Legislative Council Act 1851 (SA)
appointed by Her Majesty ucd tleetcd by the iiilmhitnnts of' the Colonv as tlierein nlentioned: trial I i L ~t it
should be lawful for such Legislature, by sucli T.am or Orilimnces as aforesaid, to make all necessary provisions for thkihg the said Cololiy illto convenient Electord Districts, and fbr nlpint ing acd declaring theuurnber of members of' Couilcil t'o be elected for e:-zch such District,
and for the compilation and revision of' lists of all persons ynalificd to vote a t tlie &xtions to be holdm within such Districts,-and tbr
the appointing of re t~~rning | officers, and for the issuing, executing, |
and returning the necessar-.y writs f'or | such elections, mtl for | t: ~ l < i u ~ |
the poll therest, and t'or detcn~liiiing the validity of' all disputetl r e t ~ ~ m s, and otlicrwise for eiisuritlg thc orclcrh, ef3ective, | + | . | . | . |
irnpmtial conduct of such ekctions: | A i d it was f i l r t h crlacted |
(sec. l?.), that all thc prorisions therein contained ( '02ir~~ll i l l~ the qualification and discjua1ificnt:r~n of clcctola, and, subject to tllc
provisions therein contztined, all tlie p~w~.~isioils of' the t i w & | |||
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particularly emmerateh, &ould apply to slid be ill ibrcc ill tl~cd Colouy of South Australia: |
Be it therefore Enacted, by tl:e Governor of' SOIL^^ Austr;A:& |
with the advice ailcl consent of' tIlc Legislative Coulncil tllewof. |
Legislative Council to That, for | p ~ ~ r ~ o s e s | anlid suh'ect | - | to the pmvisiOns of the Gt;ltutrs |
before menticmcd, &crc s1m -.- be within tllc ~'Gvi:ice ui' Soot | l |
menhers, | Australia | Legid:lti+e | Couud, which shall comist of L w t l t y - h i r | |
nominated | ||||
j e t | ||||
thirds elected by the |
nrcrnbers; ind eiglrt of the nlcn!l)vrs 01' llle wid Connrii s M I 7 | ||
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inhabitants.
thc ~~eanbevs | of the said Cotmcil :jllail fi-0111 t i i ~ ~ e | to time be elected |
by t l i ~ | inllabitants of | tlie said P r o v i w ~. |
11. And be i t Enacted, That the I?ovince of Sontil Australia |
shall be | divided into bixteen Electoral IXnt;icts, for the pnqmw |
Province
tobe divided returning members to serve inth c? Lcg~~ht ivc3 ('oun cil; am1 ever\
into | tricts, |
or other divisions, Towns, and plnces speciftcd in tllc Schcdul~~
Schedule | hereto annexed, | marked |
tricts, | the same are respectively nmmd sud sot fort11 in the mid |
Schedule. |
III. And whereas the boundaries of Co~uities and IIandrctlh
haw
have :i!rl~tly bccil chly established by ProclmlM,ion of
tllc Governor,I)~blisilcJ iil t h
South Austrrrlion Government Gazette, Born
timc to t i m c h: | 1Ze it tliercfbre Eimctctl, Tliat for the purposes of this | BoundariesoSCountmi and llunttrcds to hc |
(Prclli~al~ce | the boun[lwies of the mid C'oaxntics | h l l | defined, by the Go- |
I)c dcorncd m d take11 to | the I>ounclaries set fbrth | vornnr by |
tion. |
Proch~ntions | respectively: I'rovidcd, that in case of any doubt |
or d i ~ p t, ~ | allsing a~ to | boundari~s, | the same l i d 1 l,c |
clc.enlec1 |
may by I'roclamttioi~ set forth :mtl ilcscrihc.
Returning Officers tor
E1ector:~I | Districts. |
. | 1 | it | I';lEil~tCl. Tll;lt for tl;?i'il | Pulling places. |
r.rir:ts tl:e:.c | ,J~;.ill | be | a | j;oll.;!~g p h c e \\.ithill | A(lclnide; |
a11rI nlho | smh Elwtoral | i)iiicl*ict t l w c d d l fie, witllin such |
l)istrit:t, such odicr poilii~g 1~1:iccs as d d | be dcc1:tri.d by ;~ilv |
I'npclan;:~tiolt, to he i:,:;ned i ~ y | tlic Gavel-nor, fuurteeu days ;it |
leZLbt | Il::;;n'p | (;,3g' |
part in such District to deliver or transmit to some such collector? | |
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so long as hc shall retain the same qualificntiou described in such
register.
