Parliament Act 1853 (SA)

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No. 3,

An Act to establish a Parliament in South .dustralio.

[Reserved, November 10, 1859.1

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HEREAS by an Act of the Imperial Parliament, passed in preakb~c.

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the Session ,olden in tbe thirteenth and fourteenth years _ 13. '4

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of the Reign of Her present Majest3>, intituled "An ,4ct for the

I3etter 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-

d

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 it1 force under the said Act of Parliament, or otherwise

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 Acts

should be determined, and t,o vest in such Council and House of

Representatives, or other separate Legislative Houses, the powers

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 an Act pnascd in the Session holden

in the fifth and sixth years of the Reign of IIer present Majesty,

intitnled LLAn Act fbr regulating the d e of Waste Lands be-

longing to the Crown in the Austrdian Colonies," in order to place

the disnosal of such waste lands within the said Province, and the

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approiriation of the funds arising from the a i @ o s a F b f, under the coutrol of the Legislature of the sajd Colon, and also to confer upon the Legislature pf ofbe sai?rProv~ ee full powers -6'

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of legislation in all matters affecting the same, provided that due provision be made for the support of the Government of the

aaid 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 said Province, 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 Governor k d Legidative Council of the said Province, and to g_ovide for the exercise of the increased powers

posed 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

Repeal of 0td61;rancc

l. The Ordinance No l of one thousand eight hundred and fifty-one, intituled "An Ordinasce to establish the Legis1,ztive Council of South Austrrllia, and to provide for the election of Members to serve in the same," shall be and the same is hereby repealed.

Parliament to be

constituted in Soutb

2. There shall be. in place of the IAeaislative Council now sub- 8hdl be c a e d LLrFhe ~ n r l i a m e n ~ f South Austmlia: " and w i t h

Australia.

sisting, s. leaislativ; ~o;ncil and n use of Asscmblv, which

No. 1 of 1851.

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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, or assented to in the name of Her hIajesty Her

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

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o t e said Province, or for imposing any new rate,

tax. or impost, shall originate in the House of ~ssernblv> that

it 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 by H& ~ 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

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such

such waste lands after defraying the axpense of surveya, sale, and man- agement thereof, in any other manner than one moiety thereof at the

least 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 work% withinqle said Province.

3. Wheuever any question shall nrisc as to the right of the Que~tion

as to GO.

vernor's right to

Governor to reserve any Bill fbr the signification of Her Majesty's ,,,,,,

a Bin, or of

pleasure thereon, or as to the right of Her Majesty to disallow any Her Maje~ty's

right to

disallow a Bill, to be

such Bill, tbe same shall be determined by the Judicial Committee detemined by J,

of the Privy Council, and in no other manner, except bv the dicinlmmmitteeof

Privy Conncil.

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, qppojntment of Le-

g~slative Councillors

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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

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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-~

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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 a Blenlber of the

said Legislative Council: Provided hwiys, that no person shall

be S-ed to the said w t i v e Council who shkll not be

of the full aqe of thirty yews, and a nat.tural%orn suhjeZX£'

Her Majesty, 'or iatuwlized by an Act of the In~perisl Parliament

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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 Tenure of office of

summoned as aforesaid shall hoId his scat therein for the term of CoU"c"lO~s~

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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. '

7. If any Member of t h ~

said Legislative Council shall, for two vacating seat by

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 sball e

accept or hold any office of profit or pension from the Crown during

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p!easure,

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lmmre, erne tin 04 such offices as are heremafter enumerated

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as not disaria I vinr t e oldera there3 from a s e a t m a r - liament, o; shdl Lke 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 become

Csubject 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.

Trial of ymitionb.

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~ all intents and purposes.

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Appointment of

Preeident.

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

Pneideot

another iu his stead; and it shall be at all times lawful for the said

pm in debata

President to take part in any debate or discussion which may arise

1 in the said Legislative Cdwcil.

Quorum ;

division;

c~sting~vote,

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

than twelve Members, and the presence of at least one-third of the

Members of the said Legislative Council, exclusive of the President,

shall be necessary to cknstitute n quorum for the dispatch of busi- ness; and all questions which shall arise in the said Legislative Council shall be decided by a majority of' votes of the Members present other than the President, and when the votes shal! be equal, the President shall have the castiiug vote.

Convoking As=mbly.

