of the voting-paper.

101. I n the presence of a postmaster and of no other person How voterecorded.

the absent voter shall record his vote as follows :-

I. By exhibiting the votingpaper unmasked and in the con-

dition in which it was issued:

Ir. By writing on the inside of the voting paper the names of

the candidates for whom he votes. but so that the post-

master shall not see such names:

HI. By signing his name on the counterfoil:

IV. By presenting thc voting-paper, folded up, to be witnessed

and stamped:

v. By enclosing the voting-paper, witnessed and stamped, to- gether with the absent voters certificate in the envelope, addressed to the Returning Officer, and having closed such envelope, by immediately handing the the same to the postmaster for posting.

102. It shall be the duty of the postmaster to immediately Postmaster to atamp

letter.

witness and stamp with the letter stamp of the date any voting-paper presented for witnessin5 and stamping. and to immediately post any envclopc handed to him for posting, and on no account to look at

the names of the candidates for which the voter votes,

103. The Returning Officer shall note on the lists of voters all R eturning Officer to

notif issue of

absent voters' certificates issued; and no elector who has received cedimte.

any such certificate shall be entitled to votc at any polling-booth

unless he shall have delivered up his certificate to the Returning

Officer t'o be cancelled two daj s before the polling-day.

104. In case there shall not be time to conveniently note the Advice to Presiding

Officer.

issue of any absent voter's certificate on any list of voters, pursuant to the preceding section, the Returning Officer shall immediately advise the Presiding Oficer of such issue in such manner as he may think fit.

opened, all absent voters' envelopes received up to the close of the at bcrutiny.

105. -4t the scrutiny the Returning Officer shall produce, un- Letturs to be pmduced

poll, and at the scrutiny the envelopes shall be opened in the presence of the scrutincerrs present, and shall be dealt with as follows :-

(a) The Returning Officer shall produce the absent voters'

applications;

( b ) The

i4

59' & 60" VICTORIW, No. 667.

The Electoral Code.-1896.

C.!=a~~ai

rvb

(6) The Returning Officer, without unfolding the voting-paper or allowing it to be inspected, shall compare the signature of the voter with the signature to the application, and allow the scrutineers to inspect the same, and shall determine whether the signature on the voting-paper is that of the applicant:

PART m.

(c) If the vote is allowed the Returning Officer shall tear off the counterfoil and insert, folded, the voting-paper in the ballot box:

(d) If the Returning Officer shall reject the voting-paper, then the certificate and ballot-paper shall be preserved by the Returning Officer for production at any Court of Disputed Returns that may be held on or about such election, the voting-paper being at once sealed up without being unfolded or inspected:

( e ) Voting-papers so allowed shall be placed in a ballot box by themselves, and, when they have all been inserted, the counting of the votes shall commence:

( f ) No voting-paper shall be allowed at the scrutiny which shall

not be duly witnessed and stamped.

Returning 0%~

to

108. The decision of the Returning Officer as to the allowance

decide.

or disallowance of any absent vote shall be subject only to review

by the Court of Disputed Returns.

Miataker .

107, I t shall suffice, where no two candidates have the same sur- name, for the absent voter to write the surname only of the candidate for whom he votes, and any mistake in spelling of the surname, where it sounds the same, or where the intention is clear, shall not void the vote.

PART

IV.

PART 1V.-THE

POLLING.

Polling.

108. If the proceedings on the day of nomination stand ad-

journed to polling day, the Returning Officer shall immediately

make all necessary arrangements for taking the poll.

Duty of Returning

Odcer.

109. In particular he shall-

I. Appoint a presiding officer to preside at each polling-place

at which he will not be continuously present:

11. Appoint all necessary poll clerks and doorkeepers:

111. Provide and furnish proper polling-booths and ballot boxes:

xv. Provide and issue lists of voters and voting-papers.

Presiding oBcer.

110. The Returning Officer shall himself be the presiding officer

at the chief polling-place.

111. Any

.

59" & 60" VICTORIW, No. 667.

The Electoml Code.-1896.

111. Any presiding officer may appoint a substitute to perform his duties during his temporary absence.

CHAPT*B IT-

Paar xv.

Substitute.

112. No part of

any premises licenscd for the sale of liquor F h, " $ P ~ m m i ~ s

shall be used for the purposes of any polling-booth.

Government and buildings the property of Municipal Corpora- free.

113. State schools, and all buildings under the control of the Buildings to be used

tions and District Councils, which have been or may hereafter be subsidised in their erection by the Government may be used free of charge for the purposes of any poll.

114, Polling-booths shall have separate compartments, con- 8e~rate

mrnpart-

structed so as to screen their occupants from outside observation, mente.

and furnished with pencils for the use of voters.

115. Each polling-booth shall be provided with a ballot box, Ballotboxes.

having both an inner and an outer cover, with a lock and key to each, and with a cleft in the inner cover for receiving the voting- papers.

116. The lists of voters shall bc lists of

the electors on the roll L i ~ t

of voters to

who have been registered for six months, and who claim to vote at the polling-place, and such lists shall be signed by the Returning Officer and delivered to the presiding officers before the hour for commencing the poll for theil* guidance during the polling.

117. In printing the voting-papers-

I. The names of all candidates duly nominated shall be printed

in alphabetical order according to their surnames:

11. If there are two or more candidates of the same surname

their surnames shall be printed according to the alpha-

betical order of their Christian names, or if their

Christian names shall also he the same, then according

to the alphabetical order of their residences, ayranged

and sta tcd on the voting-paper.

(Schedule XVII.)

1x8. Each voting-paper shall be headed with the name of the ~onnof~oting-paper.

district and the number of candidates required to bc elccted.

A square shall be printed opposite the name of each candidate on all voting-papers.

'No voting-paper shall contain anything beyond the heading above

provided for and the Christian and surnames of the candidates and

the squares, and, in the case provided for by paragraph 11. of section

11 7, i he

residences.

(6chedule XVII.)

119. Sufficient

The Elcictoral Cude.1896.

G R I ~ Z S,

m.

119. Sufficient voting-papers for the use of the electors at each

,

polling-place shall be provided before the commencement of the poll.

EJtltBeienO voting-

p a p

to be prodded.

120. No voting-paper shall be delivered to any voter without

being first initialled on the face thereof by the presiding officer and

folded, and an exact account shall be kept of all initialled votiag-

papers.

scrutinsers.

121. Scrutineers may be appointed by candidates to represent

them at each polliag-place during the polling.

Number.

182, One scrutineer only shall be allowed to each candidate at

each pdling-place, except where more than one thousand electors

are on the roll, when one extra scrutineer may be allowed.

Appointment, how

123. Appointments of scrutineers shall be made by written notice

made.

to the Returning Officer, giving the name and address of the scrutineer, or without such notice by permission of the Returning Qffioer.

124. No candidate shall in any way take part in the conduct of

an election; and no one, other than the presiding officer, the poll clerks, doorkeepers, and scrutineers, and the electors voting and about ta vote, shall be permitted to enter or remain in the polling- booth during the polling except by permission of the presiding officer,

The polling.