Electoral Lists to be
VII. And be it Enacted, That the collectors shall on or before |
the first day of April in every year, make out | |
called the electoral list, according to the form of the Sd ledu l~ hereto annexed, marked C, of all persons entitled to vote ill elections for Members of Council for such list, and deliver tllc same to the Clcrk of' tlw ~lctircst Local Court, or to such person as the Governor appoint a s Electoral Clerk; and each CoUcctor shall keep a tnir copy of' the list so rleliwred by l~iin, to person, without payment of any fee, at all rensonnlJc I~ours. | |
WIT. And be it En:~ctcd. That tlic Clerks and Collectors of the |
several District Kond Bo:~rds, appointed nnder tile Ordinmccs ilk | |||
Boards | that behalf, shall | ||
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and | |||
all the duties respectively rv11~~r:rcwitl~ t.11~ Collectors of Electonll Lists are hereinbcfbre cllarged. |
IX. |
ordinary duties of which Electoral Clerks have been np- |
Electoral Districts-
X. And be it Enacted, T h t thc electoral lists | delivered | t o | |
the diferent electoral clerks shall he hy them either printed or fairly
by the clerks. days ending on the eighth day of April, in every
veal; at the Court House, orplace of rnectiiig of the Local ~ " u r t, and in such conspicuous places in the Electoral District towhich the68111e
same relate as may be directed by any 1M;~p;istrste | sitting at |
( | 'ourt. |
electoral lists to be the |
holtlcn hrfbre | S p c l h l 84a8qistmte | ;tnd two Ju-t8i(-cs | of t h ~ | Peiicc, |
sltdl hold :ul upru ~ u u r t | fo r tilr parposc. of revising the Mectom1 | anti | Justices |
OY such 1-evisions t,o take place at suclltiiw :W the said Court s h l l ;q)yoint, between tlle twenty-fiftlr day of April i ~ d a s i v e, and eighth day of May, inclubive, in e;ich and everyLists of the District Districts witliil~ or uetwcst i o wllicll s:rcl~ in this b c l d f appoint;
w a r, tllwy l w i n g first giren ten clear days' notice of the lloldiug of
B | such |
such Court, such notice to bc placed on the outer doors respectively of some public u~id corqspieuo~~s )Juilding within cncli sudl District, and the clerk, or persoli acting as soch, shall, at the openin:; of the Court, produce the said Electoral Lists, and a copy of the lists of | ||||
thc persons so claiming, and of the persous so objeked to, inado out | ||||
in the mczrlrlcr aforesaid; ancl all collectors | ||||
any matter rreccssarv for revising the 1Slcctor;tl i,ists; | ||||
Court s l d insert iii such lists rcspcrtively, the ixmc of cvcry per- son who shall | ||||
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bclialf in support of suwh objection, t l~c Court s l d l require pouf cif | ||||
the quidification of the person so objected to; ard ill casc the qwli- | ||||
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Court, the said Court sliitll expunge | ||||
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to lmve been made in ally of the sxid lists, in respect of thc w m ~ or | ||||
place of abode of any pcrsori who shall hr ilrcluded therein, or ill respect of the local drscril)ti on of his proycrt: l ' r o d e d | ||||
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in each of the said cases. |
Power to theCourt to
Magistrate thcn and there sitting for the irviaion of' the said li& | |
and | |
shall have power to adjourn fi.0111 time to time, pruvided that | |
such adjourned Court shall be held brgoi~d tlio said eight11 | |
said shall have power to require m y person hiivii~g the custody of | |
during that or the preceding year, to yroduco the said book and |
a110 w
XV. And be it Enacted, That |
hri ng | of the clcctornl roll in |
several Jhtriets to whirh the same respectidy relate one copy ot t l ~ c clcctoral list of such District and f'urther |
applying
applying for the same on payment of a reasonable price for each | ||
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XVII. A d whereas | all | Urditl,mcc |
"lector'l | of then1 ss shnll bc desip;l ted by &e G ori.lbiio~ | i l l this be11:ili.; |
collectors of electoral |
lists. | and, after the estxhlirhnwllt of a Coruonitioll z d c r tllc | ||||
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by tlre City Council shall be returning oGccrs for the wid | |||||
City, or suclr wards or divisions thcreof as shall fixm put ul' | |||||
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and two assessors chosen in inamer mciltiol~pd 1 y the first rerite!i Ordinance, as the ease may be, dlall form a Court for the revinion | |||||
of electoral lists in each ward with the powers i ~ e ~ t. ?, ~ | |||||
Local Courts; and the collectors of rates within tile City sh:d | |||||
have the powers and dutirs | |||||
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M w o q
Mayor, Wardcn, or Cllief Dl~ulicip;tl | Oflicer of such Corporation shall |
bc tllc returninq officer of srrzh town or district: And the powers and dolies of coll~rt~llg
ijlld rwisiup the electoral lists for such tow11 or districta d other tbc powersand duties of executing this Ordirlnncc shall bc had and exercised bv such persons, as sliall have corres- ponding dutics, or as sllall be i~l~poillt&l by or in virtue of theAct
or rk4tc.r~ | Patent constitutillg sucli C'oq101":1tio?1. |
thc clcct' | " |
Enacted, | That | issued | for Fonnofwri ts. |
the election of' nlcinhers of Conncil ~ulder | this Ordinancc sllall hc |
fh | rucd in any iiimner and fbrm whicll may be neccss:wy and SUE- |
riellt for carrying tlic provisionb hereof into effkct,.
):XI. h d be it Knnctcd, That, at evcry ulection in any Booths may be erected | or hlred for tak~ng | the |
pulling pliicc, tile w t u r ~ h ~ g | officer, if it slltlll ;ippear to llinl expe- l,,ll. |
dimt tor taking the poll at such election, may causc booths to be
erected, or rooms to bc llired and used | booths iu |
or in several p1:tccs at each place as occasion
m a y require;aid the same sllall Be so divided and allotted into conqxlrtnients, as to the returning officer allallsecin most convc.~-itmlt, and the retunr-
ing |
i n s officer shall appoint. a clerk to t'ake the poll at each compaxt- ment, and shall before the day fixed for the electioli, if t h e be a contest, cause to be furnislled for the use of | |
his hand certify such copy to hc trw. |
XXTT. And Fe it Enacted, That every elcctor sl~all | bc rcyuirccl |
to vote at tlw polling place situate within tlle Electold District wherein the property sliall he situtrted in respect to which his name shall stand on the electoral roll; or, wit,hill the City of Acleldde, at ally polling place appointed for snch Electoral Dib- trict. | ||
XXIII. | ||
s l d l be construed to prevent tlie taking of polls fbr diff'crwt | ||
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allotted to such District. |
XXIV. | ||
ectoral District shall iweside at ouc polling place within or |
a ckputy to act for | |
him and take the poll at each of the other polling pl:~cc;s: Provided that such denutv he annointcd bv |
said returning officer, and such kritiug bc posted up at the Court Hoosc within or nearest to the District for allicl~ the said polling, place may be allotted, at least seven dam bchre tlw
tlt-IV of
election: " And provided, that ill case of hilure |
officer d ~ d y | to appoint ally such deputy, the :~ppointmeut m:iy | be |
made by thc Governor.