11. For the purpose of convoking the Pdb

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 aummon and all to~ehher

a House of Assernblv in and for %he

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A mid Province.

12. The House of Assembly shall for the resent consist of

thirty-six Members who shall be electe h61;9b6

y t e in a ltsn,ts of the

said

said Province, havihg any of the following qualifications, that is to

say-Every man of the age of twenty-one years, being a natural-

born or naturalized subject of Her Majesty, or legally made r

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denizen of the said Province, and having a freehold estate in posses-

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&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 and incu&brances in any way affecting the same; %being a householder within such district,

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occupying a dwellinsouse of the clear -

annual value of Five

&p/J &-.."d.- -3

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Pounqs sterling money; 2r being rated to any Municipali-

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District Council within'the district for which he votes at

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the time of registration; 9

having s, leasehold estate in pos- LA-"..

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, or have 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 A to this Act annexed: Provided that, until the number of Members of the said House of Assembly shall be seventy-two,

authorized to return one Member shall exceed the number of two

whcnever the uumber of voters iu any electoral district by this Act

thousand, or in any electoral district for the time being authorized

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 dig- trict, praying for an increase of Members, and also stating that the mrnber bf electors in such district exceeds the number of two thousand or thrcie thousand respectively, and that such House of Assembly concurs in the prayer of such petition, to proclaim that such district shall thenceforth return one additional Member to the

said House of Assembly, and such Proclamation shall have the

force of law: And provi'ded further, that whenever the number d. electors upon the electoral list in any such district shall exceed

four thousand, then it s h d be lawful fw the Governor, and lie is

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hereby required, upon recdving a like address from the House 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, that when 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 of any such Proclamation m 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

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division of any electoral district, shall be doubled.

Qtlalifiestion of

Mem-

14. Any emon being a natural-born subject of Her Majesty abmlutely ree (except as hereinafker excepted) who shall be P

qualified and entitled to be registered as a voter in and for any

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.

Government OfLlcers

15. Any person holding any office of profit 6.om the Crown, or of sitting or voting, as a Member of the said Parliament, except- ing only the President of the Legislative Council and official members of the Government holding any of the following offices, that ie to ay-Colonial Secretary, ~ t t b r n e -General, Colonial

incapacitated.

during pleasure, shall be incapable of being summoned or elected,

Except iona

Treasurer, Collector of Customs, d

o icitor- eneral, and Com-

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missioner bf Land and ~mmigration.

D i q u d W ~ i. ~

churn

16, If any Member of the said House of Assembly, not for the time being, holdin

of Membare of

any of the last mentioned offices, shavaccept of

Assembly.

any office o h pro t or pension from the'Crown, during pleasure,

his seat shall be thereupon and is hereby declared to be vacant,

and the Speaker &all forthwith-cause a writ to be issued f o r x w

election.

Disqualifying cott-

17. Any person who shall, directly, or indirectly, himself, or by 01- On his account, undertake, execute, hold, or enjoy in the whole, or in part, any contract or agreement for or on &count of the public service exceedin in any one year the sum of One Hundred

tmtoce, and pemns

intaaavd in

any person whatsoever in trust for him or for his use or benefit

fiom being Members.

Pounds, s h d be incapa le of being elected or of sitting or voEin

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as a Member of such House of Assembly during the time he sb a 8

Pr?ariso oxem king

execute, hold, or enjoy any mch contrkt, or i n y part or share

eom dhtlB1i~c.tia.

thereof, or any benefit or em6lument arising from the same : Pro-

inwrpufsted m trd- vided always, that nothing hetein contained s h d extend to m y

ing wmpaniea ex&-

i q

tweaty in number.

contract

e~ntmct'or aeeement made, entered ints, orsoaeipted, b

any b r a

por&ed company, or 8ay trading company consisting o 1 mom than

twenty persons, where such contract or'agreement shall be made,

entered into, or accepted, for the general benefit of such incorporad or trading comptmyv: Provided also, that if any person, being a Member of such House of Assembly, shall enter into such contract or agreement, or having entered into it, shall coatinue to hold it, his seat in such House shall be void.

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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 vote

as 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 ydament,

holding Sessions of

C,

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 a, period of twelve calendar months rnent.

20. There shall be a Session of the said Parliament once at Duration of Parlia-

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.

2 1.