The polling shall be conducted as follows :-

I. Before any vote is taken the presiding officer shall exhibit the ballot box empty. and shall then securely fasten and seal its inner cover so that nothing can be removed without breaking the seal:

rr. The poll shall open at eight o'clock in the morning, and shall

not close till all electors present in the polling-booth at

seven o'clock in the evening, and desiring to vote, shall

* have voted:

m.

At the close of the poll the presiding officer shall publicly close, fasten, and seal the outer cover and take charge of the ballot box, and with the least possible delay forward it for the purposes of scrutiny; and it shall on no account be opened except at the scrutiny:

W e

of voting.

128. A11 votes shall be cast as follows:-

I. The voter shall state his Christian and surname, and, if so desired by the presiding officer, any other particulars necessary to be stated in the roll for the purpose of identify-

ing the name upon the roll under which the vote is claimed:

The Electoral Code.-1896.

on the list of voters:

Irr. Upon receipt of the voting-paper, the voter ahall, without

delay-

(a) Retire alone to some unoccupied compartment of the booth, and there, in private, vote by making a cross having its centre within the square opposite the name of the candidate for whom he votes:

( b ) Fold the voting-paper and deliver it so folded to the

presiding officer, who shall forthwith openly, and with-

out unfolding it, deposit it in the ballot box:

(c) Quit the booth:

IT.

If any voter satisfies the presiding officer that he is so blind as to be unable to vote without assistance, as required by the last paragraph, the presiding officer shall .permit any person named and described by the voter to accompany him into the voting compartment, and to mark, fold, and

S

deliver his paper for him:

v. If any voter satisfies the presiding officer, before his voting- paper is deposited in the ballot box, that he has spoilt it by mistake or accident, he may, on giving it up, receive a new paper from the presiding officer, who shall there and

then destrov the s~o i l t

DaDer.

127. No person shall be challenged daring the polling as to his a d e ~ r a.

right to vote except by the presiding officer, on the request of a. scrutineer, and then only by the following questions, or some or one of them:-

I. Are you the person whose name appears as A. B. on the roll

in force at this election '1

rr. Have you already voted, either here or elsewhere, at this

election ?

III. Are you of the full age of twenty-one years 1

xv. Are you to your knowledge on the roll for any other electoral

division (or district) ?

v. Do you reside within the division (or district) for which you

now claim to vote

'E

v]. Have you the qualification for which your name now appears

on the electoral roll in force at this election ?

128. The presiding officer, at the request of any scrutineer, shall Qwtiom

put all or any of the above questions applicable to the election to any voter, but no such questions shall be put after the voting. aper awl have been deposited in the ballot box. lab If

mm mdualve.