it | E ~ t c t c d, | T l ~ a t wllcre | the | ~roccedi~lgs | at |
poU, | open | ||
violence whether such wroceedin~ ~ 1 ~ 1 1 consist cif the ';lominntion of candidates or *of the
&king thki poll tlie returning officer, or the deputy of any returning officer, sliall not for such cause, terminate the business of such nomination. nor finally close the poll,, but slinll adjourn the nomination or the t a k i n ~tlrr poll at the particularpolling place a t which such intermptiou or ohtixction shall haw
happeued, until the fbllowing day, and, if ncceslinrv s l d f i~r t l~cr
adjourn
such nomination or poll, as the case h a y be, untilsuch
snch interruption or 0b~tr'l~ti011 | shall h a w ceased, when the re- |
tornii~g oficrr or his depnty sliall a p i n proceed with the business of' the noinination or wit11 the ta,ki~ig tlie poll,
as the case inay be,: ~ t the 1)lnce ilt which tllc same respectively may have been iotrnnpted or ol)struetetl; and tllc day on wliich the bushess of the rlo:r~iliation shall I m v. bee11 col?'clu(led sllzlll be deemed to
XxVII. | be it ~a:lctc.d, That 011 t h day of nomination, hfo,ler,i proeecIiiug |
wllich shall be on tllc
clay of elcdoll imnlecl ill the writ, the rc-at el~'' 'ticrl-tunlins officw shall preside at a meeting to be Iioldcn ;lt noou at tl;e
chief polliq place of' each Elrctor;~l District, mid slinll declnro
the pwpox for wllicli such mceti~ig. | is | 11eld; a d if t l w e be a t |
W | proposcvl, tl )c. rt4~mlillg |
of Eccr sh:d l ekd;ire such cxlzdid:~t~ nlalie Iiis retani nccorilingly; a i d that in tilt! | hcing move candihtes the rctowiop officer slid1 call tbr | ||
show of 11,mt'is sel~arately in favour of each cnucliclxte, a d after suuli sllow uf llands s l d l cldare tlw 13ers011 011 tvhonl the | |||
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six electors on 11ix i~~ha l f; and on such dcluarld being made for a poll, the polling sli:dl comulellee at the cliffereut polling places for | |||
at the difkrent polling places, and no poll shall be kept open later than four o'clock in the afternoon.. |
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XXVIII, And before Council at each polling place slrall bc Lcld bcforc the retunliuz |
tiorl sh:$ | |
their deputies. |
commence at nine o'clock in the forenoon, aud sl1all finally cluw
vote by dcliveriiig to the said returnillg otficor or his deput'; | ||||||
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in which tile property for which hc appcws on the elcctm-d roll i:. situated, and the returninge officer or his dcprity sliall c a i w | ||||||
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by him fbr that purpose. |
Form of questions to | F I ~ I S T L ~ ~ ~ ~ ~ | you thP ]wrson W~~~~sCL | 1l:Ullth is higllr~l | :L$ | |
voting paper now tielivered ilil b v you'? |
THIRD--1Iavc you already voted at tllc ~ r r e s ~ ~ l t | clcction ? |
for | And no person required to answer any of the sitid questions | |
pernlittcd or qualified to vote until hc slr;lll |
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as
ns tlic case may be, toany voter in tlie following form, that is toi!?Zeclions. hay :-
tered if required.
do affirm) that you arc the smile person 1~11ose name apl":ws&
A D. " on the register iiow ill forcc for the Electoral 1)istrict of (as the case may be).
SO HELP YOU GOD | !" |
talic an oatli or afimlation, except as xfnrc?said, either in proof of his | And no elector slrall liereafter, at any such election, be reyuised to No other | ||
f reeldd or | |||
ariv law or stat,utc, local or gewml, to the contrary iiot~-ithstandii~g, | |||
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returning ollioer or his depntv, upon putting such q~wtioiis as aforesaid, or any of them, that the person so claiming to votc is not | |||
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or that he 112s prrviouxlr vdcd at the same electlou, or | |||
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h(? it | Eilracted, | Tlmt | each | deputy | r e t u n h g |
otiicer sliall irlmediatcly on the close of the poll, publicly enclose dpliv2r | hrti,- |
and sed the poll-book, and collect | wlricll 11ave beell taken at tlie polling place wllcreat lie presided, |
and shall with the least delay possible deliver or cause the same to be delivered to the returning |
XX-";I. h 1 d be it Enacted, That tllc retucilit~g | officer of' each |
Ii,lectoral District shall at the place of noinii~ntion mid as soon r,,,r,i.g | oiOcer. |
21s | p c ~ i e; i b l e | after the election s l d l have beco held openly |
tlc.clsl*c the gei~cra~l state of the poll at the close of the election, as the same shall have been made up by l h u from the poll-books ;id votiilg pnpcrs kept at the se\-era1 polling places; and hc 4 d l a t the same tilue and plilce declare the liniile of the person who inay
have been duly elected at such election;and in the eveut
of thc nmnber of vote; being found to have been equal for any
two or more candidates, he shall by his casting ~ ~ t i: | ! l; -: | i t a, > |
Provided. 1io;t |
to vote except iu case that no returning officer shall vote at any election forthe Elsctornl
Dist~.ict | of' which he is tbe returning officer except iil t he c:we of |
au equality of votes as aforesaid: provided adso ilmt it shall aiid may be lavful for any Mayor or other Magistrate of the City ofAdelaide, not beinq the returning officer thercof, and
hi the del- pnty ofany returnme; officer in any other ~ ~ e c t o r a l Dktl.lct, to voteat duv election for the Electoral District in like manner as if he
had not been appointed and nctcd as such deputy.