The said Parliament shaIl be called together for the first time

calling t o ~ t h c

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 cif Assembly shall, upon the first Speaker.

nectiun ofthe

assembling after every general election, proceed forthwith to elect one

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of their number to be Speaker, and in case of' his death, resignation, or

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removal by a vote of the a i d House of Assembly, the said Membera '

&all forthwith proceed to elect anotheli of such Members to be such

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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 any euch Speaker, and- upon such disallowance being signified by the Governor to the said House of Assembly, such. election shall be absolutely null and void, and the said House of Assembly shall 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*

Quorum; division

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carfing vote.

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

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questions which shall arise in the said House of Assembly shall be

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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 casting vote.

NO Member to sit 24. No Member of the said Parliament shall be permitted to sit

the following oath of

yotePntil he baataken or vote therein, until Ire shall have taken and subscribed the fol-

allegiance. lowing oath before the Governor, or before some person or persons

authorized by the Governor to administer such oath :-

oath of allegiance.

" I, A. B., do sincerely promise and swear, that I wil l be faithful and bear true allegiance to Her Majesty, Queen Victoria, as lawful Sovereign of the United Kingdom of Great Britain and Ireland, and of this Province of South Australia, dependent on and belonging to the said United Kingdom, and that I will defend Her to the utmost of my power against all traitorous conspiracies and attempts whatsoever, which shall be made against Her person, crown, and dignity; and that 1 will do my

utmost endeavor to disclose and make known to Her Majesty,

Her heirs, and successors, a11 treasons and traitorous CW-

spiracies, and attempts which I shall know to be against Her, or any of them; and all this I do swear without any equivoca- tion, mental evasion, or secret reservation, and renouncing all pardons and dispensations from any person or persons what-

ever to the contrary.

So HELP m GOD."

Wgnation ofsvrtain

25. It shall be lawful for any Member of

the House of Assembly

the Asgembly.

by writing under his hand, addressed to the Speaker of the mid House, to resign his seat therein, and upon the receipt of such resignation by the Speaker, the seat of such Member shall become vacant.

A k a i o n

in-&

of

oath.

26. Every person authorized by law to make an aff ia t ion instead

of taking an oath, may make such aflhnation in every caw in which

ra oath is hereby required to be taken. 27. If

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27. If any Member of the House of Assembly shall, for one

Vacating seats of

Members of Aesemblr

whole Session of the Legislature, without the permission of such

in oertuiri cases

House of Assembly, entered upon its journals, fail to give his attendance in the said House, or shall take any oath, or make any declaration or acknowledgment of allegiance, obedience, or ad- herewe to any Foreign Prince or Power, or do, or concur in, or adopt any act whereby lie may hecoxnc a subject or citizen of any Foreign State or Power, or become entitled to the rights, privileges, or ilnmunities of a subject or citizen of any Foreign State or Power, or shall become bankrupt or an insolvent dcbtor within the meaning

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.

Election to take place

on vacancies.

A L- JZ,

pleasurehpon a resolution by the Assembl? declarini such vac

v e-&l

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and the ciuses thereof, the Speaker shall fortllwitli cause a ~ m =

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be issued for supplymg such vacancy.

29. The said rJcgidativc Council and House of Assembly, at the first sitting of each respectively, and from time to time afterwards as there

Standing R U I ~ ~

and

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 shall hc 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 Covernnzent Gazette or otherwisc, for general infbrma. tion, for some convenient space of time before thc mectiug of sucl Coulicil and Assembly respectivcly, and for the propcr pnssiug. intituling, and nuinbering of the Bills to be introduced into ard passed by the said Council and Assembly, and for the proper pre- sentation of the same to the Governor for tlle time being, for He1 Majesty's assent; all of which Rules and Orders shall, by such Council and Assembly renpectively, be laid before the Governor, and, being by him approved, s l d l bccoiac binding and of' force; Provided that no such Rule or Order shall be of forcc to subject an

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30. I t shall and may be lawfd for the Governor to transmit by Governor may tnoc

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measage to the said Legislative Council or House of Assembly, for mit draft ~ W P J

to

eithar H o w.

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their

their consideration, the draft of any laws which it may appear to 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.

Governor witllho!ding

31.