130, The voter's answer to the questions shall be conclusive,

ancl the matter shall not be further inquired into during the polling.

~~~

to forfeit

vote.

131. No omission of any Christian name, nor entry of wrong Christian name, nor mistake where it sounds the same in the spelling of my surname, nos misdescription of the locality of the qualification, shall warrant the rejection at any polling of any claim to vote if the voter or locality are sufficiently identified in the opinion of the pre- siding officer.

Northern Territory

132# Any elector entitled to vote at any election for the

e1mWm.

Northern Territory may vote at any polling-place therein, but shall first sign his name against the name on the list of voters in respect

of which he clain~s

to vote.

PABT v.

PART V.-THE

SCRUTINY.

scrutiny.

133. The result of the polling shall be ascertained by scrutiny.

134. The scrutiny shall be conducted as to a Council election by

the Deputy Returning Officers, and as to an Assembly election bi

the Returning Officer, as follows :--

r. It shall commence within one hour after the closing of the

poll:

IT. Not more than two scrutineers may be appointed by each

candidate to represent him at the scrutiny at each place

where the scrutiny is conducted:

1x1,

The scrutineers of the candidates may be present, and also m y

rv. All the proceedings at the scrutiny shall be subject to the

persons approved by the Returning Officer, but none other:

inspection of the scrutineers:

v. 'Ballot boxes shall be opened, the voting-papers examined, and the votes counted so that the votes received by each candidate may be ascertained:

VI* The ballot boxes shall be opened in such order as shall be determined by the Returning Officer one after the other, the votes in one ballot box being counted before another is opened:

VII, All votes shall be counted as informal if the voting- paper is not duly initialled, or if it contains anything except the crosses by which votes we required to be cast, or if it contains crosses against the names of a larger number of candidates than b e required to be elected:

VIII. The

CEWT"

IT*

vrlr. The scrutiny may be adjourned as may be necessary until all

the votes are counted; but no scrutiny hall be adjourned

PAST v*

before all votes in any ballot box which has been opened -------

have been counted, &d on any adjournment the b o x ~

shall be deposited in some secure place, and any scrutineer

so desiring may seal the same:

IX. Any scrutineer may object that any vo tingpaper is inform& and thereupon the Returning Officer shall mark the voting- paper " admitted " or " rejected," according to his decision on the objection; and such decision shall be final, subject only to reversal by the Court of Disputed Returns:

X. If an equal number of votes are cast for any candidates, and an additional vote would decide the election, the Returning Officer for the district shall give such vote, but otherwise no such Returning Officer shall vote at any election for which he is Returning Officer.

135. In any Council election-

(~ounoil

eleationa.

I. The duties of Returning Officer in relation to the polling and

scrutiny shall be discharged by each Deputy Returning

Officer as regards his division:

11. Each Deputy Returning Officer, so soon as the result of the

polling within his division has been ascertained, shall, by indorsement under his hand, certify on the copy of the writ the number of votes polled for each candidate within the division, and return the copy of the writ so indorsed:

I

.

The Returning Oficer for the district shall from the copy so returned ascertain the total number of votes polled for each candidate in the council district to which the election relates.

wise, so soon RS possible advise their Returning Officers of the result outlying btriots.

186. Assistant Retlxrning Officers shall! by telegraph or other- Advire of polling: in

of the polling in their outlying districts, so that the result of the

election may be enabled to be ascertained.

PART

V1.-THE RETURN

OF THE WRITS,

P ~ s r

vx.

137. So soon as conveniently may be after the result of the polling at any election has been finally ascertained, the Returning

writt

0 fficer

shall-

I. Publicly declare the result, and the names of the candidates

elected: .

11. By indorsement under his hand certify on the original writ the names of the. persons elected, and the number of votes given for each, and return the writ so indorsed according to its exigency,

138. Immediately

The Electoral Code,-- 1896.

iately after the declaration of the poll, all unused

d all voting-papers which have been used for voting

cted to or held to be informal, shall be destroyed, and all

papers shall be retained until the election can be no

oned, when they shall be destroyed.

Wnrm to b

=t

139. M Returning Officers shall, after any election within their district, send to the Returning Officer for the Province, a return in a tabular form, showing-

T.

The number of electors on the roll:

m.

'She number of electors who voted:

lb. The number of voting-papers issued to electors:

11. The number of voting-papers found in the ballot boxes:

rrl. The number of voting-papers rejected, distinguishing the

numbers-

(a) Not initialled:

( B ) Voting for more candidates than were entitled to be

elected:

( c ) Containing any clue to the identity of the voter:

(U!) Unmarked or informally marked, specifying the nature of

the informality:

And such return shall be accompanied by the lists of voters issued

under section 1 16.

14.0, Any delay, error, or omiesion in the printing, preparation, issue, transmission, or return of' any roll, writ, voting-papers, or list of voters, may be remedied, removed, rectified, and supplied by Proclamation specifying the matter dealt with, and providing for the course to be followed, and such course shall be valid and suffice.

Extension of time.

141, Within twenty days before or after thc day appointed for

the time for holding the election, or for returning the writ, or

any election, the person issuing the writ may provide for extending

meeting any difficulty which might otherwise interfere with the due course of the election; and any provision so made shall be valid and sufficient: Provided that-

I. The provision made shall be immediately notified in the

Government Gazette :

I I. No polling-day shall be postponed at any time later than seven

days before the time originally appointed.

Riot:

142,

If any election is interrupted by riot or violence, the pro- ceedings at the polling-place affected hay be adjourned until the following day, and so on from day to day until the poll is properly taken; and, for the purpose of the election, all days to which the poll is adjourned s h d be deemed continuations of the original polling- day, and the scrutiny shall not close until the votes polled on all such days have been counted. CHAPTER

CHAYf ER

V.-ELECTORAL

EXPENDITURE

CECAPT~B

EL*

moneys expended or expenses incurred by, or on behalf or i n the

143.

Electoral expense " in Chapters V. and VI. include all E M O ~

interests of, any candidate at or in connection with ally election, excepting oul y the personal and reasonable actual living and travelling expenses of the candidate.

144. No electoral expense shall be recoverable in any Court.

Not ncmmble.

146. No electoral expense shall be allowed egeept in ~espect

of --*1Ead*

the following matters :--

r, Purchasing electoral rolls:

11. Printing, advertising, publishing, issuing, and distributing

addresses by the candidate and notices of meetings:

111. Stationery, meswges, postages, and telegrams:

IV. Committee rooms:

v. Public meetings and halls therefor:

VI. Scrutineers:

VII. One election agent for each candidate.

146. No electoral expense shall be allowed in respect of any Rataof

candidature in excess of

the following rates: -

I. For each candidate Fifty Pounds, and Five Pounds additioual

for every two hundred electors on the roll above two

thousand:

11. 'Twice the above rates for any Northern Territory Assembly

election.

147, .4ll money provided by any person other than the candi- Paymentabmdi-

date for any electoral expense shall be paid directly to the candidate datw.

personally.