returukg officer, and the wit returned to the Governor withiu the time by-wlxich according to the povisioils hereof the same may
be returnable.
XXXIII. And be it Enacted, That all poll-I~ooks and voti~rg |
Voting | to | papers shall be sealed up by the returuiilg officer and transmitted |
sealed and transmitted
withthe | with the writ to the Governor. |
XXXIV. |
SuRleient in thc form of | Schedule H, but no voti lip paper sliau be | |
rejected by the retrnrtlirlg officer for illere wr~ut | of form: I'ruvlderl |
that the name and designation
of the p r t y sionirlg the pspnl; :tlld -2the mmc of the party contailled in it be illtefiigibly expressed slid
in a manner to bct commonly understood.
XXXV. And rv11ere.a~ it is eqedicrlt and necessary to provirle |
- a Court for the trkd of any complaints which msv be m;vle ;~gai:lst
Court for trial of com- |
against | ~ ra l id i t~ | of any returns mnde by the r~tnr lnng | officers of tllc |
lidity of returns to
consist of | several ~ l & t o r d Districts | hereby | ere:.ted: | I h it Ihactecl, Tllnt |
bers, | 131lI~)OSe of | f ~ l m i n g | such Court the Governor. shall ~ziitllin | |
rnCm- three days after tllc first meeting of the sirid Legislative Council |
Council | to be constituted as nforcsixid, name t ~ o | persol;s to be menrbuls: |
by
the | |
Council; md that also within three days after the said first meeting | |
be a barrister of the Supreme and shall rrot be a menhcr of the said Council. | |
Menhers | XXXVI. And be it Enacted, That if the said Governor s l d fail |
nominated | to nominate the two members as aforesaid, with~n | the said three |
days, the right |
by the Governw, may at my time afterwards
be exercisedby the n+utedRe*m
said Council according to tlie majority of their votcs;and that ifthe said Council, or tkc mid ~ u i r e n l e Court, or a Judge thereof, shall fail to elect or
nouimte the said other two members and theprcdident ci' the said Court withiu
the said threedays, such othertwo meux~bcra and such president may be
nonhated atany time afterwards by the said
Governor. XXXTII.
And be it Enacted. That if after the fill numberNomination of M e w
of | bsrs |
incanacita,ted to :a,%tend a meeting of the Court bv | |
by the Governor. |
XXXVI?IT. | Record of |
or election of' the mid i;icmbers of tlie mid Conrt shall be entered proof |
by the ( | 'lerk of the |
a d that proof of such entry ll:wing been made, slid1be sufficient authorityfor tlLc proper couutitutioil of such Court.XXXIX. Provided however,
a,nd be it Enacted,That thesaid Court notto proceed
Court shall not proceed to any business unless |
of the Governor. or of the Coixncil. nor until each member corn-or Council. &isiug it shall
take the followini oathor sfiirmation as the casc may be, which shall be administered by tllo president to each oftile members,mid aftcrwards by any member to tllc president :-
" T, (A. R.) | do smear or affirm, as the case |
duly adininistcr justice in all matters which
may be Mcrnbers of the Court.
broudlt before | suck'matters accordiog t; the principles of good faith |
according to |
' L SO HELP MEGOD." XL. And be it Enacted,
That the Court thus constitutedPbwera O ~ C O ~ shall have power to enquire into all cases which
may be brougllt before it by the Governor, or the Council, rcspccting disputedreturns of mem-bers to serve in the said Legislative
Council, whether such disputes arise out of an alleged erro;in the return of'thereturning offick, orout of the allegation ofbribery, orcorruption against any personcon-
cerned iu any election,or out ofaiy other allegation calculated toafI'ect the validity
of the return.XLI,
And
,,,, | as aforesaid, the members of the said Court shall be guided by the |
real | regard to |
mbgwd c o m m c e
of | legal forms and solemnities, and 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 in other cases or not. |
Court. and shall have Dower to adjourn its sitting from time to time. | |
as in its discretion it |
adopted by a majority within five sitting days, the president of the |
Court shall. on such evidence as mnv then be before the Court,. pronounce a decision, and that everyddecision, wllether so pro- nounced by the president, or by the Court, s l d l bc final and conclusive without appeal. | |
XLIII. And be it Enacted, That the Court shall not have power |
aty of roterh and pro- to enquire into the correctness of the register of~ I I Y li:lectoral
P + ~ Y of admis8i0n or District, or into tlie qualification of persons alloso votes may on
rejecclon of votes. the day of election have been either admitted or rejected, but simplyinto
tlie identity of the persons, and whether tllcii* votes were iio-properly admitted or
rejected, assunling the register to be correct.
