Parliament Act 1853 (SA)
No. 3,
An Act to establish a Parliament in South .dustralio.
[Reserved, November 10, 1859.1 | ,- |
HEREAS by an Act of the Imperial Parliament, passed in
preakb~c.
TV | the Session ,olden in tbe thirteenth and fourteenth years | _- | - | ,;/r |
of the Reign of Her present Majest3>, intituled
"An ,4ct for theI3etter Government of Her hhjestv's Austrdian Colonies," it was
amongst other things enacted that, notwithstanding anything
therein contained, it shouldbeTawfu1 for the Governor and Legis- | |
lative Council of the Province of South Australia from time to | |
time by any Act or A c t s m t e r t ~ r 0 V i; s o ~ d laws for the | |
time being | |
concerni6 the election of the elective Members of such Legislative | |
Pound, the qualification of electors and elective Members, or to | |
establish in the said Province, instead of the Legislative Council, a | |
Council and a IIouse of Representatives, or other separate Legis- | |
lative Houses, to consist of such Members to be appointed or | |
elected by such persons and in sucli manner as by such Act or | |
should be determined, and t,o vest in such Council and House of | |
Representatives, or other separate Legislative Houses, | |
atid functions of the Legislative Council for which the same may | |
be substituted: And wilereas Her Majesty hath been pleased to | |
intimate Her most gracious intention to recommend to Parliament, | |
the passing of an Act to repeal | |
in the fifth and sixth years of the Reign of IIer present Majesty, | |
intitnled | |
longing to the Crown in the Austrdian Colonies," in order to place |
the disnosal of such waste lands within the said Province, | ! |
approiriation of the funds arising from the a i @ o s a F b f, | - | - |
of legislation in all matters affecting the same, provided that due provision be made for the support of the Government of theaaid Province, and that the constitution of the said Province be altere8'iiZZch manner as to
assim~late it to the constitu%i=f the ,United Kingdom of Great Britain and Ireland: And whereas it is proposed by Act of the Governor and Legislative Council of the gaid Proiince. .- to make such provision for the support of the Government of the saidProvince, by granting to Her Majesty, Her Heirs and Successors, a Civil List:And whereas it is expedient to exercise the powers by the said first-mentioned Act vested in the Governork d Legidative Council of the said Province, and to g_ovide for the exercise of the increased powersposed to be vested in the Le@slnture of the said thereof, as follows :-
substitute for the said Legdative Council a Parliament con-
sisting of a Legislative Council and Assembly, constituted,
appointed, and elected as hereinafter provided: Be it therefore
Enacted by the Lieutenant-Governor of the Province of South
l. | |
sisting, |
No. 1 of1851. ----
the said Province of South Australia Her Mkjcsty shall have power,
by and with the advice and conscnt of the said Parliament to
niake laws for thc peace, welfare, and good government of the said Province in all cases whatever; and all such laws_b&p-e passed by the said Parliament and assented to by 1IerXajesty, Her B$rs
and Successors, | Heirs and Successors by the Governor of the said Province, shall |
be valid and binding to all intents and purposes within the said |
rovided that all Bills for approp~ | iating any part ot |
Province: | the | revenue | %X-- |
tax. or impost, shall originate in the House of ~ssernblv> thatit shall b e h d u l for the- overn nor to reserve for the' sig&fictltion of
HeZMajesty
'S pleasure all Bills %-any imperial ioterests, and such Bills. if assented to bv the Governo? in &e first instan&. may be disallomd byH& ~ a j e s t y in- the manner and within the period hereinafter limited and prescribed: ilnd provided also that
~t shall not be lawful for the said Governor to assent to any Bills
- | such |
such waste lands after defraying theaxpense of surveya, sale,and man- agement thereof, in any other manner than one moiety thereof at theleast to the purposes of immiqation, and t 1-thereof to the
maintenance and protection of the aboripjnes, ZXG | tlie construc- |
tion of | roads, b r i d w n d public |
as to |
vernor's right to
Governor to reserve any Bill fbr the signification of Her Majesty's ,,,,,, |
pleasure thereon, or as to the right of Her Majesty to disallow |
disallow a Bill, to be such Bill, tbe same shall be determined by the Judicial Committee
detemined by J,
of the Privy Council, | |
question shall be raised by an address to Her Majesty in Her Privy | |
conscnt of the said Parliament of South Australia, and ' such question so to be deternniued. |
4. For the purpose of conrposiug the said Le islative Coullcil, | \ |
it shdl be lawful for Her hIajesty, before t 2 | time to be ap-. |
uointed for the first nqeetine: of the said Le~islatire Council and |
house of Assembly, by muinstrument under the S i g ~ Manual, to authorize thc Governor in
Iler i\/lajesty's ilame, by an instrument under the Great Sear of the said Province, to summon to the said Legislative Conncil such persons, being not fewer than twelve as
Her Majesty shall think fit, and it shall al-fu-~ | - |
Majesty from time to time to dutllorize the Governor in like manner, | |
to summon to the mid Legislative Council such otller person or | |
persons as IJer Majesty shall think fit, and every person who | |
shall be so summoned shall thcrebv become | |
said Legislative Council: Provided hwiys, that no person shall | |
be S-ed to the said w t i v e Council | |
of the full |
Her Majesty, 'or iatuwlized by an Act of the In~perisl Parliament |
or by ah Act of t h i t u r e | of the said Province. |
5. Every Member of the said Legisl~tive | Council who sliall be so |
summoned as aforesaid shall hoId his scat therein for the term of | -- |
his life but subject nevcrtlrele~s | to the provisioiis Kere~nafter | con- |
&for | vacating the same, and for altering the constitution of |
such Council.
6. It shall be lawful for any Member of the said Legislative
Redvation of Council to resign his seat therek by a letter to thc Governor; and
Councillors.
upon the receipt of' any such letter by the Governor, the seat of | such Legislative Councillor shall become vacant. ' |
said Legislative Council shall, |
successive Sessions of the Parliament of the said Province, fail to give
absence. his attendance in the said Legislative Council, without the per-
mission of Her Majesty or of the Governor of the said Province,
signified by the said Governor to the
L v ~ Council, or sballe
- | ,-- |
-
p!easure, | .i |
@ |
-p | . |
as not disaria
I vinr te oldera there3 from a s e a t m a r - liament, o; shdlLke m y oath or make any acknowledgment of allegiaoG, obedience, or adherence to any foreign prince or power, /or shall do, concur in, or adopt any act whereby he may becomeCsubject o r citizen of any foreign state or power, or whereby he
luay become entitled to the rights, privileges, or imqhunities of a
subject
or citizen of any foreign state or power,^ shall become bankrupt, or take the benefit of any law relating to insolvent debtors, or become a public defaulter, ox be attainted of treason, or be con- geted of fdony or of any ingmous crime, his seat in such Council shall thereby become vacant.
8. Any question | shall arise respecting any vacancy in the |
said Legislative Council on occasion of any of the matters afore- said, shall be referred by the Governor to the said Legislative Council, to be by the &id Legislative Council heard and deter- mined: Provided always, that it shall be lawful either for the person respeceing*wh-ose seat such question shall have arisen, or for
Her Majesty's Attorney or Advocate-General for the said Province on
Her Majesty's behalf, to appeal from the determination of the said Council in such case to Her Majesty, and that the judgment of Her Majesty, given with the advice
of Her Privy Council thereon, shall
be final and conclusive t~ |
Appointment of
9, The Governor shall Eave power and authority from time to |
time, by an instrument under the great seal of the said appoint one Member of the said Legislative Council to
of the said Legislative Council, and to remove him
another | |
President to take part in any debate or discussion which may arise |
1 in the said Legislative Cdwcil.