Every Bill whkfias -__-_

been passed b y the Legislative Council

w e n t to Bills,

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 as rimy from time to time be given in that behalf' by IIer Majesty, Her llcirs, or Successors, that he assents to s~zch Bill in Her Majesty's name, or that he withholds

Her Majesty's assent, or that he resc;ves

such Bill fir the significa-

tion of her Majesty's plcasure tlwrcon.

nisallowance of Bills

assented to.

32. Whenever any Bill affecting any imperial subject, which shall have been presented for Her Majesty's assent to the Go- vernor, shall, by such Governor, have been assented to in Her Majesty's name,-the Governor shall, by the first convenient oppor- tunity, transmit to one of Her Majesty's Principal Secretaries of State, an authentic copy of such Bill so assented to; and it shall be lawful at any time, within two years after such Bill shall have been so received by the Secretary of State, for Her Mqiesty, by Order in Council, to declare Her disallowance of sucl~ Bill, and such disnIlowance being signified by the Governor to the Legis- lative Council of the said Pro~iiice, by speech or message to the said Council, or by Prodarnation in the Sbuth Ausfra licln Government Gozette, shall make void and annul the same from a i d after t l ~ c

day of such signification.

Reserved Bill not to

have force until Go-

33. No Bill which shall be so reserved for the signification of

signify

Her Alajesty's plcasure thereon shall hare any force or authority

Her M~jesty's assent

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 Her Majesty has been pleased to assent to b e said Act, and an entry shall be made in the journal of the said Legis- lative Council and House of Assembly of every such speech, mes-

thereto.

speech or message to saidLcgislntive Council and lIouse of Assembly,

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sage, or Proclamation, and a duplicate thereof, duly attested, shall

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be delivered to the ~~~~~~~~~enornl, or other proper officer, to he kept among the records o f x e said Province; and no

,,&A 6

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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

y a m from the day on which such Bill shall have been presentedP

-

for Her Majesty's assent to the Governor

34. The

34.

The appointment to all public offices in the said Province here-

Appointment to

offices in the Province

after to become vacant or to be created (other thanCorporate offices),

to be vested in the

Governor.

whether such offices be salaried or not, shall be vested in IIer Majesty

-

through the Governor, with the advice of the Executive

Council.

35. The Conlnlissions of the present Judges of the Supreme Conrt of the said Province, and of all fnture Jndges thereof, shall be,

Judges continued in

the enjoyment o f their

offices during their

good behaviour, not-

and rclnaiu in full force during their good behaviour,

withstanding any de-

l~otwithstandil~g

the demise of Her Majesty (whom God long pre-

mise of the Crown.

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

l n w f ~ d, nevcrthcless,

for Her Majesty, Her Heirs,

But they may be re-

moved by the Crown

and Successors, acting through tbe Governor, to remove any such

on the address of

Judge or Judges, upon the address of' both Houses of the said Par-

Parliament.

linment.

37. Notlling in this Act contairled shnll prevent or affect the cxccution of any law wliicll hath been or shall be made in the Par- lianient of' the said United ILiilgdou for establishing regulations and pobibitions, or for tllc imposing,, levyitis, or collecting duties for the regulation of navigation, or for the rcgdation of tllc commerce between tlw Province of South Australia and any other part of Her Majesty's l)ominions, or between the said Pr6viiice of South Australia

neclar~tory Act,

18,

or my part thereof, and any Foreign Country or State, or for ap-

George ILL, cap. 1.2.

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 and consent of'thc mid ~'arliament, to vary or repeal

my such law or lams, or m y part tllereof, or in anvnlanner to prevent

or obstruct the esccntion thereof: Provided alkays, that the net

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 aucl with the advice and coizseut of the said Par-

lianieiit.

38. I t sllall not be lawful for the said Parliament to levy any duty upon articles impurted Gonu fide for the supply of

Duties not to be

levied on mpplies for

troops, nor any dutiw

Her Mnjcsty's Land or Sea Forces, nor to levy any duty, impose

inconsistent with

say prohibition or restriction, or gmnt any exemption ikon1 any

treaties.

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

Customs duties may

bo i~nposed not dif-

ferential though con-

shall be lawful for the said Parliament to impose and levy such

trary to cxicrting

duties of customs as to them may seem fit, on the importation

Acts of Parliament.

into

into the said Province of any goods, wares, and merchandize

whatmever, whether the produce of or exported from the United Kingdom, or any of the Colonies or Dependencies of the Unitcd Kingdom, or any Foreign Country: Provided always, that no new

duty shall be so imposed upon the importation into the said Proviuce of any article the produce or manufacture of, or imported from, any

particular country or place which shall not be equally imposed cm the importation into the said Province of the like article the produce or manufacture o f, or exported from, all other countries and places whatsoever.