XLIV. | ||
be paid five guineas for each day the said Court shall sit, and tlie two members not being of the Council shall be paid two guineas for
each such day, the other members serving gratuitously; and that the said sums be defrayed, in the first instance, by the candidate or other | party |
to recover that amount, and any other costs or expcuses that may | |
by action of debt, from the candidate against whose return the | |
petition shall hme been presented, if he shall succeed in setting aside the return, otherwise all such costs, charges, a d expenses |
must devolve on the petitioning candidate, or other party petitiouing | |
against the return. |
~IU-II~ |
return of members to serve in the said Legislative Council shall be |
addressed in the form of a petition to the Governor or the Leqis- |
b & v e
DisputedRchrm. candidate at the election whereof it may be alleged that an undue return has been made, or by a number of persons who either voted or were q~mlified to have voted at the said. election, amountiug to not less than one-tenth of the whole number on the list of electors; and no petition shall be noticed which shall not be received by the Governor or the Legislative Council within twenty-one days from the day of clcction.lative Council; and that no petition shall be noticed, nor any pro-
cccdings had thereon, unless it shall havo been addressed to the
XLVI. And be it Enacted, That the Governor, or the Legislative
petition tobe referrod
Council, within ten days after any such petition shall have been duly |
the the Council. received bv him. if the Lecrislative Council be then itt tin^. or if to following the receipt of the said petition, shall cause the same to be ref'erred to the Court above-mentioned;
and the Governor, if such petition be addressed to him, shall cause a copy of the s ~ m e to be at the same time presented to the said Legislative Council.XLVII. And be it Enacted, That the said court, in hearing
Roeeedinga or Gunand deciding on the merits of every such petition, shall be guided
Onpe"tionR by the principles of good faith and equity, and shall receive or re-
ject at their discretion any evidence that may be tendered to them,
and shall have power to compel tlie attendance of witnesses, and to
examine them on oath; and if the said
court shall declare that anyperson was not duly elected, who was returned as elected by the
returning officer of any Electoral Uistrict, the person so declared to
have been not duly elected, shall cease to be a Member of the Coun-
cil; and if trhe said court shall declare any person to have been duly
elected who was not returned by any returning officer, the person
so declared to be duly elected shall be sworn a Member of the said | Council, and take his seat accordingly; and if tlie, said Court shall |
declare any election to have been absolutely void, it shall be lawful for the Governor, on the same being certified to him by the president of the court, to issue a new writ for the holding of another election, such writ to be issued within ten days after such certificate shall have been made to the G overnor. |
XLVIII. And for the prevention of bribery and corruption,
General pm- be it Enacted, That all and each of the following acts shall be
visions. deenicd and takm to be acts of bribery and corruption on
~ h ~ ~ ~ b ~ l l, , ~ d ~ ~ ~ ~ d the part of any candidate, whether committed by such candidate
Act8 of BBriber). a d
or by any agent authorised to act for him, that is to say, theCormption.
giving of money or any other article whatsoever, cockades in- | |
duded, to any elector, with a view to influence his vote, or 37 |
the holding out to him any promise or expectation of profit, advance- ment, or enrichment in any
shape, in order to iirfluence his vote, or
making use of any threat to any voter, or otherwise in timid at in^ him | in any manner with a view to influence his vote; the treatiug of any | |
voter, or the supplying him with meat, drink, lodging, or horse or | ||
election, or whilst engaged in coming to or going from such election; t>hc pnyinent to any elector of any sum of money for acting or join- | ||
| ||
same; the keeping open, or allowing to he kept open, any public house, shop, booth, or tent, or place of entertainment, whether liquor or refreshment of any kind be distributed at sucll place of entertain- ment or not; the giving of ally dinner, supper, breakfkst, or other entertainment, at any place whatsoever, by | ||
acts to diuqualiQ.
of the ahove-mentioned acts ~ h d, | on proof tllcreof. bv the deeiaion |
of the above-n~cutioaed court,' be held to render voi i the election of the person committing such art, nud to disqualif7- him from sitting and voting in the said Lc$slative Council, cluringUtlle whole period that may intervene between the comuission of the same and the
time of the next general election.
Wncipds bound by
L. And be it Enacted, That the acts of all authorised agcnts |
elections, he held to be the acts of their principal, provided that it shall be proved to the satisfaction of the above-nmltiond court that) such acts were committed with his knorvledge, powep, or consent.
LI. And be it Enacted, That if any of tire above ii~enf~ioned |
acts, hereby declared to be acts of bribery a i d comnpt~iou, |
not
being the &U-
be committed by m y person not the authorised agent of any | ||
candidate or member, the person so couliuitting or l aving com- mitted them, shall be deemed quilty of a misdemeanour, a n d may | ||
be indicted for such act as fop a misdemeanour, in the Supreme | ||
Court and punished with fiue nut exceethg TWO Ku~idrecl Pounds or imprisonment not exceeding six calenckir mmths at | ||
the suit or on the plaint of Her Majesty's Attor or Advocate- | ||
| ||
mitted. | ||
claim to | of a hkmher |
o f |
of Council for any Electoral District shall
directly orGencraZRo- indirectly ask, receive, or take any money or other reward by way
visions.
of | employment, or other reward whatsoever for himself' or for |
any of his f&ily or kindred, to give his vote or to abstain from giving his vote in any such electiotl, or if
any person by himself, his fiiends, or by any person employed by him, shall by any gift or reward or by any promise and agreement, or security for any gift or reward, conupt or procure any person to give his vote in any such election, or to abstain from giving the same, such offender s l d l for such offence forfeit the sum of fifty pounds sterling to the person who shall first sue for the same to be recovemd with full costs by action of debt,bill, plaint or infor1~1n-tion i11 the Supreme Court.