10. The said Legislative Council shall not meet for the dispatch of business, unless at the time of meeting it shall consist of not less | ||
| ||
shall be necessary to cknstitute |
11. For the purpose of convoking the | ment of the mid |
Province, it shall be lawful for the Governor thereof fur the time being, within the time hereinafter mentioned, and thereafker from time'to time as occasion shall require, in Her Majesty's n m e, by
at1 instrument or instruments under the great seal of the Province,
to | a House of Assernblv in and for |
./ |
A mid Province.
y t |
said
said Province,
havihg any of the following qualifications, that is tosay-Every man of the age of twenty-one years, being a natural-
born or naturalized subject of Her Majesty, or legally made | FLL, | - - |
,'
denizen of the said Province, and having | O& | ,44 |
&on, either legal or equitable, situate withGXGTistrict for which his vote is to be given, of the clear value of Twenty Pounds ~terling money, above all charges | - | - | - | - | - | - | - | : | ? | - - |
- | . |
occupying a dwellinsouse of the clear - | annual value of Five | |
|
Pounqs sterling money; |
District Council within'the district for which he votes at | - | c | , | ~ | ~ | ~ | ~ |
'
the time of registration; | having |
session situate within suZK district of the value of
Ten -US- Pounds sterling money per annum, held upon a lease which, at
the time of registration, has not less than one year to run,
shall be entitled to vote at the election of a Member of the
House of Assembly: Provided always, that no person shall be
entitled to be registered as a voter upon the electoral roll of
anv district, unless 1 ;shall have been seikd or
or enjoyed, the property or house, or shall
sed for the period of, six calendar months
re istration,
gl: unless he& vided also, that no man shall be entitled to vote who has been* at- er for3he same
tainted or convicted of treason, felony, or other infamous offence, in any part of Her Majesty's Domiuions, unless he h ~ v e received
R free pardon for such offence, orhave undergone the sentence passed on him for such offence.
13. For the purpose of electing Members to the House of Assem-colony divided into
hly, the said Province shall, for the resent be divided into twenty-districts.
two districts, which shall have - t e names an boundaries, and shall | return the number of Members specified and set forth in the | ||
Schedule | |||
| |||
to return two Members shall exceed the number of three thousand, | |||
then it s l d l be lawful for the Governor, and he is hereby required, | |||
upon receiving an address from the said House of Assembly, statinq that a petition hath been presented from the dectors of such | |||
said House of Assembly, and such Proclamation | |||
force of law: And provi'ded further, that whenever the | |||
four thousand, |
-. - |
hereby required, upon
recdving a like address from theHouse of Assembly, to separate such electoral district into two divisions, each such division having at least two thousand voters, and being,aas nearly as may be, of a compact form, and each such new district shall return two Members to tlie House of Assembly: And provided further, thatwhen the number of Members of the said House of Assembly shall, by the means aforesaid, have reached seventy-two, then the number of voters required to authorize the issue ofany such Proclamationm h t aforesaid, or the division of any electoral district, shall be four thousand, six thousand, and eight thousand respectively, instead of two thousand, three thousand, and four thousand, a8 hereinbefore provided: And provided also, that from time to time thereafter, whenever the number of Members of the said Hmse of Assembly shall have been increased by thirty-six, then the uurnber of voters in any district required to authorize the issuing of any further ~roclamatbn as last sfbresaid, or any further
* | division of any electoral district, shall be doubled. |
Qtlalifiestion of
14. Any emon being a natural-born subject of Her Majesty abmlutely ree (except as hereinafker excepted) who shall be P | qualified | |
electoral district within the said Province, shall be qualified and entitled to be elected a Member of the House of Assembly for any electoral district within the said Province. |
bere of Assembly.
15. | ||
during pleasure, shall be incapable of being summoned or elected, | ||
|
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missioner bf Land and ~mmigration.
any of the last mentioned offices, shavaccept of | |
any office o | his seat shall be thereupon and is hereby declared to be vacant, |
and the Speaker election. |
any person whatsoever in trust for him or for his use or benefit | ||
| ||
as a Member of such House of Assembly during the time he sb | ||
execute, hold, or | ||
thereof, or |
inwrpufsted m trd- vided always, thatnothing heteincontained s h dextend tom y
ing wmpaniea ex&-
contract |
e~ntmct'or |
por&ed company, or | twenty persons, where such contract or'agreement shall be made, |
entered into, or accepted, for the general benefit of such incorporad |
.
18. If any person by this Act disabled, or decIared to be incapable
f $ ~ ~, " ~ ~ ~ ~ ~, d i i to vote or sit in the said House of Assembly shttll, nevertheless, be elected and returned as
a, Member to serve in such House of Assembly for any electoral district, such election and return shall and are hereby declared to be void to all intents and pur- poses whatsoever; and if any person so elected and returned, contrary to the provisions of this Act, shall presume to sit or voteas an elected Member of the said House of Assernbly in any Session
Penalty on their to be hereafter summoned and holden, such person shall forfeit the
~itt ing or voting. sum of Five Hundred Pounds, to be recovered by any person who shall sue for the same in the Supreme Court of the said Province, or in any other Court of Record in the said Province having compe- tent jurisdiction.
19. It shall be lawful for the Governor to fix such place or places
Place md time for
within any part of the said Province, and such times for holding the | ||
the first and every other Session of the said Parliament as he may think fit, such times and places to be afterwards changed or varied as the Governor may judge advisable and most consistent with general convenience and the public welfare, giving sufficient notice thereof, and also to prorogue the said Parliameut from time to time, and to dissolve the said House of Assembly by Proclamation or otherwise whenever he shall deem it expedient. |
least in every year; so that | 20. There shall be a Session of the said Parliament once at |
shall not intervene between the la~lt sitting of the Parliament in |
one Session and the first sitting of the Parliament in the next Session; and every House of Assembly hereafter to be summoned and chosen, shall continue for three years fmm the day of the return of the writs for choosing z a m e, and no longer, subject, nevertheless, to be sooner prorogued or dissolved by the Governor.
The said Parliament shaIl be called together for the first time |
at some period not later than six calendar months after t h e Pro-
of Parliament. clamation of this Act by the Governor,
22. The Members of the House |
assembling after every general election, proceed forthwith to elect one |
of their number to be Speaker, and in case of' his death, resignation, or | 4 |
removal by a vote of the |
F |
speaker, Speaker, and the Speaker so elected shall preside at all meeting^
of the said House of Assembly: Provided, nevertheless, that it&hall be Lwful for the Governor to disallow the choice of anyeuch Speaker, and- upon such disallowance being signified by the Governor to the said House of Assembly, such. election shall be absolutelynull and void, and the said House of Assemblyshall forthwith elect some other Member to be Speaker thereof, and so from time to time until the choice of' a Speaker who shall be allowed by the Governor*
; |
23. The presence of at least one-third of the Members of the aaid House of Assembly, until the number of Members shall ex- ceed seventy-two, and thereafter of at least twenty-four Members of such House, exclusive of the Speaker, or of the person chosen | |
to 'preside in his absence, shall be necessary to constitute a meeting of the said House of Assembly for the dispatch of business, and all |
- | questions which shall arise in the said House of Assembly shall be |
l
decided by the majority of votes of such Members as shall be present, other than the Speaker or person aforesaid, and when
the votes shall be equal, the Speaker or person aforesaid shall have the castingvote.
NO Member to sit 24. No Member of the said Parliament shall be permitted to sit
authorized by the Governor to administer such oath :-
utmost endeavor to disclose and make known to Her Majesty, | Her heirs, and successors, a11 treasons and traitorous | ||
spiracies, and attempts which I shall know to be against Her, or any of them; and | |||
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25. | the House of |
by writing under his hand, addressed to the Speaker of |
of taking | |
17 v
whole Session of the Legislature, without the permission of such | |
House of Assembly, entered upon its journals, fail to give his attendance in the said House, or shall take any oath, or | |
of the lawe in force within the said Province relating to bankrupts | |
or insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony, or any infamous crime, his seat in such House of Assembly shall thereby become vacant. | |
A L- JZ,
pleasurehpon | v e-&l | -- | - -- | |
and the ciuses thereof, the Speaker shall fortllwitli cause |
-. - - | -. |
be issued for supplymg such vacancy.
Standing |
be made.