148. Every electoral expense, except where less than Forty Vouchm.

Shillings, shall be vouched for by a bill of particulars and by a receipt,

149. Within twenty-bne days after the result of any election et-.

has been declared, or in the case of the Northern Territory within eigiit weeks after such declaration, every candidate at such election shall sign before a Justice of the Peace and file with the Returning Officer for the Province all vouchers for and a true return of his electoral expenses, showing -

(a) All electoral expenses:

( b ) All disputed and unpaid claims:

(c) All receipts for electoral expenses under section 147.

Schedule XVIII.)

160. If

22 5 9 O & 60" VICTORIW, No. 667.

The Electoral Code.- 1896.

a

--

CEIAPTEB V.

150, If any Candidate proves to the Court of

Disputed Returns

k a u ~

to file return. that his failure to file a return or vouchcr, as required by the last section, has arisen from illness or inadvertence, or any retlsonable cause of a like nature, and not from any want of good faith, or that any error, omission, or false statement in the return or vouchcr filed has similarly arisen, the Court may permit thc filing of the return or vouchers, or of a new return or fresh vouchers, or the amendment of the return or vouchers filed, and may exonerate the candidate from all liability in the matter.

Publication and iu-

151, The Returning Officer for the Province shall, as regards a11

spection of returne.

returns and vouchers filed pursuant to this chapter-

I. Forthwith publish in the Gazette particdars of the total amount of the electoral expenses of the candidate, arranged under the headings of the paragraphs in section 145:

11. Keep the returns and vouchcrs open for public inspection,

without fee, at reasonable hours for three months after

filing:

m. During the same period supply copies of or extracts from the

return and vouchers at Six Pence per folio of seventy-two

words.

152. If, on petition to the Court of Disputed Returns against

~andidste

to prove

that he has not

the return of

a candidate, there shall be proved any electoral

i n c u d illegal

expenae.

expense on any matter other than the matters allowed by section 145 or in excess of the rates allowed by section 146, the election shall be declared void unless the candidate shall satisfy the Court that such expense was neither dircctly nor indirectly incurrcd by him or on his behalf. or that he had neither directly nor indirectly sanc- tioned, countenanced, nor approved of the same in any way.

CHAPTER

VI.

CHAYTER V1.-OFFENCES

AND PENALTIES.

offmc~,

153. To secure the due execution of this Act and the purity of

elections, the following acts are hereby prohibited and penalised :-

I. Breach or neglect of official duty:

XI. Illegal practices, including-

( a )

Bribery:

( 6)

Undue influence:

111. Electoral offences:

Breach or negltct 'uy

154,

'' Breach or neglect of official duty " includcs-

offloera.

I. Any attempt by any officer to influence the vote of any

elector, or, except by recording his vote, the result of

any election:

11. The disclosure of any knowledge officially acquired by any

officer touching the vote of any elector:

III.

Any

59'

& 60" VICTORIE, No. 667.

28

me Electoral Code.---1896.

1x1. Any neglect or refusal by any officer to discharge any

CHAPTBR vr.

official duty, and any violation by any officer of any

provision of this Act.

Breach or neglect of official duty shall be punishable by a fine not exceeding Two Hundred Pounds, or by imprisonment not exceeding one year.

155. TiVhoever-

Bribery,

I. Promises, or offers, or suggests any valuable consideration, advantage, recompense, reward, or benefit for or on account

of, or to induce any candidature, or withdrawal of candida-

ture, or any vote or omission to vote, or any support of, or opposition to, any candidate, or any promise of ariy such vote, omission, support, or opposition:

11. Gives or takes any valuable consideration, advantage, recom- pense, reward, or benefit for, or on account of, any such candidature, withdrawal, vote, omission, support, or opposi- tion, or promise thereof:

m. Promises, offers, or suggests any valuable consideration, ad- vantage, recompense, reward, or benefit, for bribery, or gives or takes any valuable consideration, advantage, recompense, reward, or benefit for bribery:

shall be guilty of bribery.

156. Without limiting the effect of the general words in the Definition.

preceding section, bribery " particularly includes the supply of meat, drink, or entertainment after the nominations have been officially declared, or horse or carriay hire for any voter whilst going to or returning from the poll, with the view to influence the vote of an elector.

157. Whoever threatens, offers, or suggests any-

Undue intIuence.

I. Violence, injury, punishment, damage, loss, or disadvantage for or on account of, or to induce any candidature, or with- drawal of candidature, or any vote or any omission to vote, or any support or opposition to any candidate, or any promise of any such vote, omission, support, or opposition:

11. Or uses, causes, inflicts, or procures any violence, punishment,

damage, loss, or disadvantage for or on account of any such candidature, withdrawal, vote, omission, support, or oppo- sition:

shall be guilty of undue influence.

158. Without limiting the effect of the general words in the nitio ion.

preceding section, undue influence," includes every interference or attempted interference with the free exercise of the franchise of any voter. 169. No

.M

59' & 60" VICTORIW, NO. 667.

C a a ~ a ~ s

71.

168. No declaration of public policy or promise of public action

Emeption.

& l be deemed bribery or undue influence.

nhgd practice8 .

160.

In addition to bribery and undue influence the following

shall be illegal practices: -

(a) Any personal solicitation by s. candidate of the vote of any elector within forty-eight hours before noon on polling- day:

(6) Any attendance by a candidate at any meeting of electors held for electoral purposes within forty-eight hours before noon on polling day:

(c) Any contravention of the provisions of Chapter V. with reference to electoral expenses and the filing of returns

and vouchers:

(d) Any publication of any electoral advertisements or any issue of any electoral notice without at the end of the advertisements the name and address of the person authorising the advertisement, and on the face of the

notice the name and address of the person authorising the

notice.

Punishment.

161. Any illegal practice shall be punishable as follows :-

(a ) Bribery or undue influence by a fine not exceeding Two Hundred Pounds, or by imprisonment not exceeding one year.

( b ) Any other illegal practice by a fine not exceeding One Hunched Pounds, or by imprisonment not exceeding six months.

isq qualification.

163. If

any candidate shall be convicted by the Court of Disputed

Returns of any illegal practice he shall be disqualified from election to Parliament for two years, and his election (if he is a successful

candidate) shall be declared void.

~ ~ e o t o r s l

ofhmxa.

163. The matters mentioned in the first column of the table at

foot shall be electoral offences punishable as provided in the second

column of the table opposite the statement of the offence.

Table of Electoral Ofences and Punishments.

. --

l

First Column.-Offences.

Second Column.-Puniehmenta.

Falsely personating any person to secure a

Imprisonment not exceeding two yearn

voting-pa er to which the personator is

not entit ed, or personating any other P

person for the purpose of voting

Fraudulently destroying or defacing any

Imprisonment not exceeding two years

nomination or voting paper

5 9 O & 60" VICTORIE, No. 667.

95.

The Electoral Code.1896.

C E U T E ~ vt.

Table of

Electoral Ofences

and Pmishrnents-continued.

Second Column.-Punishments.

Fraudulently putting any voting or other paper into ballot box

Imprisonment not exceeding six

months

Fraudulently taking any voting-paper out

Imprisonment not exceeding sir

of

any polling- booth

months

Forging or uttering, knowing the same to be

Imprisonment not exceeding two yeare

forged, any nomination or voting paper