LTTJ. And be it Enacted, That every person who shall pollPuoistunent~orvoting
a secoud time, or offer to poll a second time at the same elec- | |
tion, for any Electoral District, or who shall personate any other person for the purpose of polling at such election s h l l be guilty of a nlisclemeanon., and upon b e i q tlmcoi' convicted |
LIV. And be it Enacted, That for the remuneration of the | tors. how |
collectors, e~-ei.y~ person, upon giving notice of his claim as an elcctov to the collcrtor as lmeinbefore rnentioncd, shall pay, or cause to be paid to the said collector, for his own use, the sum of One Shilling, and such notice of claim sliall not be dcemed valid until such sum shall have been paid.
hired for the convenience bf taking polls, s l d be it | proposing |
and equal expense of the several canclidntes, and tllc same shall |
be by | contract with the candidates, if' they shall thinlr fit to |
nlake such contract, or if they shall not l;lalie such contract, then the same shall bbe erectcd or lked by the Returning Officer, at the expense of the several cnnclic~atcs as aforesaid, subject to such liinitation as is hereinafter nest mentioned, tlrnt is to say-
that the expense to be incurred shall not exceed the
sum of Twenty pounds in respcet of anv oiie polling place, and thatall
Returning Officers, and Deuuty etu urn in^ Officers, &all bt, paid |
each Two Guineas by the day; and all Clerks ernpl~yed in taking | ||
the poll sliall be paid'each One Guinea by the d q, at the expense | ||
of the cnmlidates at such election: provided always, that if any per- | ||
son s l d l be proposed without his consent, then the person so pro- | ||
| ||
like rnanrw as if Ire had been a candidate. |
LYI.
And
LVI. |
expences which shall be incurred by aby persons ap- | |
pointed under and by virtue of this Ordinance, for the purpose of | |
LVII. And whereas divers of the Electoral Districts above |
named are far distant fiom the seat of Govcrnnlent, and ~u l - foreseen delays or difficulties several provisions hercinbefore mentioned, in regard to the elections for the said Districts: Be it therefore Enacted, Tlmt no clection for any of the said Districts sha,ll be held to be void ill consequence solely of any such delay in the holding of snch election at the time appointed, or in the rcturn of the writ, or of any impcdimeut of a mere formal nature: Provided that the validity of such election shall be declared by the Governor, with the advice of the Executive Council, within tl3irty days from the dng on which such election was held or ought to have been held: Provided d;o, that witliin | |
the period of twenty days before or after the day appointed for the | |
holding of any election, it shall bc lawfkl for the said Govemw, with the advice of the said Executive Council, to extend the time allowed for the holding of such election, or for the rcturn of the | |
measures as may be necessary to reinovc m y obstacle by which tllc due course of any election may be impeded, ancl to supply any deficiency that may otherwise affect the same: Froviovided furtlier, that any measures so adopted by the Governor with the aclvicc of' the Executive Council shall be duly fiotificd in the South | |
LVIII. And whereas in consequence of the great extcnt of |
such writs the number of the C~uncil |
on the day whereon it may be summoned to meet for the dispatch of business, and it is expedient to remove doubts which might otherwise arise as to the power of the said Council, in its incom- plete state to proceed to business: Be it Enacted, That notwith- | |
standing the non-return of any writs on or before the day whereon | |
such writs are returnable, the Council shall be competent to proceed to business if duly summoned thereto, and provided the number of members deficient in consequence of the aou-rcturn of such w i t s | |
be not greater than two, LIX. |
4 + LIX. And be it Enacted, That it shall and mav be lawfulGemat FM- for the Governor to assign to 'the persons appointed toperform any
office or duty in execution of this Ordinance such remuneration for | |
their services as to the said Governor may seem proper. |
LX. And bc it Enacted, That the said Governor shall and
power^ ofGovernor
of any act or thing which he is hereby empowered to perform: Provided such delegation be made under his hand and the Public South Australian |
LXI. And be it Enacted, That any and every person who
Declaration to be
may, under the provisions hereof be appointed a returning~ ~ & ~ ~ f f i ~ ~ h officer, or deputy returning officer, or appointed to perform any
transmitted to COIO- other duty under this Ordinance shall before he enters on the
nial Sacretary. yerformanee of any duty under the same, make and subscribe before
a Justice of the Peace, thc followhg declaration, and the Justicebefore whom such declaration may be made, is hereby required to transmit the same by the first convenient opportunity to the Colonial Secretary of South A~~stralia.
(A.B.) do hereby declare that I accept the office of and I do hereby promise and declare that I will faithfully perform the duties of the |
same, to the best of my understanding and ability."
LXII. And be it Enacted, That if any retyruine; | officer, or |
any deputy returrring officer, after having accepted office as such,
g;;gorneglGng or
m y mayor or magistrate shall neglect or refuse to perform
any of the duties which bythe provisions hereof he is requiredto perform, every such returning officer, deputy returning officer,
mayor, or magistrate, shall for every such offence, forfeit and pay
any sum not less than ten nor exceeding two hundred pounds; and in like manner if any clerk or other officer or person ap- pointed under this Ordinance, shall neglect or refuse to perform any of the dutics which
by the provisions hereof he is required to perform, every such clerk or other officer or person shall for every such offence forfeit and pay any sum not less than five and not exceeding fifty pounds.