Orders shall be occasion, shall prepare and adopt such Standing Rules and Orders as shall appear to the said Council and Assembly respec- tively best adapted for the orderly conduct of such Council and
Assem- bly respectivcly, and for the manner in which such Council and Assembly shallhc presided over in case of the absence of the President or Speaker, and for the mode in which such Council and Assembly shall confer, correspond, and coinmunic,zte with each other relative to votes or Bills passed by or pending in such Council and Assembly respectively, and for the manner in which notices of Bills, resolu-
tions, and other business intended to be submitted to such Courlcil | and Assembly respectively, at any Session thereof, may be pub- |
lished in the |
~ s s e m b 3 -
---l |
measage |
eithar H o w.
F | their |
their consideration, the
draft of any laws which itmay appearto him desirable to introduce; and all such drafts shall be taken into consideration in such convenient manner as shall, in and by the rules and orders aforesaid, be in that behalf provided.
Every Bill whkfias -__-_ | been passed b y the Legislative Council | ||
and EIouse bf Assembly shall be presented for Her Maiesty's assent
-pal affairspf the said Province, shell declare at once accordini | to the Governor, and the overn nor; in all Rills relating io t lk local or | |
to his discretion that he assents to such Bill i~ i~~rN:~jes t j; ' s~i iGme, or that hewithholds Her Majesty's assent; and iu all Bills touchinq or affecting any imperial subject, the Governor shall declare accoriing- | ||
to his discretion, but subje'ct nevertheless to the provisions coutained | ||
in this Act, and to such instructions | ||
| ||
tion of her Majesty's plcasure tlwrcon. |
nisallowance of Bills
day of such signification. |
Reserved Bill not to
signify | Her Alajesty's plcasure thereon shall hare |
the said Province, until the G overnor shall signify, either by or by Proclamrttion, that such Bill has been laid before Her Majesty in Council, and that | |
speech or message to saidLcgislntive Council and lIouse of Assembly, |
f '
sage, or Proclamation, and a duplicate thereof, duly attested, shall | |
- | be delivered to the ~~~~~~~~~enornl, or other proper officer, to he kept among the records o f x e said Province; and no |
,,&A | .- |
Rill, which shall be so reserved as aforesaid, shall have any force or authority in
tlie said Province, unless Her Majesty's assent thereto shall have been so signified as aforesaid, within the space of two
for | |
The appointment to all public offices in the said Province |
after to become vacant or to be created (other thanCorporate offices), |
whether such offices be salaried or not, shall be vested in | - |
through the Governor, with the advice of the Executive
Council.
l~otwithstandil~g | the demise of Her Majesty (whom God long pre- |
serve), or of Her Heirs tlud SUCCC'SSO~S, | a11y law, usage, or practice |
to the contrary tl~ercof | in anywise notwith&i$i~g. |
36. | I t shnll Be | for Her Majesty, Her Heirs, | ||
and Successors, acting through tbe Governor, to remove any such | |||
Judge or Judges, upon the address of' both Houses of the said | |||
linment. | |||
or my part thereof, and any Foreign Country or State, or for ap- | |||
pointing and directing the pnymcnt of drawbacks of such duties so imposed, or to give to IIcr I\hjesty any power or authority, by and with the advice | |||
my such law or lams, or m y part tllereof, or in anvnlanner to prevent | |||
or obstruct the esccntion thereof: Provided alkays, that the | |||
produce of all duties which shdl be so imposed, shall at all timcs hereafter be applied to a i d for tlie use of the said Province, and (except as hereinbefore provided) in such manner only as | shall be directed by any law or laws which may be made by Iler | Majesty, by | |
lianieiit. | |||
38. I t sllall not be lawful for | |||
Her Mnjcsty's Land or Sea Forces, nor to levy any duty, impose | |||
say prohibition or restriction, or gmnt any exemption ikon1 any | |||
drawback or other privilege upon the importation or exportation of any articles, nor to enforce any dues or charges upon shipping contrary to or at v~riance with any treaty or treaties concluded bp |
Her ~ i j e s t ~ | with any Forcign Power. |
39. Suhject to the provisions of this Act, and notwithstanding any Act or Acts of Parliament now in force to the contrary, it | |
bo | |
shall be lawful for the said Parliament to impose and levy such | |
duties of customs |
into
into
the said Province ofany goods, wares, and merchandizewhatmever, whether the produce
of or exported from the UnitedKingdom, orany of the Colonies or Dependencies of the UnitcdKingdom, or any Foreign Country: Provided always, that nonew
duty shall be so imposed upon the importation into the said Proviuce ofany article the produce or manufacture of, or imported from, anyparticular country or place which shall not be equally imposed
cm the importation into the said Province of the like article the produce or manufactureo f, or exported from, all other countries and places whatsoever.
40. If, during: the Session of the said Parliament next after the |
expiration%f nine years from the first summoning of Z g a i d |
Legislative Council, an Address shall be pyesented to the Governar fro& the said ~ o u s e of Assembly, which-shall have been agreed to by not less than two-thirds of the Members thereof, praying that the constitution of such Legislative Council shall Ire changed, and that the Members thereof shall for the future be elected; and if, in the next ensuing Session of the said Parliament, a like Address, which shall alsd have been agreed to |
W! | %vernor (the said House of Assembly havivinw been dissolved by the |
-
Governor in the interval between s u c h e ~ i i s m a l l bc lawful for the Governor, if, during such last mentioned or the next succeeding Session of the - said |
41. It shall be lawfid for | with the advice and | |
consent of the time by any Act c$ Acts to a i t e i e e laws f o n h e time being in force in the said Province-Zrre constitution of th; said Parlianlent and the election oinominatlon o:
t ' n w m - o = m a t i v e ~ o u ~ d % o u ~ s e m b l ~ respectively, and the qualification of electors and of such Members respectively, and to substitutc for
the said Legislative Council an Upper House, to consist of suchMembers to lbe a pointed3r elected'by such persons and in such manner
as by sucbr3-l be prescribed; and such Upper House shall have all the powers and functions of the Legislative Council for which the same shall have been substituted.
*.. | -- |
electora1 |
t 0 to be an elector of the Province,
and that his appointment be notified in the usual manner in theGovernment Gazette, and that, in case of absence from the Province, death, sickness, or other accident disabling any Returning Officer from acting-, it shall be law- ful for the Governor a t m y time to appoint some other person to- act in the stead of such Returning Officer, and every appointment of
s Returning Officer made as aforesaid shall be good and valid untilsuch appointment shall be cancelled and some other person ap- pointed to be Returning Officer, by
a writing under the hand of the Governor and Public Seal of the Province, and every such Returning Officer may appoint such clerks, deputies, and other subordinateofficers as may be ncccssary to carry this Act into execution.43. For each of the electoral districts there shall be a polling place within the city of Adelaide; a~ ld also for each such electoral district there $hall be, within such district, such other polling places as shall be appointed by any Returning Officer as here- inafter provided,
44. On or before the first day of the second calendar month | |
this Act shall have come into operation, every Heturning Officer shall | |
cause to be affixed, in the most public and conspicuous situations .within his district, a ~ i d i11 the city | |
,to the form of Schedule C, or to the like effect. |
45. The Returning Officer shall, on or before the first day of the | ||
month next following the publication of such notice, make out a list, to | |
he called thc electoral list, according to the form of the Schedule hereto annexed, n~arked-D, of all persons entitled to vote in elections for Members of the House of Assemblv for his district, and shall sign |
such list; and shll cause the samevto be either printed or f~%irl-y |
and legibly transclibed, and hung up for the period of seven days ending on the ninth day of such ]as$-mentioned mo11tl1, at the Court House, or l~lacc of nlceting of tlie Local Court, if there be any such, and in such conspicuous places in the electoral district to which the same relates as he shall think fit.