In any polling-booth on polling day miscon- ducting himself, or failing to obey the

Fine of not exceeding Five Pounds, or

imprisonment not exceeding one

lawful directions of the presiding officer

month

Supplying voting-papers without authority.

Imprisonment not exceeding six

months

Unlawfully destroying, taking, opening, or otherwise interfering with ballot boxes

In~prisonment not exceeding six

month S

or voting-papers

Voting more than once at same electioii.. ..

Fine of not exceeding Fifty Pounds, or imprisonment not exceeding three months

Voting in any district or division other than

Fine of not exceeding Twenty Pounds

that in which he rcsides

or imprisonment not exceeding one

month

Wilfully defacing, mutilating, destroying, or removing, any notice, list, or other docu- ment affixed by any Returning Officer or

Fine of not exceeding Two Pounds

by his authority

Wilfully making any false statement in claim, application, return, or declaration, or in answer to a question under this Act

Imprisonment not exceeding two years

164. Whoever in any polling-booth on polling day rnisconducts Offender may be

himself, or fails to obey the lawful directions of the presiding

removed from polling-

officer, may be removed from the polling-booth by any constable

or by any person authorised by the presiding officer.

165. Any person so removed re-entering or attempting to re- Furth~rponiBhmem(.

enter the polling-booth without the permission of the presiding officer sl~all be guilty of n further electoral offence, punishable on convictioil by twice the penalties prescribed in the table for the original offence.

166. Witnesses called on the part of the prosecutor in any ~,,-,,-~~i~,,

of

prosecution for an offence under this Act may, unless the Court witnes8~.

;hall order the contrary. be cross-examined by the prosecutor or his

counsel.

D-667

167. The

59" & 60" VICTORIW, No. 667.

The BZectoral Code.-1 896.

C ~ A P T ~ R

vx.

11157, The Court may, without argument, order that the prosecutor

Hwtile witnessea.

or his counsel be not allowed to cross-examine any witness called on

his part if such witness appears to the Court to be hostile to the

defendant

.

168. The acts of authorised agents of candidates shall, in mattera connected with elections, be deemed to be the acts of their principals unless it be proved that such acts were committed without their knowledge or consent, and that they had neither directly nor in* directly sanctioned, countenanced, nor approved of the same in any way.

Liability for indirect

acts.

189, Every person shall be liable for an illegal practice com-

mitted directly or indirectly by himself, or by any other person on

his behalf, except as mentioned in the last section.

Certificate of Return

ing Officer, evidence.

170, On any prosecution under this Act the certificate of the

Returning Officer that the election mentioned in the certificate was duly held and that the person named in the certificate was a candi- date at such election shall be conclusive evidence of the matter stated.

CHAPTER V1I.-DISPUTED

RETURNS.

he court

171, There shall be a

Court of Disputed Returns."

Constitution.

172, I t shall be constituted of the Junior or sole Acting Judge of

the Supreme Court and-

r, Four Members of the Council, in Council cases;

11. Four Members of the Assembly, in Assembly cases:

Election.

173. The Members of the Court, other than the Judge, shall be

elected-

K, As to the Council Members, by the Members of the Council

after each periodical or g e n e d election:

11. As to the Asscmbly Members, by the Members of the House

of Assembly after each general election.

vacancy.

174, If any Member of the Court, other than the Judge, shall

die, or resign, or refuse to act, or vacate his seat in the House which elected him, he shall cease to be a Member of the Court, and the vacancy shall bc filled by another election.

Failure to elect.

175. If

either House shall fail to elect Members of the Court,

of Disputcd Keturns for one week after the first meeting at which such election could be made, the vacancies shall be supplied by nomination of the necessary Members by the President or Speaker

of the House affected.

176. All

59' & 60" VICTORIA, No. 667.

-

$7

T h e Electoral

C o d e.

1896.

176. All elections or nonlinations to the court of Disputed

CHAPTEB vrI.

Returns shall be recorded in the proceedings of the House -from &co&. which the election or nomination is made; and a copy of the record, certified by the Clerk of the House, shall be conclusive proof of the proper constitution of the Court.

17'7. The Court shall not meet unless convened by order of Meeting.

either House.

178. The Judge shall be the President of the Court.

Condition of oace.

179. The Court shall not proceed to hear any case until each Declaration.

of its Members shall have subscribed the following declaration :-

'c I,

, being a Member of the Court of Disputed Returns, do solemnly promise that I will do justice in all matters brought before this Court to the best of my ability,"

180. The Court shall have jurisdiction to hear and determine all Jurisdiction.

questions of disputed returns referred to i t by either House, and

affecting the House by which the reference is made,

181. The Court shall be an open Court, and shall have the Powers.

following powers :-

r. To adjourn, but so that no interval of adjournment shall exceed four days:

xr.

To compel the attendance of witnesses and the production of documents:

m. To examine witnesses upon oath or affirmation:

IV. To regulate the form and mode of its proceedings in each

case:

v. To declare that any person who was returned as elected was

not duly elected:

VI. To declare any person duly elected who was not returned as

elected:

VTI. TO direct any new election:

VIII. To dismiss or uphold any petition, in whole or in part:

IX. To award any costs.

182. No return shall be disputed except by petition, and no Petitions.

petition shall be noticed nor shall any proceedings be had thereon

unless the petition: -

I. Is addressed to the House affected, and presented by a Member, or left with the clerk within the following times-

(a) In the case of a petition against a return within twenty-

eight days after the day of election:

lb) In

59' & 60" VICTORIR, No. 667.

CHAPTER

YII.

( b ) I n the case of

an a yplication under section 152 for

tion from liability before any proceedings hzve been

commenced to enforce such liability.

11. Is signed by a candidate at the election in dispute or by a

person who was qualified to vote thereat, and has each signature attestcd by two witnesses, whose occupations and addresses are stated:

.SII. Is in case of a petition against a return accompanied by a

certificate of the clerk that Fifty Pounds has been lodged

with him as security for costs.

Time.

183. All petitions shall, within ten days after the same have been received, be referred to the Court if Parliament be then in Session, but, otherwise, within ten days after the next meeting of Parliament.

Inquiries by Court.

184, The Court shall inquire whether or not the petition is duly

signed, but the Court shall not inquire into the correctness of any electoral roll, or into the qualifications of any proposer, or into the sufficiency of any nomination, or into the qualifications of persons whose votes may have been either admitted or rejected, but only so far as rolls and voting are concerned, into the identity of the persons, and whether their votes were improperly admitted or rejected, assuming the roll to be corrcct.

Red justice to be

185, The Court shall be guided by the real justice, substantial

observed.

merits, and good conscience of each case without regard to legal forms, technicalities, or solemnities, or questions of' practice or procedure, and then shall direct themselves By the best evidence that they can procure, or that is laid before them, whether the same be such evidence as the law would require or pcrmit in othcr cases or not.

Immaterialem not

186, No election shall be voided on account of any delay in the

to vitiate election.

nomination, polling, or return of the writ, or on account of the absence or error of any officer which shall not be proved to have affected the result of the election.