Constitution of Legis-

40. If, during: the Session of the said Parliament next after the

lative Council mav be

expiration%f nine years from the first summoning of Z g a i d

changed bz,~ou8e'

of

h m b & after ex-

ptmotl of nine yeare.

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 by two-thirds of the Members of the said House of ~ s s e r n & i ~, shall dso be presented to the Go-

W!

C-

%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 " - Parliament, a Bill shall be forwarded to him from such House of A s s e m m o r the purpose of giving effect to such Address, to reserve such Bill for the signification of Her Majesty's pleasure; and upon the assent of Her Majesty being given to such Bill, the same shall have the force of law, and shall be valid, to all intents and puqoses, in the same manner as though the same had passed both Houses of the said Parliament: Provided always, that it shall E m u r n b e n t U on the Governor,. upon re- ceiving such - & s t - m e n t i o n e ~ 1 s s o l Y e the said House of Assembly.

3

Pg_Iiamept. may alter

41. It shall be lawfid for

with the advice and

the conrtitution.

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 such

Members 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.

*..

--

Returning Officers for

42. The Governor shall appoint by writing under bis hand a fit

electoral districts.

and proper person to be the Returning OfEcer of each and every

electora1 di~trict : Provided that the person so appointed be qualified

t 0

to be an elector of the Province, and that his appointment be notified in the usual manner in the Government 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 until

such 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 subordinate officers 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 after

given by Returning

Notice ta votern to be

this Act shall have come into operation, every Heturning Officer shall

Oficex.

cause to be affixed, in the most public and conspicuous situations .within his district, a ~ i d i11 the city of Adelaide, a notice according to the form of Schedule B hereto annexed, requiring all pcrsons who ruay be entitled to vote in the election of a Member to serve in the House of Assembly for such district, to deliver or transmit to such Returning Otticcr, on or before the twentieth day of such last- mentioned montl~, a notice of their claim as such voters according

,to the form of Schedule C, or to the like effect.

45. The Returning Officer shall, on or before the first day of the

Electoral lists to 8s

printed or f~irly

tran-

month next following the publication of such notice, make out a list, to

scribed, and bung ,up.

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

Claim of pwsorb $0

have t h e ~ r

namea in-

electoral list or in the electoral roll, and who shall claim to have

sorteg on el$ctr)r~l

his name ii~serted

therein, shall, with regard to the first electoral

lists.

liat, on or before the tenth dav of such last-mentioned month,

',

\

and with regard to any electoial roll, on or before such day as

.

'

shall be appointed as hereinafter provided, give notice thereof

to the Returning ORicer in the form of the Schedule to this Act

annexed, marked C, or to the like effeet; and any person whose name shaU have been ingerted., or who shdl claim to haye his name

G

inserted,

ioserted, in any electoral list or electoral roll may object to any other person as not entitled to 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 the Returning 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 according to the form in the Schedule to this Act annexed,

List of claimants.

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

T A

of persons ob-

Schedule to this Act annexed, marked F; and the names of all

jected to.

persons obiected t9 in a list according to the form of the Schedule h this ACE annexed, marked G; a d shall cause copies of such several lists to be fixed on the outer doors or walls of the public or conspicuous buildings or places aforesaid, during. tlre four days next preceding the holding of any Court of Revision under the authority hereof; and the said Returning Officer shall likewise keep a list of the names of all persons so claiming as aforesaid, and also a list of the names of all persons so objected to as aforesaid, to be perused by any person without payment of any

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 of a sum not exceeding One

Sl~iiUing

for each copy.

Court~

for Revision c

f

47. On or before such day as shdl be named iu any writ to him

elsctoral lit&+.