46. Any pmon whose name shall not have been inserted in my | ||
electoral list or in the electoral roll, |
his name ii~serted | therein, shall, with regard to the first electoral |
liat, on or before the tenth dav of such last-mentioned month, | ', |
\
and with regard to any electoial roll, on or | . | ' |
shall be appointed as hereinafter provided, give notice thereof | ||
to the Returning ORicer in the | ||
ioserted, in
any electoral list or electoral roll may object to any other person as not entitledto have his name retained in the said electoral list or electoral roll; and anyeperson so objecting shall, on or before the day so fixed for giving notice of claims, give, or cause to be given,to theReturning Officer, and also to the persou objected to, or leave at the premises for which his name shall appear, to be inserted in the electoral list or electoral roll, notice thereof, in writing accordingto the form in the Schedule to this Act annexed,
marked E, or to the like effect; and the said Returning OfEcer shall include the names of all persons so chiming to be inserted on the electoral list or electoral roll, in a list according to the form in the |
Schedule to this Act annexed, marked F; and the names of all |
persons obiected t9 in | ||
fee, at all reasonable hours durirlg such four days (Sunday ex- | ||
cepted), and shall deliver a copy of each of such lists to any persou requiring the same, on payment | ||
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directed, the Returning Officer shall, in conjunction with the nearest Special Magistrate (not being such Returning Ofticer) and one Justice of the Peace, or with two Justices of the Peace for the said Province, hold | ||
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questions as the Court may put to them or any of them, toucbiog | ||
by any person, unless the party so objecting shall appear by him- | ||
self, or by some one on his behalf, in support of such objection; | ||
when the | ||
have been duly objected to, | ||
Lirnselq or by | ||
|
objected
objected to; and in case the qualification of such person shall not be proved to the satisfaction of the Court, the said Court shell expunge the name of every such person from the aaid list or roll, and shall also expunge therefrom the name of every person who shall be proved to the Court to be dead, or to have become disqualified or incapaci- bted, and shall correct any mistake, or supply any omission which shell be proved to the Court to have been made in any such list or roll, in respect of the name or place of abode of any person who shall be included therein, or in respect of the local description of his property: Provided always, that no prrson's name shall be inserted by the said Court in any such list or roll, or shall be expunged therefrom, except in the case of death, uuless notice shall have been given, as is llereinbefore'required in each of the said cases.
48. The said Court shall have power to require any person | the |
having the custody of any book containing any rate made for any | ad- |
such electoral district or sny part thereof, during that or the pre-
minister tile oettl. ceding year, to produce the said book and allow the same to be
inspected, and shall have powcr to administer oaths or affirmationa,
as the case
may be, as well to the clerk and to the collectors as toall persons claiming to be inserted in, or making objection to the
omission or insertion of any name in any electoral list or roll, and to
all persons objected to in any such list or roll, and to all claim-
ing to have any mistake in any such list or roll corrected, and to all
witnesses who may be tendered or examined on either side, by which
oath or affirmation the person under examination shall be required to
state the truth, the whole truth, and nothing but the truth, relating
to the matter in hand, and shall be liable, if he swear falsely in answer
to any lawful question nut to hini at such examination, to be prose-
cuted for perjury; arid the Returning Officer shall in open
Court write his initials against the names struck out or inserted, and
against any part of any list or roll in which any mistake shall
have been corrected, and shall sign his name to every page of the list or
roll so settled.
49. The Returning Officer shall keep the electoral list so revised |
and signed as aforesaid, and shall cause the same to be fairly and E&:$ | truly copied into an. alphabetical list in a book to |
subsequent additions thereto; and shall cause such book to be corn- pleted within fourteen days fkoni the holding of the first Court of | |
to
electoral roll. to all persons applying for the same on payment of a reasonable
price for each copy.
Pemnal
51. No elector |
unle* nature and sufficiency of his qualification, unless required by the |
Provided however, that if such personal attendance be rendered requisite on the application of any party objecting to
a claimant'sright to register his vote, such party, if his objection be disallowed, &.all defray such expenses as the Court shall award for claimants'
attendance, which expenses so awarded, shall be recoverable in any Court of competent jurisdiction in .which the party entitled thereto
shall sue for tbe same.
52. | person who has dedlared himself a candidate for election | |
pointed persona k i n g in any electord district shallbc competent to act as a Returning
~ ~ > O; ; 6; ~ ~ Officer, or at any Court for the revision of electoral lists holdenfor tbe purposes hereof: Provided further, that in the event of the inability or 'incompetency of any person appointed to act as Returning Officer or at any such Coilrt, or to perform any office or duty in execution of tlris Act, the Governor
may appointsuch other persons, as he may deem fit, to perform any of the duties hereindirected t o be performed by such persons.
writs | $3,. | Writs for the election of Members to serve in ;the House of |
the Governor, and to
~rslmnbloto him. Assenlbly for the said electoral districts shall he issued bythc Governor, directed to the Returning Officer of each district, in which writs shall be named the day of holding a Court of Revision, .the day of nomination for such elections, and, in the event of such elections being contested, the day for taking the poll at the different polling places, and also the
day on which such writs shall be made returnable to the said Governor: Provided always, that thereshall be an interval of not less than sixteen days between the date of any
such writ and the day therein named for the holding of
a Courtof Revision, and an interval of not less than four days between the
-said day for holding | |
&an twenty-one nor more &an forty-tvo days previous to the days |
/ | respectively named therein for the nomination for such election. |
- | ||
in
the House of Assembly, vacant by the death, resignation, ac-ceptance of sffice, or other incapacity of any %fernher, shall be issued
by the Governor only upon the receipt from the Speaker of the
said House of
Assembly ofa notification of such vacancy.
55. House of Assembly under this Act shall be and form-which |
prcwisions hereof into effect. |
Returning Offieer to
56. Upon the recript of |
the same, and shall, within two days fiorn; the receipt thereof,
give notice thereof and of the day of nomination fixed therein, and ofthe time and place of holding ofa Court of Revision,and of thechief and other polling places for taking the poll at such elections,and shall affix such notice on the outer door of the Court House or place of holding the Local Court if there be any such, and in such other public and conspicuous places within the district as he shall think
fit; and it shall be lawful for any person, at any time between theisshing of such hstmcntioned not& and five clear days previous to the time of holding such Court of Revision, to claim to have his name inserted upon any electoral roll, or to object to any name €ben standing thereoil in manner liereillbefore provided for making claims and objections.
67. At every election, the Returning Officer, if it &&l appear t o |
him expedient for taking the poll at such election, may cause booths | |
to be erected, or rooms to be hired and used as such booths in one place or in several places, not being a house liaensed fix | |
of wine, beer, or spirituous liquors, or within one hundred yards of the same, at each polling place as occasion may require; | |
and the same shall be so divided and allottcd into cornpart- ments, as to the Returning Officer shall seem most convenient, and the lieturning Officer shall appoint a Clcrk to take the poll at |
58. |
at one polling place within or allotted to his district, and may ap-
,,I ace, and appoint
point a deputy to act for him and take the poll at each of the other | |
polling laces: Provided that such deputy be appointed by a writing under t K | be |
; | : | l | ' | $ | ; | : | : | ; | ; | ; | 4 | : |
or obstructed by any riot or open violence, whether such proceeding in
cam of riot. shall consist of the nomination of candidates or of the taking the poll, the Returning Officer, or the deputy of any ~ e k r n i n ~ officer,
shall not for such cause terminate the business of such nomination,
nor finally close the poll, but shall adjourn the nomination or the taking the poll at the particular polling place at which such inter- ruption or obstruction shall have happened, until the following day, and if necessary, shall further adjourn such nomination or poll, as the case may be, until such interruption or obstruction shall
have ceased, when the Returning Officer or his deputy shall again proceed with the business of the nomination or with the taking the poll, as the case may be, at the place at which the same respectively may have been interrupted or obstructed; and the day on which the business of the nomination shall have been concluded shall bedeemed to have been the day
fixed for the election,and the corn-mencement of the 011 shall be regulated accordingly; and any
day
whereon the |
place |
place
be reckoned the day of polling at such election within themeaning hereof; and whenever the 011 shall have been so adjournedby any deputy of any Returning
0 k cer, such deputy shall forthwith
give notice of such adjournment to the Returning Officer, whos l d not finally declare the state of the poll, or make Proclamation of the Member chosen, until the poll so adjourned at such place shall have h e n h l l y closed, and
the poll-books delivered or transmitted to such Returning OfIicer.
of proceding
60. On the day of nomination, named in the writ, the Returning Officer shall preside at a meeting to be holden at noon at the chief pol- ling place of'the electoral distGct, and shall declare the purposefor whlch such meeting is held; and if there be at such meeting no more than one candidate roposed, the Returning Officer shall declare such | |
candidate to be du P y elected, and make his return accordingly; and |
*Ir - | in the event of there |
.
election has fallen, and shall return the same accordingly, unless a
-
poll be demanded by one of the candidates, or by not less than six electors on his behalf, and on such demand being made for a poll, the polling shall commence at the different polling places for the district, as nearly as may be at nine o'clock in the forenoon of the day appointed in the writ for taking the poll, and no poll shall be kept open later than four o'clock in the afternoon.