Limitation of sitting

187, The proceedings of the Court sliall in no case extend

daye.

beyond the period of five sitting days, or such further period, if any, as shall be allowed by resolution of the House by which the Court shall have been convened. If no decision be come to by a majority

of the Court within five sitting days or such further period, if any,

the Presidcnt shall pronounce a decision.

Decisions tobe inal.

188, All decisions of the Court, whether pronounced by the Court or a majority or by the President, shall be final and conclusive without appeal, and shall not be questioned in any way.

P & 60" VICTORIJE, No. 667.

--

h

The Electoral Code.1896.

leg. 'l'hc Court shall be attended by an officer of the House

CHAPTEB n x -

affected, who shall minute the proceedings as directed by the Court, Min~,,.

and a copy of the minutes shall be furnished to the House.

the deposit, on the order of the President or Speaker, shall be costs.

190. If costs are awarded to any party against the petitioner, Deposit applicable or

applicable in payment of the sum ordered, but otherwise the deposit

shall be repaid to the petitioner.

191. A11 other costs awarded by the Court, including any balance Other coats.

above the deposit payable by the petitioner shall be recoverable as if the order of the Court were a judgment of the Supreme Court, and such order, certified by the President of the Court, shall be entered as a judgment of the Supreme Court, aud shall be enforced accordingly

192. Effect shall be given to any decision of the Court aa ~ ~ e c t o f

decision.

follows :-

I. If any person returned is declared not to have been duly

elected, he shall cease to be a Member:

11. If any person not returned shall be declared to have been duly elected, he shall take his seat accordingly:

111. If any election is declared absolutely void a new election shall

be held.

--

CHAPTER VII1.-SUPPLEMENTARY.

CHAPTER VIII.

193. All electoral papers provided for by this Act may be trans- Postal*

mitted through the post free of charge, subject to any postal rcgula- tions, and all papers so transmitted, if duly addressed, shall, on proof of posting, unless the contrary be shown,- be deemed to have been duly served on and received by the person to whom the same were addressed on the day when in the ordinary course of post they should

have been received at his address.

194. As regards the Northern Territory, any telegraphic advice Telegraph.

communicated in the ordinary course shall suffice for all the purposes of this Act as if the matter telegraphed had been communicated in manner provided by this Act.

195. The Governor may make any regulations to carry out the Reguktiona.

objects and purposes of this Act, or as may be necessary for the

administration thereof, and any such regulation may impose a penalty pemlty.

not exceeding Twenty Pounds for any breach thereof.

196. All such regulations shall be published in the Government Publication of

Gazette, and shall be laid before Parliament if Parliament be then Regulations. in Session, and if Parliament be not then sitting, then within twenty

one days after the commencement of

the next Session of

Parliament; ~; d before parlb.

and all regulations so made and published as aforesaid shall have the menta

force of law from the date of their publication.

197. The

-90

59' & 60" VICTORIE, No. 667.

Th Electoral

Code.-1896.

War** ~ 1.

187, The provisions of all lqws relating to summary proceedings before Justices shall apply to all prosecutions under this Act or the regulations thereunder, and all informations under this Act or the re&dations thereunder 'in respect of such offences may be summarily heard and determined befoxe a Special Magistrate or two Justices of

summary procedure.

the Peace.

dismissing any information under this Act, or under any regulation 1m. There shall be an appeal from any conviction, order, order

thereunder, and such appeal shall be to the Local Court of Adelaide

in its Full Jurisdiction,

In the name and on behalf of Her Majesty, I hereby assent to

this Bill,

T. F. BUXTON, Governor.

& 60" VICTORIB, No. 667.

SCHEDULES*

SCHEDULE I.

Eectorat Laws Repeabd.

Lawe Repealed.

Title.

Extent of Repeal.

The Constitution

Act

,, .. .. ,. .. .. .. ..

Section 26, relating to the

issue of writs for aup-

ply in@;

vacancies

An Act to provide for the Issue of Writs

The whole

for the Election of Members of Parlia-

I

ment in certain cases

15

The Electoral Act, 1875"

.. .. .. .. ..

The whole

pl

An Act to amend "The Electoral Act,

The whole 4 g

1879 "

The Electoral Amendment Act, 1882 "

The whole l 2 3

The " Electoral Act Further Amendment

The whole ) m,

Act,

1883 "

1 2 0

7

The Electoral Act Further Amendment

The whole 1 2 2

Act, 1885"

@

An Act to alter the Hours of Voting at

The whole

Parliamentary Elections

I B

" The Absent Voters Electoral Act, 1890 "

The whole

An Act to amcnd "The Absent Voters

The whole J

Electoral Act, 1890 "

An Act to amend the Laws relating to the Election of Members to serve in Parlia- ment, and for other purposcs

The whole

An Act to amend the [!onstitution

.. .. ,.

Section 4

SCHEDULE 11.

Legislative Council.

No.

Name of Dietrict.

Place of Nomination.

-

-.-

l

Central Electoral D i s t ~ c t

.. .. .. .. ..

Corporation Acre, City of Adelaide

2

Southern Electoral District

., .. .

.. .

Strathalbyn

3 1 North-Eastern Electoral District. .. . / Kapuoda

I

4

1 Northern Electoral District

.. .. .. .

. / Port Pirie

59" & 60" VICTORIW, No. 667.

The Electoral

C o d e. 1896.

5g0 & 60" VICTORIW, No. 667.

33

The Electoral Code.-1696.

House of Assm6ly-continued.

Polling-places for which Pwt&w

keep the Rolla.

Polling-place

LoeaI Court

Local Court

No.

Name of District.

and

for which Returning Officars

at which Xolls are

it which RoUa are

Chief Polling-place.

keep the Rolls.

Revised.

Polling- places.

Revieed.

Woodside

......

Woodside

..........

Murray Bridge

Murray Bridge

Balhannah

..........

Monarto

........

1

Forest Hange

Woodside

Harrowgate

........

Callington

......

""" >

Murray Bridge

Nairne ............

Kanmantoo ......

Lobethal

..........

J

Stirling East

....

Norton's Sununit. .

Uraidla ........

Montacute

......

I

Port EIliot

Goolwa ........

Goolwa

Port Elliot

......

Port Elliot

.........

Port Victor ........ !

Nangkita V. S.

.. 1

Yankalilla

......

Inman Valley

....

Second Valley.

...

Yankalilla

Bullaparinga

....

Cape Jervis

......

Myponga ........

Kingscote ......

l

Hog B a y. . ......

Tanunda

........

! Tanunda

.. .. .. .. ..

Angaston

......

Nuriooipa ..........

Tanunda

Moculta ........

i Lyndoch Valley

....

Keynetnn ......

Sedan ..........

Truro ..........

Stockwell ......

Anna ..........

Truro

Blanchetown ....

Gawler

59' & 60' VICTORIA?, No. 667..

The Electoral Code.-1 896.

--

.. ..

.. ..

.. ..

.. ..

.

...

.. *

d. ..

$ 8

5%

9

z5.S

z * g.$

aGw

36 59' & 60" VICTORIW, No. 667.

The Electoral

Code .1896.

Balaklava ......

Riverton

..........

Eamley Bridge. .

Tarlee ...........

River ton

Stockport ......

Hamley Bridge

Rhynie

............

1

A lma

..........

Auburn ........

Auburn

Watervale ......

I

Balaklava: )

.. ...

Halbury ........

Balaklava

Hoyleton ........

Port Wakefield. .

Nantawarra ......

Port Wakefield

Mount Templeton

Gladstone ......

Port Pirie ..........

Glaclstone or Boo-

Crystal Brook

......

yoolie ........

Gladstone

Port Pirie

Wandearah

........

Calto wie

........

l

Warnertown I

........

Laura ............

Laur a

Georgetown.. ....

Narridy ........

Georgetown

Orroroo

........

Orroroo ............

Melrose

........

Wallow ay

..........

Willowie ........

Morchard ..........

Wirrabara ......

Mount Remark-

Pe

kina

............

Marray Town.

.

,

.

able

Blackrock ..........

Booleroo Centre. .

Tarcowie ..,.......

Yarrowie ..........

Port Germein ....

Dawlish

............

Mambray Creek. .

Port Germein

Yatina ............

Telowie ........

Petersburg

......

Yon gala

........

Mannanarie

....

Lancelot ........

Dawson

........

Pe tersburg

Nackara

........

Yunta ..........

Mannahill

......

Wadnaminga ....