LXIII. And be it Enacted, That the respective penalties before |
mentioned shall be recovered with full costs of suit by any person | |
who shall sue for the same within three |
F |
tobe
LXIV. And be it Enacted, That when any matter or thing |
shall be hereby directed to be pm-formcd on a ce:'tain | day, and tlrat |
dav hq.m to be Sunday, ~ o o ' d Friday, Christ~uas Day, or other
publie Holiday, the said matter or tl1iig may
bo perfonncd ou thenext succeedjllg day.
and take effect from and after tile passing thereof.H, E.
F. YOUNG.
Lieutenant-Governora
Passed the Legislatiae Council, this
F+
C. SINGLETON,
Actiq Clerk of Councill.SCIPEDULES REFERRED TO.
A, ELECTORAL DISTRICTS.
l. D ~ ~ I C T | OF | NORTH A 4 ~ ) ~ ~ ~ ~ ~ ) ~. - C ~ i n p ~ i s i l l g | all that POII~OII |
of tllc City of A t l d d e to the North of the River Torrens, withill the exterior X~uv~r~daries of the Pwk Lands to t l ~ of the Kiver 'l'orreus.
OF EAST | A I ~ E I, A I D E, - C O I ~ P ~ ~ ~ S ~ ~ ~ ~ |
of' the City of Adel&de witlliil the exterior boundaries of the Park
hinds SO&
CC the l-tiver 'l'omos, bounded on the West by n right
line w i n g Ko~rll | a i d South through the centre of | King I~i l l iam- |
street, a d | produced both ways to the exterior bourdnries of South |
Adelaide. |
OF ~ ~ E S T | ADELAIDE. | -Comprising | all that portion |
of the City of Adelaide within the exterior bouur1;tries of tlx Park L a d s
to h e South ofthe Eirer Tomeus, bounded ou the East bys r i ~ h t line running North and Sout l~ tlirough the centre of lihg Vhliam-street, a i d produced both n-nys to the exterior boundariesof South Adelaide.
4. DXST~ICT | OF POET | A D E L A I I ) E. - ~ o ~ ~ ~ ~ ~ ~ s ~ ~ ~ | the Hundred |
Port Aclelnide, and all that portion of the Hundred of Yatala beinq
C to the West of the North Road, passing along tllc East boundaries of $ectio:ls 2064, 348, 349,350, 351, 352, 353, 354, 355,356, 357, 358, 359, and 360.
5. | ~ ) I S T ~ I C T | OF | k ' ~ ~ ~ ~ ~. - C o m p r i s i n g |
Hundred of Yatala to the East of the Kortli R o d, passing along
the East boundaries of Sections 2064, 348, 349, 350, 351, 352,
353,
354, |
31 unno Para, Talmga,:init Para llTirra.
6. DISTRICT | OF EAST | TOKRETS.- | -Conlprisillq all that portion of the |
Hundred of Adelaide being to tLe East of the 6ity of Adclaide :md to the North-east of the Great Eastern Road, pa~sicg through Glen ()smoad, together with all that pot-tioll of the Hundred of' Ouknpa- rioga, beilig to the North of tllc South homidnrv liws of Sectious 5593, 5594, 5.595, and 5390, and to the J\'e;st of the East li,ourid:niea of' Sections 5595, 5545, 5544, 5590, 5589, 5602, and 5C03.
Z)~STIUCT | TUli~~~s.-C011i1)1'i8ii~g | all that portion |
the IIuclred of Adelaide bciug to thc M'cst :and Sonth of' the C i h of Adelaide, and to the South-west of' the Grmt i l s t ~ r n lhd p:tssing tllroagh Glen Osnmnd.
8. I h s ' m ~ c ~ | OF | Noa~:~u~o~.-Compkii ig | the IInndreds of No- |
arlunga oud Willu~~ga.
9. DISTI~ICT
9. DISTRICT | OF | B~Rm~.-Comprising all that remaining |
portion of the Hundred of Onkaparinga not included in thc Electoral
District of East Torrens, together with the Hundreds of R n u m ~ ~ ~ t o o
and Monarto, and
all that adjoining portion of the Hundred ofMncclesfield being to the North of the Esstcrn Road, passing by
Hahndorf, Section 3810, and between Sections 4463, and 4459, where
enters the Hundred of Stmthdbyn. | ||||
|
portion of the Hundred of Macclesfielcl not included in the Elec- toral District of Mormt Barker, together with thc Hudred of Kuitpo, and all that remaining portion of the C o ~ u t y of Hindmarsh not included in any other Electoral District.
11. DISTR~CT | OP B~xoss~.-Cornpri&l~ | the Hundreds of |
Barossa and Moorooroo, aucl the Town of
Crawleu. and Suburbs being Sections numbered 1,2, 3, 4, 5, 6, 7, 8, and 24.
DISTRICT OF | V ~ ~ T ~ ~ ~ ~. - C o r n p r i s i ~ r g | all that remaining |
portion of the County of Sturt not included in any IIundred, to-
b vether with the Counties of Russell, Robe, and Grcy,aud all re- maiuing portions of the Provincc to the South-East of RiverMurray, being to the South of tlie 35th parallel of Latitude.