'61. The election of Members of the House of Assembly at |
polling place shall be held before the Returning Officer or his deputy, and the voting at every such election shall commcnce at |
% r ~ when electionl~ nine o'clockin the forenoon, and shall finally close at four o'clock
commence
in the afternoon of the same day, and shall be conducted in manner following, that is to say-every elector entitled to vote in the election of Members of the House of Assembly may vote by deliver- | ||
ing to the said Returning Officer or his deputy a voting paper con- | ||
| ||
elector voting and with the name of the place in which the property for which he appears on the electoral roll is situated, and the Returning Officer or hie deputy shall cause the Clerk openly to record every such vote in a poll-book, to be kept by him for'that | ||
| ||
of any person |
electors entitled to vote in the same electoral district, put to any voter, at the time of his delivering in his voting paper, and not afterwards, the following questions, or any of them, and no other :- | |
voting paper now delivered in by you?, |
SECOND-&^ you the person whose name appears as
,. | electoral roll |
bcbg being registered therein for property desdribed to be situated in (here specify the street or place described in the electoral roll) ?
THIRD-Have you already voted at the present election?
E'OURTH-H~V~ | you the same qualification |
And no person required to answer any of | the said questions shall | for false |
be permitted or qualified to vote until he shall have answered the same, and if any persou shall wilfully make a false answer to any of the questions aforesaid, he shall'be deemed guilty of a misde- meanor, and may be indicted and punished accordingly; and the Returning Officer or his deputy sllall, if required, on behalf of any candidate or his agent, at tllc time aforesaid, administer an oath, or affirmation, as the case may be, to any voter in the following form, that is to say :-
"You do swear (or, being a person authorized by law to affirm, Oath to |
do affirm) that you
arc the snnle person whose name appears as A B. on the roll now in force for the electoral
d&iet | of (as the case may be). |
SO XELP | !" |
And no elector shall at any such election be required to tnkc an oath |
or aftirmation, cxcept as aforeaid, either in proof of his freehold or of | ||
his residence, Qe, or qualification, or right to vote; and no person claiming to vote at any suck election sllull be excluded from voting thereat, except by reason of its appearing to the Returning Officer or his deputy, upon putting such questioll~ | roll, or except by reason of such person refusing to take the | said oath, or make the said afirmation, or to take or make the. |
following oath or affirmation against bribery :- |
" I, A.B., do swear (or, as the case m y be, I, A.R., do solenmIy |
whatsoever, in trust for me, or for my use and benefit directly, or indirectly, any sum or sums of money, office, place, or emolument, gift, or reward, or any promise, or security for any money, office, employment, or gift, |
!" |
63. Each Deputy Returning Officer shall immediately
on theDeputies to seal dose of the p011 publicly enclosc and seal the poll-bo~k, and eouect
and deliver voting them papers forthwith and
and seal up all the voting papers which pollin place whrreat he presided, and shall with the least delay possib | Officer of the electoral district. | 64. The |
the election shall have been held, openly declare the general &ate of the poll at the close of the election, as the same shall have been made up by him from the poll-books and voting papers kept at the several polling-places.; and he shall at the same time and place declare the name of the person or persons who may have been duly elected at such election; and in the event of the number of votes being found to have been equal for any two or more candidates, he shall by his casting vote decide which of the same candidates shall be elected:
Officer, exce t in case of an equality of votes
ns aforesaid: P&- vided also,t at it shall and may be lawful for the deputy of any Returning Officer to vote at any election for the electoral district, in like manner as if he had not been appointed land acted as such deputy.
Return of writs with
in or endorsed on the writ by the Returning Officer, and the writ | |
to the Governor within the time by which, according to the provisions hereof, the same may be returnable. | |
66. All poll-books and voting papers shall be sealed up by the |
Returning | ||
67. Veting papers .shall be suficient in the fork of | Schedule H; | |
but no voting paper shall |
tbe trial of any complaints which may be made against the validity
of any returns made by the Returning Officers of |
electoral districts hereby created-Be | it Enacted as follows: |
against the validity of after the first meeting of every House of Assembly, the said
House shall elect, out of its own body, four persons to be |
Dfficer. Members of the said Court, and the junior or the sole acting Judge
of the Supreme Court shall be the President of such Court.
Governorto sppdint
6 9. If -the House of Assembly shall fail to elect the said four 'Menibers may be nominated at any time afterwards by the Gover- nor; and if any Member shall be incapacitated to attend a meeting of | |
Members of the said Court within the said one week, such four | |
place shdl' be supplied by a person nominated for that purpose by | |
the Houno of Assembly, |
70. The
* - |
the said Court shall be entered by the Clerk of the Assembly |
on the proceedings of the
House of Assembly; and proof of suchstitutiOnofcOuh entry having been made, shall be sufficient authority for the proper
constitution of such Court.
to business unless
convened by order of the House of Assembly, nor until each |
Member compridn~ | it shall take the following oath or affirmation |
the case may be, which shall he administered by the President to each
of the Members, and af ter~a~rds | by any Member to the President :- |
" I, AB., do swear
(or affirm, as the case may be) that I will oath to betaken by duly administer justice in all matters which may be
Members of the Court, brought before this Court, and that I will decide in all
such;natters according to.tlle principlcs of good faith
and equity, without partiality, favor, or affection, and
accordiug to the best of my uuderstaiding.