Parnamo ......,.

$38

59' & 60" VICTORIR, NO. 667.

The Electoral Code.-1896.

59' & 60" VICTORIR, No. 667.

39

The Electoral Code.-1 896.

- F:

( d.

: :b"

0 B Q ""

3 : 3-$3 -

c j 6 0 3 h?& g

0 "

G P % a 2 a g 0

0 0 0 s

$ ' E C G

2

2584

d g ' 5

g g l a -5.;

S G J @

Z ~ O F ~

R

~ 9 4 B

SCHEDULE

5gu & 60'

VICTORIB, NO. 667.

The Electoral Code. -1 896.

SCHEDULE 111.

Received this day from A. B,, of

claim for registration (or application for transfer) on Legislative Council (or House

of Assembly) roll for

district.

~ a t e d

this

day of

18

SCIIEDULE IV.

LEGISLATIVE

COUNCIL

ELECTORAL

ROLL.

[Central] District, [ATorth Adelaide] Divisio~a.

Roll of Electors who vote at [Walkervillc].

Christian and

Where Property

Date

Column for

Surname

Place of

Nature of

affording

of

Remarks and

No.

of each Elector

Residence.

aualification

Qualification is

Regis-

Initial8 to

at Full Length.

Situated.

tration

Alterations.

Housn OF ASSEMBLY

ELECTORAL

ROLL.

District of [East Torrens].

Roll of Electors who vote at [Glynde].

Christian and

1

Column for

Surname

Profee~ion or

Date of

Remarks and

No.

of each Elector

Place of Residence.

Occupation.

Registration.

Initials to

at Full Length.

Alterations.

-

SCHEDULE

59' & 60" VICTORIE, No. 667.

The Electoral Code.1896.

SCHEDULE V.

[8turt ] Division, [Centrail District.

I claim to be registered on the roll for the above division and to vote at LGHenelg].

1. I am a natural born ("or naturalised) subject of Her Majesty.

2. I reside within the division.

3. I am not, within my knowledge, registered on the roll of any other

division.

t 4. I possess the following qualifications, viz. :-l

2 3

€J Situate at-

Dated

day of

, 18

Christian and surname in full-

Place of residence-

[ Usual

slgnafure.]

QUALIFICATIONS.

* Strike out, as the case may be.

t l. Freehold, clear value of $60.

2. Registered leasehold of clear annual value of $20, with

three years to run or right of purchase.

3. Occupying dwelling-house of clear annual value of 626.

9 ~ -. ~. - ~ t a t e

fully where hualifping property is situate-in

the country, giving section; in town,

name of street; and s w h other particulars as will enable it to be easily and clearly identified.

The claim, if posted addressed to

The Registrar,"

at the address in Schedule 11. to the E iecb id

Code, will travel post free.

SCHEDULE VI.

District of [

TYest Adelaide].

I claim to be registered on the roll for the above district and to vote at [the

General Post Office].

1. I am a natural born ("or. naturalised) subject of Her Majesty.

2. I reside within the district.

3. I am not, within my knowledge, registered on the roll of any other

district.

Dated this

day of

, 18

.

Christian and surname in full-

Place of residence-

Occupation-

[ Usual

sigmture, J

The claim. if posted addrea~ed

to '' The Registrar,"

at the address in Schedule 11. to the Electoi.al

Code, will travel post free.

* Strike out, as the caee may be.

SCHEDULB

F-667

59' & 60" VICTORIA, No. 667.

The Electoral Code.-189 6.

SCHEDULE VII.

Application

to

T r a n v e r.

Christian and surname in full-

Present residence-

Occupation-

"Date of registration-

t Qualification for Legislative Council-

l

2 3

formerly residing at

, registered to -vote at

polling-place, having bond $de changed my residence, do hereby claim to have my name inserted on thc electoral rolls for the Legislative Council and f House of

Assembly for

, and to votc at

polling-place.

Dated t h i ~

day of

, 18

.

[Signature. l

Signed by the applicant this

day

of

, 18

, before me.

E.F.,

Address-

* Date only necessary when not six months registered.

t

QUALIFICATIONS.

1. Freehold clear value of $50.

2. Registered l~aeel~old

of the clear annual value of $20, with

throe years to run, or right of purchase.

3. Occupying dwullirlg-house of clear annual value of $26.

N.B.-State

fully where qualifying property ia situated -iu

the country, give section; in towns,

name of street.

f If only House of Aesernbly, strike out words " Legidative Council, &c,"

The ap licrttion, if posted addressed to

The Registrar,"

at the address in Schedule 11; to the

Electoral 80&, rill travel post free.

SCHEDULE VIII.

Notice of Objection.

I object to the name of

[give name, residence, altd ocaup~t ion

u i p e r a o n objected to, as

h

the roll] being

retained on the roll for the District ( o r Division) of

on the

ground that [here state yrounds of objection]

Dated this

(Signed) A.B., of [here state residence and occupation of

oljector.]

The notice of objection, if posted addressed to the clerk of the Revision Court at which the district rolls in question are revised, will travel post free.

SCHEDTJLE IX.

Summons.

Mr.

You are required to appear at the sittings of the Revision Court to be held at the hour of

a t

, on the

day of

9

18

3

o'clock in the

,

to show cause why your

name should not be struck off the roll for thc

District (or Division)

on the ground that [here state grounds f r o m notice of

objection],

, Clerk of the Court.

N.B.--In cam you do not attend you will be liable to have your name atruck off without further

hotim.

BCHEDULE

VICTORIE, No.

The Electoral Code.-1896.

SCHEDULE X.

List gf Persons Ohjected to.

The following prsons have been objected to as not being entitled to have their names retained on the electoral roll for the Division of

IJEGIST~ATIVE

COUNCIL.

--

.p---

-

Nature

Christian and Surname of each

Place of

Date of

Ground of

Elector a t Pull Length.

Residence,

l

Begistration.

Objection.

l

I

l

I

-

-

L

-

-

-----p

1

I

I

l

p-

1

(Signed)

The following persons have been objected to as not being entitled to have their names retained on the electoral rull for the District of

Housx OF ASSEMBLY.

Christian and

Surnume of each

Placo

of

Profession or

Date of

Ground of

Eletttor at

Residence.

Occupation.

Registration.

Objection.

Pull Length.

(Signed)

SCHEDULE XI.

South [Royal Arms] Australia.

Form

of

W r i t.

To

Returning Officer for

in the province of South Austra

Qreeting-

By virtue of the provisions of " The Electoral Code, 1896 "-

-I, (His ~ x c e l l e i c ~

the Governor, or the IIonorahle the President of the Legislative

Council, or the Honorable the Speaker of the TIouce of Assembly), hereby command

you that you cause election to be made arcording to lnw of

member

for the [hem S F I o z ~ t name qf dislrict Jbr which P Z ~ C ~ L O ? I is to he h c M ] to serve in the (Legislative Council o r House of Abeembly) of the said province, a d I appoint the following dates for the purposes of the mid election :-

l. For nomination,

the

day of

, 189.

2. For taking the poll at the different polling-places (in the event of the election being contested),

the

day of

, 189.

3. For return of writ, on or before

the

day of

, 189.

Given z

issued by the Gouernol*, " under my hand and the public seal of South

.

Australia; if zssued by the Presirled or Sp~aker,

"under my hand and seal "1, at

Adelaide, this

day of

, 189.

[INDORSEMENTS.]

L

Returning Officer for the [here set out district]

do hereby certify that I have recoived the within wri t on the

day of

189.

, Returning

Officer.

1,

5 9 O & 60" VICTORIA, NO. 667.

The Electoral Code.-1 896.

1,

Returning Officer for the [nnnze o f district] do hereby

certify that on the

day of

duly elected

member

to serve in the (Legislative Council or House of Assembly)

for the said District.

The number of votes polled by the candidatcs were as follows :-

E Insert names of the candidates and votes polled by each].

Fill in date of nomination (f etection znzcontested, and date ofpolling-day v c o n -

tested.]

-p-

, Returning Officer.

The execution of this writ appears by the indorsements lnadc by me tlwcon, and

sealed up by mc and transmitted herewith to the Speaker of the House of Assembly.

Dated this

day of

.

, 1 8 9

.

, Returning Officer for the Electoral District of

SCHEDULE XII.

Legislative Council Nomination Puper.

To the Returning Officer of the *

District.

Sir-We,

the undcrsigncd, electors of the I'llectoral Division of

9

do hereby nominate [Chrishaan and surname, residence, atid occupation of person