OF LIGHT.-T~~ | County of Light except the |
Hundred of Moorooroo, together with the Comty of Eyre, and all
thajt North-Eastern portion of the Province being to the IhstUS the Counties of Stnrt and Eyre, and East of a meridian liiie ruil- ning Nortlmards fiom thc Great Rend of the Murray, a id bouuded on the South by the 35th porallcl of Latitude.
DISTEICT | OF ST~hTL~~.-Compl.ising the County of Gnwler |
except the Town of Gawler and Suburlm, bciug sections imiilbered
1, 2, 3, 4, 5, 6,7, 8, and 24, the County of Stmlcyiwd all thatNorthern portion of the Protiilce to the North of the Colu&s of Stanley, Light, and Eyre, except the Electoral District of the Dmm,
and of a line running from the South-west angle of the County of | Stanley to Point Riley, bounded West by the East Cmst of |
Spencer's Gulf, and a meridian line Northwards from tlie Hcsd of Spencer's Gulf, and bounded East by a meridian line running North from the Great Bend. |
15. DISTRICT | OF TIIE | B U K R A. - C O ~ ~ ~ ~ ~ S ~ Y - ~ | K o ~ r i q p, | Redruth, |
Aberdeen, together with all that remaining portion of the Province
, hounded South by a line passing Wcst horn the Great Bend of thc
River Murmy alollg the North boundmy of the County ofEyre, thence along the Nortliern boundary of the Coulity of Light as fiir as its in- terscction with the East b o u ~ ~ d q of the County of Stanley, bowded on the West by a line passing North from this last-named intersection along the East boundary of the County of Stanley as far North as a trigonometrical station called " Bald EIi11," North, on the North-west by a line connecting the trigonometrical station of Bald Hill, North,
alld a i d Mount Colic, North; an
t?re R'orth by a line producc.d clue Eastfrom Nonnt (Tone, Korth until it inter~cct~s n meridian line produced North from the Grra t 13czid of the River Murruy, and on the East by the said mcridim line.
OF F~rhv~ns.-Comyrising tlie County of Flinders, |
and all those po~tions of the Province to the Westward of thc Wcst
Co:~st of Spencer's Gulf, and of a nieritlian lint: drtnvn ilortliwarcls
from the Head of Spencer's G df, tosetllcr with all that portion of
Porke's Yeninsula being South of' a llne from Point Riley to the
So&-west angle of the County of Stanley, together with K:tngaroo ls lmd a i d all lslends West of ille meridian of C a p Jarvis.
SOTICE
BY THE COLLECTORS.-
We 11c~cby | give notice, that we shall, ou or hcfore the first. c l~v |
of April in illis yc:~r, make out a lid
of' all persons cntitletl to vot;!it1 the election of=t Mcrrlbcr of' Couiicil to serve for the IXstrict of
in respect | of | property situate w l d l y or in p r t |
within mcll District: And nlr persons so entitled,
'are herelyrequired to delive~ or tmismit to
LW, orm e of US,011 or before the
s: d first day of April in this year, a claim in writing, cont~itiuiu~ | tlleir |
Chktiatl |
their qualifici~tiou, | and the rlanic of tlic place, ancl number of' the |
s x t i o ~ q | wlrerein the property |
vote is situate; n ~ d each
Of' such ~ ~ c r s o i a ~ SO cI:hiiiig must also at the same time pay the sum of uw shilling: I'crsuus omitting to deliver or tmnslrljt snclr claim, or tomake sncll paynietlt, (notbciug already re@terd) sill bc excluded from the registw of' voters
for t l ~ | said District. | C. |
LISrI' OF ELEC11'0RS FOR TKEELEC'I'QRAL DISTRICri' OFl
:Christian name and sumamme | Xature of' Qaalifia~tion. | ! |
jof each person at full 1engt.h. | qnalification is situated. |
(Signed) | ** 1 | D. | collectors. |
>
Dated |
Schedule D,
D*
NOTICE
OF CLAIM.
I hereby give you notice that I claim to have my name
inserted in the Electoral List of | in virtue |
freehold property which I possess | (or of the |
dwellinghouse which I occupy at | , as the case may be.) |
Dated at | dsy of | in the year 18 |
(Signed) JOHN | S T ~ E S, | of (place of abode). |
B,
NOTICE OF OBJECTION.
I hereby give you notice, that I object to the name of
of | (nnmc and describe the person objected to as in the |
dectoral list), being retained on the electoral list of the
Dated this
(Signed) | John Stiles of (here state the dwrlling-house, |
or pmperty for which he is included in
the elcctorial list).
F,
LIST OF
CLAIMAKTS.
The following persons claim to have their naincs ii~serted in the |
electoral list of the
Christian
name and Surname
( Signed) | AB., Clcrlr of' the |
Dated at | this | day of' |
Scldulc G-
LIST OF PERSONS OBJECTED
TO. The following persons have been objected to
as not bein8 entitled
to hmc their names retained on the ~ i e c t o r d | list for the District of |
Nature of the property or quali,
Christian name and surname of | Place where |
ficntion for ,vhicl, | nlllne |
* on the Electoral List. | qualification |
(Signed) A. B., Clerk
of
this | day of' |
V O T I N G |
t 0 |
] he a Member of Council for the Electoral District of
(Siguetl) A. B., Knme
of Elector, and placewhere qualification is situate,
--+
ADELAIDE: Printed by authority byW. C.Cox, at theGovernment
Prk
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