SO | GOD. " |
72. TEe Court thus constituted shall have power to enquire intoPowerso f~onr~. all cases which mav be brought before it by the House of Assern-
bly, respecting diiputed returns of Mcmhers to serve in the saidHouse of Assembly, whether such disputes arise out of all alleqed error in the return of the 12etunliog Officer, or out of the allcgahon of bribery or corruption against any person concerned in any elec- tion, or out of any other allegation calculated to affect the validity
of the return,
he
guided
only |
the said Court sliall |
conscience of the case, without regard to 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 suck evidence as the law would require in other cases or not. |
to adjourn its sittinq from tixnc to time, | |
think proper, povi&d that the interval of adjournment shall not in any instance exceed two days, and that the said Court s l d l he corn |
petent to regulate the form of its own proceedings, but that such | proceedings shall in no one case extend beyond the period of five |
sitting days, unless no d&ision' be adopted by a majority within five sitting days, or any enlarged period as aforesaid; the President of the Court shall, on such evidence as may then be before the Court, pronounce a decision, or by |
75. | The Court shall not have power to enquire into the correct- Ennuiri- | to |
be restricted to iden-
ness of | whose |
votes may on the day of election have been either admitted orrejected, | |
but | |
I |
etitioning, or to the candidate against whom the petition shall gave been presented, euch reasonable costs and expenses as the said Court may deem fit; and such costs and expenses, when awarded under the hand of the President, shall be recoverable by action of | |
debt from the party by such award made liable to pay the mms. | |
77. All complaints of the undue return of Members to serve in |
the said House of Assembly shall be addressed in the form of a | |
petition to the House of Assembly; and no petition shall be noticed, nor any proceedings had thereon, unless it shall have been addressed to the House of Assembly by a person who was a 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 qualified to have voted at the said election, amounting to | |
not less than one-tenth of the whole number on the roll of electors; |
* | and no petition shall be noti~ed which shall not be received by the House of Assembly within twenty-one days from the |
Petition tohreferrod
78. The House of Assembly, within ten days after any such |
petition shall have been duly received, ahall muse the same to be referred to the Court abovementioned. | |
every such petition, shall be guided by the principles of good faith and equity, and shall receive or reject at their discretion any evidence that may be tendered to them, and shall have power to compel the attendance of witnesses, and to examine them on oath; and if the said Court shall declare that any person was not duly elected, who was returned as elected by the Returning Officer of
:my electoral district, the person so declared to have been notduly electedshall cease to be a Member of the House of Assembly; and if the
said Court shall declare any person to have been duly elected who | duly elected shall be sworn a Member of the said House of Assembly, | and take his seat accordingly; and if the said Court shall declare |
any election to have been absolutely void, the Speaker, on the same being certified to him by the President of the Court, shall forthwith cause to be issued a new writ for the holding of another election for such district. |
And for the prevention of bribery and corruption-Be | it | |
Enacted | |
80. All and each of the following acts shall be deemed and taken to be acts of bribery and corruption on the part of any can- didate, whether committed by such candidate or by any agent autho- rized to act for him, |
elector, elector, or otherwise intimidating him in any
manner with aview to influence his vote; the treating of any elector, or the supplying him with meat, drink, lodging, or horse or carriage hire, orconveyance by steam or otherwise, whilst at such election, or whilst enga ed in
coming to or going from such election; the payment to any | of |
such election, or before or after the same; the keeping open, or allowing to be kept open, any public-house, shop, booth, or tent, or place of entertainment, whether liquor or refreshment of any kind be distributed at such place of entertainment or not; the giving of any dimer, supper, breakfast, or other entertainment, at any place whatsoever, by | |
of influencing their votes. |
on proof thereof, by the decision of the above-mentioned
co~zrt, be held to render void the election of the person committing such act, and to disqualifj. him from sitting rind voting in the said IIouse of Assembly during the whole period thatnay intervene between the commission of the same and the time of the next general election.
82. The | |
their principal, provided that it s l d l be proved to tbe satisfaction of the abovementioned Court that such acts were committed with his knowledge or consent. |
of bribery and corruption, shall be committed' by any person not | |
the authorized agent of any candidate or member, the person so |
committing, or having committed tlwm, ~ h a l l | be deemed guilty of |
misdemeanor, and may be indicted for such act as for a &demeanor at the suit or on the plaint of
IIer Majesty's Attorney or Advocate-in the Supreme Court, and punished with fine not exceeding Two
act of bribery | General, or of any registered elector of the District whcrein such | 84. If any person who shallhave, or claim to have; any right to |
vote in any election of a | |
any Electoral District shall, directly or indirectly, ask, receive, or | |
other reward whatsoever for? himself or for any of his family or kindred, to give his vote or to abstain from giving his vote in any such election; or if any person by himself, his friends, or by | |
person employed by h i q shall, by any gift or reward, or by | |
promise and agreement, or security fbr any gift or reward, procure any person to give his vote in any such election, or to abstain from giving |
- |
85. Every
~ n i ~ m ~ t f ~ r v o t i n g
second time, a t the same election, for a | y | Electoral District, or who |
voters.
shall personate any other person for the purpose of polling a t suchelection, shall
be guilty of'a misdemeanor; and upon being thereofconvicted, shall be imprisoned for any term uot more than two years, at the discretion of the Court who shall try such person.
Remuneration to
be paid to them, in respect of the several matters and things by
this Act directed to be performed by them, the several sums men-
tioned in the Schedule I to this Act annexed.
by any Returning Officer or other person appointed under and by |
allowed by the Governor, be paid and discharged out of the general public revenues of the said Proviuce, by warrants under the | |
hand of the Governor, directed to the Colonial Trcasurcr. |
88, No election shall be held to be void in consequence solely of |
any delay in the holdin5 of | such election at the time appointed, or |
formal n n t ~ r ain the return of the writ, or of any impediment of a mere formal nature, and withiu the period of twenty days before or after the day appointed for the holding of any election, it shall be lawful for the said Governor, with the advice of the Executive Council, to extend thr time allowed for the holding of such election, or far the return of the
writ issued for the same, and to adopt or cause to be adopted such
measures as may be necessary to remove any obstacle by which the due course of any election
may be impeded, and to supply any deficiency thatmay otherwise affect the same: Provided that aany measures SO adopted by the Governor, with the advice of the Executive Council, shall be duly notified in theSouth Australian GovernmentGazette.
89. Every person who may, under the | revisions hereof be ap- |
ointed a lieturning Officer, or Deputy Ceturning Officer, shall | P | |
gefore he enters on the performance of any duty under the | |
nient opportunity, to the Colonial Secretary of South Australia, |
I (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 tbe best of my understanding and ability."
pendty on offiwrs
90. If any Re turning Officer, or |
after having accepted office as such, shall neglect or refuse to perform | |||
any of the duties which by the provisions hereof he is required to per- | |||
|
exceeding Two Hundred Pounds; and, in like manner, if any clerk or other officer or person appointed under or by virtue of this Act s h d neglect or refuse to perform any of the duties which by the provi- sions hereof
he is required to perform, every such clerk or other officer or person shall, for every such offence, forfeit and pay anysum not less than Five, and not exceeding Fifty Pounds.
9 1. The respective penalties before mentioned shall be recovered | ~~,"$'* |
with full costs of suit bv anv Demon who shall
sue for the same within three calendar m&thsuaker the commission of such offence, by action of debt or on the case, in the Su reme Court of the said
Province; and the money so recovered sha 1, after payment of the f | costs and expenses attending the recovery thereof, be paid and |
apportioned as follows, that is to say-one moiety thereof to the person so suing, and the other moiety thereof to Her Majesty for the public uses of the Province and support of the Government thereof. |
92. When any matter or thing | done |
performed on
n certain day, and that day h q p e n to be Sunday Good Friday, Christmas Day, or other public holiday,the said matter or thing may be performed on the next succee&ng day.
93. This Act shall be proclaimed in South Australia by the |
Governor thereof within one calendar month after notification of Her Majesty's assent thereto shall
have been received by such Governor, and shall take effect within the said Province from the day5 of the Proclamation "thereof.94. The Proclamation of this Act and all Proclamations to be
~ " 4 ~ ~ 2 ~ $ U 2 R -
in |
SCHEDULES REFERRED
TO. DEFINITIONS OF ELECTORAL DISTRICTS.