nominated? as a candidate to serve in Parliament as a Member of the Legislative

Council for the

District.

Dated the

day of

18

.

Signatures

and

Residences of Nomin~tors.

consent to the above nomination, and to act if elected.

Witness-

[Signature of Candidate.]

Address-

* Four Districts-No.

1, Central Electoral District; No. 2, Southern Electoral District; No. 3,

North-Eastcm Electoral District; No. 4, Northern Electoral District.

SCHEDULE XIIT.

House

qf

A s s ~ m b Z ~

Nomimction Payer.

To the Returning Officer of the District of

Sir-We,

the undersigned, electors of the Electoral District of

1

do hcrcby nominate [C%rislin,t, szcr~znn~e,

reside?zr~, nml

occzcpalion of

persot&

nomijr o tsd] of

as a ccaudidnte to serve in l'arliament as a

Member of the House of Assembly for the District of

Dated the

day of

18

.

.

P

. - A

9

Signatures

und

Rcsic'euces of R'ominators.

-

l

l

.-

- -

.-

-P

I,

of

9

consent to the above nomination, and to act if elected.

Witness-

[S ig?dure of

candid at^.]

Address-

SCHEDULE

No.

The Electoral Code.1896.

SCHEDULE XIV.

Application f o r Absent

Voter's Certificate.

To the Returning Officer, Electoral Division /or District) of

I [here stote your Christian names, sur~rrrnw, residence, a d occz~pation] do

hereby declare as follows, that is to say :-

l. I have been duly registered for six months on the electoral roll, and am now

entitled to vote for the Division for District) of

, and to ~ o t e

at

2. I reside at the above address in the said division for district), and I am no3 registered in any other division for district), and I am of the agc of twenty-one years.

3. I make this application for an absent voter's certificate to entitle me to vote through the post office, belie~ing

that I am entitled thereto.

4. My reasons for believing that I am entitled thereto : - - [ /we

state reasons such

as I have arranged to leaue South d4zcstmlia

for

Victor& o v ?/'c?

Of

,

and 1 do not intend to re turn b ~ f o r e

the

day of

.l

I reque8t that thc necessary certificate and voting-paper bc forwarded to me at the

above address ( o r to

> -

Dated this

clay of

18

.

/Signcctzcre)

"Signed and declarea in the prcsencc of-

*N.B.-To

be signed i n the presence either of a Justice of the Peace or postmaster or person

acting as postmaster.

Any false statement in the above is a misdemeanor, punishable by imprisonment, with or without

hard labor, not exceeding two years.

SCHEDULE XV.

Absent Voter's CertiJicate.

I hereby certify that

of

is entitled to

vote at the present election for the Legislative Council for House of Assembly)

as an absent voter.

Dated this

day of

,

28 .

(Signed)

Returning Officer, Electoral District of

SCHEDULE XVI.

Absent J'ofer's Voting-paper.

I ~ s ~ ~ v c ~ r o ~ s. - I n

the presence only of the postmaster the voter must write the

names of the candidates for whom he votes and the voter must then sign his own lmnc on the counterfoil. The postmaster must not look at the names of the candi- dates for who111 the roter votes, but the postmaster will witness the signature and stamp the voting-paper, without unfolding the same, with the post ofice letter stamp for the clay ancl date, and return the voting-paper to the voter. The elector will then inscit this voting-paper in the envelope on which the certificate is signed and marked

For voting-paper," and fasten.

'I'lien, after sealing up or fastening the letter in

thc envelop addressed to the I le tur~~ing

Officer, will hand it at once to the post-

master fo r posting.

COUNTERFOIL.

No.

Signature of Voter

WTitnesb-

Postmaster.

.

[To be starnprd \\ith post office sta~np.]

ISDORSEMENT.

Below write the names of the candidates you vote for :-

SCHEDULE

59' & 60" VICTORIW, No. 667.

The Electoral Code.1896.

SCHEDULE XVII.

Vo tiny

Paper.

Legislative Council-[Central)

District.

or

House of Assembly-[Albert]

District.

Number of Members to be elected [TWO].

Henson, Samuel,

................................................

U

Castle, Clordon

..................................................

Cornish, Charles

................................................

U

Martin, Gcorge

..................................................

Sutton, Herbert..

................................................

Thomas, Arthur

................................................

U

Williarns, Benjamin (Gilbert,on)

....................................

Williams, Benjamin (Walkerville) ..................................

SCEIEDUI~T~

XVIII.

Porm of Return of

Elmtoral Zzpenses,

I, h. B., candidate at the election for the District of

9

on the

day of

make the following

return respecting my electoral expenses at the election :-

RECEIPTS.

2 S. d.

Received of

J. K.,

.............................................

[Here set out the name and description of

every person, club, societ;~,

o r association fi-om whom any money was receitled in respect of

expenses.]

Paid G. H., my election agent..

..................................

Paid to I. J.,

clerk, for

days' uervices. .......

Paid to K. L., scrutineer at

......................................

[The nanzcs and descrt$tions of

the agetat and every clerk and

scrutineer, and the sumpaid lo pack, must 6e set 021t separntely.]

Paid to the following persons in respect of goods supplied or work and

labbrdone ................................................

EXPENDITUEE

59' & 60" VICTORIW, No. 667.

[The name and description, and the nature of the goods supplted, or the

work and labor done by each, must be set out separately.;

Paid hire of rooms for holding public meetings

....................

Paid hire of rooms for holding committee meetings.. ................

Paid for miscellaneous matters

..................................

[The name and description of each person to whom any sum is paid, and the reason for which it was paid to him, must lie set out separately.]

I n addition to the above, I am aware of the following disputed and

unpaid claims, viz. :-

B y T. U .. for. .................................................

[Were sel out the name and descr+tion of ench person whose claim is disputed, the amount o f the claim, and the goods, zco~k, or other matter on the ground of which the claim is bused.]

Except as appears Erom the above I l~avc

not, and to the best of m y knowledge

and belief, no person has made on my behalf any payment, or given, promised, or offered any reward, office: employment, or valuable consideration, or incurred any liability on account of or in respect of the conduct or management of the said election:

I have paid the sum of

Pounds altogether, n~id

no more, for the purpose

of thc election, and, except as specified above, no money security, or cyuivalent for money, has, to my knowledge or belief, been paid, advanced, given, or deposited by anyone to any other person for the purpose of defraying any expenses incurred on my behalf on account of or in respect of the conduct or management of the said election.

(Signature of candidate, C. D.)

Signed this

day of

in the presence of

E. F., Justice of the Peace.

SCHEDULE XIX.

Summons to Witness.

In the Revision Court of

You are required to attend at the Revision Court of

9 to

be held at the Local Court House,

, on the

day of

,

to give evidence on the revision of the electoral rolls of

, 18

the District of

and Division of

, and to continue

in attendance until the said revision shall be complctc, or u n t i l ~ o u

bc released from

attendance by the Court, and tlierc to haw and producc to the Court

and any other book arid papers relating to the mid roll

(or rolls) which may be in your possession or under jour control.

Dated this

day of

18

.

Clerk of the Court (09. J.P.).

SCHEDULE

X X.

Application for Chunye of

Polling-Place.

District /or Division) of

I hereby apply to change my polling-place from

to

Dated this

day of

18

.

Name in full

Place of residcncc

Occupation

Qualification

[If application by Cou?~ciE

elector.]

[ Usual

signature.]

-

--

p

- --

. -

Adelaide : By authority, C. E. BRIBTOW,

Government Printer, North-terrace.

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