No. | 1. | NORTH A ~ ~ l; h ~ ~ ~. - B o u n d e d | on the south by the centre of the River | fov |
Torrens; on the north-west and north, by the exterior boundary of the Park Lands and | |
the road between sections 2064,348,2062,474, and 460,475,476; and on the east, by |
the boundary line between sections 476 and 477 | .. | .. | .. | .. | .. Two Members. |
No. | 2. | EAST A ~ ~ ~ h x ~ ~, - - - B o u n d e d | on the north by the centre of the River |
Torrens; on the west by a right line running north and south through the centre of
,King William-street and Victoria-square, and produced both ways to thc centre of the RGer Torrens on the north, and to the south boundary of the Park Lands on the
aouth; on the south and east by the exterior boundary of the Park Lands. | .. | Two Members. |
No.' | on the north by the centre of the River |
Torrens; on the east by the west boundary of East Adelaide; | on the south and wcst |
by the exterior boundaryof the Park Lands. . | .. | .. | .. | Two Members. |
No. | An~~,nrn~.-Bounded | on the south by a line commencing at a |
point on the sea coast due
west of the north-west angle of section 1006, Hundred ofYatala; thence easterly, along the north boundary of same section, to the Port Adelaide Creek; thence northerly, along ccntre of said crcck, to a point opposite the south-west angle of section 929; thence easterly by the south boundaries of sec- tiohs 929 and 924; northerly by the road between sections 924 and 442 to the south- west angle of the latter section; south-eastcrly in a straight line to thc southern anglo of section 418; easterly by the south boundary of section 417; northerly by the east boundary of section 417 to the Port Road; south-easterly to the southern angle of section 405; north-casterly by the boundary between sections 405 and
398; north- westerly by the road to the southcrn angle of section 422, and northerly by the east boundary of the said section; thence easterly by the road to the north-east corner of section 360; thence northerly by the road to the Gawvler River, between sections 7568 and 7569, in the IIundrcds of Port Adelaide and Munno Para respectively; thence westerly along the centrc of the ltivcr Gawler, to a point where it cuts the dividing line of sections7623 and 7513; thence west, by the south boundary of 7521,
coast to the point of commencement | .. | . | .. | .. | .. | .. Two Nembers |
No. | 6. | WEST T o ~ ~ ~ ~ s. - - B o ~ n d e d | on the west by the sea coast, between the |
Bay 3oad and the north-west angle of section 1006; thcncc by the District of Port Adelaide
as far as the north-east corner of section 405; thence south-easterly, by the road to the south-west corner of section 41 1, and northerly, by the road west of the said section; thence by the north and east sides of 41l, 2069, and 396, the cast side of 2068, the north and east of 2067 and 374, and the east side of 2066 to its southern angle; theme crossing the mad to the north side of 354; thence south-easterly, by the north- east side of 354 produced till it meets the north-west boundary of the Park Lands; thenco southcrly, by their north-west and west boundaries, to the south-west anglc of the Park Lands; thence south-westerly and weaterly by the Bay Road to the sea
coast at the point of commencement. , | .. | .. | .. | .. | .. | One Member. |
No. 6. YATALA. Bounded on the west by the district of Port Adelaide; on
the north by the centre of the Gawler River; on the east by the south branch of theSouth Para, as far as the south-vest angle of section 1685, and by the road running thence southerly to the Little Para River; on the south by the said river
to the centre of the road between2136 and 2144; thence, along centre of saidroad, to the south-east a ~ g l e of 8045; thence southerly, to the north-east angle of 3002;. thence south, by a straight line, to the east boundary of 1566 at its paint of intersection with the Dry Creek; thence, along the said creek, to its inter-
section | in a straight lime, to |
tne south-east angle of 504; theme, across the road; thence, along the northern
Members for boundary of 508, easterly, to its north-east angle; thence, south, along the east side
each District. of said section, to the centre of the River Torrens; thence westerly, by thc centre of
the said River Torrcns, to its point of intersection with the south-west angle ofsection 477; thence generally westerly by the districts of North Adelaide, Hindmarsh,
and Port ~defa ide, to the north-east angle of section 422, Hundrcd of Port Adelaide;
and from thence, easterly by the road to the north-east anglc of sectiori
360, Hundred
,.. | .. | ., | .. | ,. | .. | .. | . Two Members. |
No. | on | the | west by thc cast boundary of the |
district of Yatala; on thc south by thc centre of thc
Bivcr Torrens between east sideof preliminary section 508 and section 5521, by Kangaroo Creek to the Stringy-bark
Trigonometrical Station, by the range to Mount Torrens, and by the spur of the said
Mount Torrens to the main range, and by the north boundaries of the Hundrcds of
Kanmantoo and Monarto; on the east by a straight line from the north-east angle of | |
the Hundred of -Monarto to the south-east anglc of the Reedy Creek Survey, section 960; thence to the north-east angle of the said survey; thence due north, to the County boundary between Sturt and Eyre; thence west, to Iieync's Hill Trigono- metrical Station; thence wcsterly to the point of commcnccnrcnt, by the south |
boundary of the District of Barossa. | .. | .. | . | . | .. | .. | . | .. | Two Members. |
No. 8. | TORRENS.-Boundedon the south by the main South-casternRoad, |
commencing at the point of intcrsection of thcnorth side of said road with the south bound- a y of the Park Lands, and continuing by the said road to the southern corner of section
1136; thence northerly, along the southern boundaries of 1136 and 48 to the cast angle of section 48; thcnce, by as direct a line as practicable to the south-east angle of sec- tion34; thence, by the east boundaries of34 and35 to the northern angle of the Iattcr section; thence, by as straight a line as practicable to the Stringy-Bark Tri- gonometrical Station; thence, by the sources of the Kangaroo Crcclr to its junction with the River Torrens, at the south-west corner of scction 5521; thence westerly, by the centre of thc River Torrens to its intersection with the eastern boundary of the Park Lands; thence southerly, by the eastern bnundwy of the Park Lands to their south- east anglc; thence westerly, by the south boundary of the Park Lands to the point
of commencement. | .. | ,. | .. | .. | .. | Two Members. | ;-, |
No. 9.
TIIE STURT.-Bounded by a line commencing at the south-west angle of the Park Lands; thence, in an easterly direction by the south boundary line of the Park Lands to the main South-eastern Eoad; thence by the south-wcstsidc of the said road, to the boundary between the Hundreds of Adelaide and Soar lunp; thence wcstcrly, by the boundary between the IIundredv of Adelaide and Noarlunga to its intprsect,ion with the road, west of section 29; thence south, by said road to road through section73; thence weat, by said road to the road between sections 71 and 130; thcnce north to the road between sections130 and129 ; thence west, by said road to road between sections 194 and 248; thencc north to road north of section 215; thence west, by said road to the sea coast; thence north, by sea coast to tile
Bay Road; thence by the Bay Road to the point of commencement, | .. | Two Members. |
No. 10. N o ~ ~ ~ ~ ~ ~ k. - - B o u n d c d | on the north by the ~nuthern | boundary of the |
Districts of the Sturt and of East Torrens, and by the main South-eastern Road, from the south corner of scction 1136, Hundred of Onkaparinga, io the Onlraparinga River; on the west, by the sca coast; on the cast, by thc centre of the Onkaparinga River, from section 481
6 to the crossing of a mad which forms the south boundary of section No. 820, and the north boundary of section No.834; thence along the centre of this road to the south-west corner of section No. 821; thence, by a direct line, following a direction aearly south-east, to a trigonometrical station, knownas Wickham's Hill; thence following the summit of the range about south-west, passing by anothcr trigonometrical station, MLLeod's Hill, and crossing the Encounter Bay Road at the summit level above Willunga; thence continuing along the same range, passing Mount Terrible; and thence following that feature of the range, which
terminates at the south-west corner of section No. | .. | .. | .. | .. | Two |
No. l I. MOUNT | Bd~~~~. - -Bounded | on the east by the River Bremer, corn- |
m%cing at its outlet into Lake Alexandrina; thence northerly by the centre of the mid rivcr to its junction with the Mount Barker Creek; thence, following the centre of said creek to a point due south of Mount Barker Trigonometrical Station; thence north, by a straight line to Momt Barker Trigonometrical Station; thence north- west, along the main range to the north-west angle of section 441 1; thence along the range leading to Mount M a p s c e n t south-westerly
as far as the southem corner of section3827; thence north-werrterly, along the main South-easternRoad to its cro4~;ng of the River Onkaparlnga; bounded on thewest by theDistrict
of
of Noarlunga to that point of the ~lurnrnit of the Willunga Range cut by the En-Men~b~rxfc t counter Bay Road; thence easterly, to Mount Magnificent, and southerly to theeach Dktrict. range betwen Mount Compassand Mount Observation; thence easterly, along themost direct spur to Mount Observation, a t the north-west corner of section 2363; thence by the centre of the Finniss River to its intersection with the road through i~ct ion 2312, thence north, by the said road through sectiona 2423 and 2426 to a point in the centre of the road north of and adjoin section 2426; thence easterly
dong centre of said road to the centre of the roa v | northerly to the north-west angle of section 2371; thence easterly along the north | ||||
boundary of 2371 to its northleaat angle; thence by a straight line easterly, passing through Tod's H i Trigonometrical Station to a point in Lake Alexandrina, where i t meets the county boundary between Counties of Russell and Hindmarsh; thence north to the point of commeecement. (This District comprises the Hundreds of | |||||
|
No. 12. O ~ ~ a ~ a a ~ ~ ~ ~. - B o u n d e d | on the west, by the east boundary of the |
District of East Torrens; on the south, by the Districts of Noarlunga and Mount Barker; on the east, by the District of the Murray; on the north, by that of
Gumeracka | . | .. | .. | . | .. | .. | .. | .. | . | .. | . | One Member |
No. 13. | BAY.--Commencing at the sea mouth of the Murray |
River; thence westward, following the sea coast, to Cape Jervis; thence easterly,
" | following the summit of the range dividing the waters falling into Gulf St. Vincent and those falling into the Southern Ocean; thence northerly, following the dividing range of the waters of the =vers Bungala | |||
| ||||
Myponga Mount, Mounts Cone and Woodcone; thence north, to Mount Compass; thence easterly to a point in the range nearly south of Mount Magnificent; thence aouth-easterly, by the aouth boundary of the District of Mount Barker; thence south to Point Sturt; thence south-westeily, by the south-eastern side of Mundoo Island, to the point of commencement. (This District comprises the Hundreds of | ||||
|
No. | 14. Y a ~ x a ~ ~ ~ u. - B o u n d e d | on the west by the sea coast of Gulf St. |
Vincent, from Cape J e h s to an inlet in the coast at the south-west corner of section No. 674, Hundred of Willunga; on the north-west by the south-east boundary of the District of Noarlunga; on the north by the south boundary of the District of Mount Barker; on the east and south by the Districts of Mount Barker and Encounter Bay. (This District comprises the Hundreds of Yankalilla and Myponga.) One Member.
No. 15. B~~ossa.-Bounded on the north and west
of the said river to its junction with' the South Para River; on the south
by the South Para and that branch of the river running through section 669,
. Barossa 8pecial Survey, and by a line thence north-easterly to the main range;
thence east, by the north boundary of the County of Sturt, to the south-east angle of |
thence due |
north, about.fifteen and a half miles; | thence due west, to Hawker's Hill Trigonorne- |
trical Station; thence southerly, by the main range, to the point of commencement.
the Town of Gawler). . | .. .. | . | . | .. | .. | .. | .. Two Members. |
No. | 16. | M u ~ ~ ~ ~. - - C o n z m e n ~ i n g | at the sea mouth of the Murray; |
thence northerly, by the east boundary of the Districts of Encounter Bay, Mount Barker, the Hundred of Kanmantoo; thcnce south-easterly, by the south boundary of the Hundred of Tungkillo; thence northerly, by the east boundaries of the Hundreds af Tungkillo and South Rhino; thence east, by the south boundary of the Hundred of North Rhine; fhence north, by the east boundary of the said Hundred; thence west, by the north boundary of the said Hundred; thence northerly, by the east boundary of the County of Light: bounded on the north by the south boundary of
the Cpunty of
north line from the great bend of the River Murray; on the east, by the eastern boundary of the Provipce from its northern limit to about latitude 34
.. | . |
No. 17.
No. 17. LIQ~.-Bounded on the west by the County of Uawler; on the north-west by the County of Stanley; on the north-east by the County of Burra; on |
astTicd,
the east by | .. | Two Members. | - |
No. 18. VICTORIA.-Boundedonthe west by the east boundary of the District of the Murrag; on the north by the parallel of | 34 |
the eastern boundary of the Province; and on the aouth-west by the sea coast | .. | One Member. |
No. | AND | -~&ded | on the south by the Districts of |
Yatala and Port Adelaide; on the west, by the
Gulf St. Vincent sad by a line running due north from the mouth of the Wakefield to the River Broughton; on the north by t he said River; on the east by the Districts of Barossa, Light, and the County of Burra, (This District includes the Counties of Stanley and Gawler, except the Town of Gawler, and that part of the County of Gawler included in the Hundred
of Nuriootpa) | .. | .. | .. | .. | .. | .. | .. | .. | .. Two Members. |
20. BURRA.-Comprising Kooringa, Redruth, Aberdeen, bounded south by a line passing west from the great bend of the River Murray along the north boundary of the County of Eyre; thence along the northern boundary of the County of Light as far as its intersection with the east boundary of the County of Stanley; bounded 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 its north-east angle; thence, by a line due east, continued until its meets a due north line from the Great Bend of the
Murray; | thence due south, by the aforesaid line, to the point of commencement. . | Two Memberu. |
No.
21. FLINDEES.-Comprising the County of Flindcrs, and all those portions of the Province to the westward of the west coast of Spencer's Gulf, and of a meridian line drawn northwards from the liead of Spencer's Gulf, together with all that portion of Yorke's Peninsula, being south of a line from Point Riley to the south-west angle of the County of Stanley, together with Kangaroo
Island and all islands west of the meridian of Cape Jarvis. . | .. | .. | .. | One Member. |
No. | on the south-west by .a straight line from Port |
Wakefield to Point Riley; on the west by Spencer's Gulf,' from Point Riley to the head of the said Gulf; and thence, by a due north line, to the boundary of thc Province; on the north by the said boundary; on the east by the District of the Munay, as far southwards as the District of the Burra; on the south by the Counties
of
Burra and Stanlcy, as far as the north-west angle of the latter County; thence due
south to Port Wakefield. . | .. | .. | .. | .. | ,. | .. | .. | .. One Member, |
XOTICE BY THE RETURNING OFFICER.
I hereby
give notice, that I shall, on or before the twentieth day of this month
(or of the month of | next), make out |
in the election of a Member of the House of Assembly to serve for the district of: And every person so entitled is hereby required to deliver or | transmit to me, on or before the said twentieth day of this (or of the said) month, |
a claim in writing, containing his Christian name and surname, place of abode, the nature of his qualification, and the name of the place, and number of the sections, wherein the property in respect of which he claims to vote is situate: Persons omitting to deliver or transmit such claim will be excluded from the register of voters for the said district. |
NOTICE O F CLAIM, |
I hereby give you notice, that I claim to have my name inserted in the electoral
list (or electoral roll) for the district of | in |
(or of the dwelling-house which I occupy at | , | , or as the case may be). |
Dated at | in the year (Signed) |
D
LIST O F
ELECTOftS FOR THE ELECTORAL DISTRICT O F
Christian name and surname | Where the property affording the |
Natu~e |
person | qualification |
" |
(Signed) A. B., Returning Officer.
Dated at | day of |
NOTICE OF OBJECTION.
I hereby give you notice, that I object to the name of | of | (name and |
describe the person objected to as in the electoral list), being retained on the electoral Dated this
- | list or roll of the electoral district |
(Bigned) JOHN |
whieh he is, or claims to be, included in the electoral list or roll).
F
LIST O F CLAIMANTS.
The following persons claim to have their names inserted in the electoral list or roll of the electoral district of
Nature of the property or
l | of each claimant. |
Place where the propnym
qualification is sityated. | j | , |
qualification in
he prefers his claim.
(Signed) | A. B., Returning Officer. |
Dated at | this | day of |
The following persons have been objected to as not being entitled to have their names retained on the electors1 list (or roll) for the electoral district of
Natare of the pro
Christian | fiation | is | Place where |
each person objected to. | on the electoral list. | qualification is situated. |
( Signed) | A. B,, Re tming Officer. |
this | day of |
H
VOTING PAPER.
1 (LB.) being a qualified elector in respect of the undermentioned proerty, do
hereby vote for | to be a Member (or Members) of the Honae of &sembljr |
for |
(Signed) |
is situate.
Travelling, for each day, in addition to a mileage of One Shilling per mile Holding Court of Revision, for each day (one guinea to be paid to
each Magistrate attending
such Court) - - - - - - - - -Clerk of Court of Revision, for each day - - - - - - - - -
Receiving and cntering claims, for each name - - - - - - -
Making and copying lists, for the first copy, per each falio
of seventy-twowords - - - - - - - - - - - - - - - - -
For the second, and each succeeding copy, per | - - - - - |
Attending at day of nomination and day of taking poll - - - -
Deputy Returning Officer taking poll - - - - - - - - - - Poll Clerk - - - - - - - - - - -
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