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 an open Court for the revision of such electoral list or electoral roll, and may continue such Cowt by adjournment, and shall, at the opening of "the Court, produce the said electoral list or a copy of the electoral roll, and a copy of the lists of the persons so claim- in@;, and of the persons so objected to, made out in the manner afore-

summoned, attend the Court, and shall answer upon oath all such

Bald; and all collectors of rates and others shall, on being thereto

questions as the Court may put to them or any of them, toucbiog any matter necessary for revising the electoral list or electoral roll; and the said Court shall insert in such list or roll respectively, the name of every person who shall be proved to the satishction of the Court to be entitled to be inserted therein, and s l d l retain on the said list or roll the names of all persons to whom no objec- tion shall have been duly made, and shall also ?etain on the said list or roll the name of every person who s h l l have been objected to

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; and

when the name of any person inserted in"either of the said lists shall

have been duly objected to, and the erson objecting shall appear by

Lirnselq or by some one on his beha f, in support of such ob~ection,

the Court shall require proof of the qualihcation of the person so

P

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 to

P*IVW

order

to

the

the

produc-

Court

having the custody of any book containing any rate made for any tion

boukr

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 to

all 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 Rorised lists to

and signed as aforesaid, and shall cause the same to be fairly and E&:$ "lc Ret"rni"g

truly copied into an. alphabetical list in a book to be by him provided

subsequent additions thereto; and shall cause such book to be corn- cOr"'ted.

pleted within fourteen days fkoni the holding of the first Court of

fhr that purpose, leaving such spaces as may be necessary for any Electoral roll t o h preserved among the records of his oflice, and shall, within seven days after the holding of any Court of Revision subsequent to the first, correct the said hook by inserting therein in alphabetical order, or expunging therefrom, the names of persons inserted in or expunged from the electoral roll by any such Court, and shall also transmit a copy of such book, and of all corrections to be from time to time made therein, to the Colonial Secretary, and every such book shall be the roll of the electors of tJle electoral district to which the same relates.

50. The Returning Officer shs,U furnish copies of the electoral roll Returning Officer to

furnish copies of the

to electoral roll.

to all persons applying for the same on payment of a reasonable

price for each copy.

Pemnal

of electors not neces-

51. No elector chiming to register his vote in any electord dis-

v

to pmve qudifi- trict shall be obliged to appear in person to make proof of the

to

required by the CourL Court at which he shall apply to be registered to attend in person:

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's

right 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.

Proviminureof Ma-

52. N:

person who has dedlared himself a candidate for election

gistrates or other sp-

pointed persona k i n g in any electord district shall bc competent to act as a Returning

~ ~ > O; ; 6; ~ ~ Officer, or at any Court for the revision of electoral lists holden

for 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 appoint such other persons, as he may deem fit, to perform any of the duties herein directed t o be performed by such persons.

writs to be issued by

$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 by thc

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 there shall

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 Court of Revision, and an interval of not less than four days between the

-said day for holding n Court of Revision a,nd the day of nonhation

named therein, and that no such writs shall be dated or issued lees

&an twenty-one nor more &an forty-tvo days previous to the days

/

respectively named therein for the nomination for such election.

d

Writ8 j=ed

to

U-

54. All writs heranbefore directed to be caused to be issued by $he Speaker for the purpose of ckcting a Rlembcr f o fill any seat

-

ply vacancies only on

nsrraUt

Spaher.

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 of a notification of such vacancy.

F O ~

of writa

55. A11 writs to be issued for ,the election of "Members of the

House of Assembly under this Act shall be f m e d in any manner

and form-which may be necessary and s&ei& fbr earrying the

X

prcwisions hereof into effect.

Returning Offieer to

give notice of day of

56. Upon the recript of any writ for the election of Members7

nominafjim, and of

the Returning Officer shall endorse thereon the day of receiving

court of Bevision.

.the

the same, and shall, within two days fiorn; the receipt thereof, give notice thereof and of the day of nomination fixed therein, and of the time and place of holding of a Court of Revision, and of the chief 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 the

isshing 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 or

Bootha

hired

may

for

he erected

taking

him expedient for taking the poll at such election, may cause booths

the p o ~ ~ s

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 &he sale

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 each compartment, and shdl before the day fixed for the election, if there be a contest, cause to be furnished for the use of each booth or polling place, a copy of the electoral list of the district, and shall mder his hand certify sucll copy to be a true copy.

58. The Returning Officer of each electoral district shall preside Returning Officer to

preside at one pollir?g

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 deputies to preside at

the othera.

polling laces: Provided that such deputy be appointed by a writing under t K e hand of the said Returning Officer, and that public notice

be giveu of such appointment.

59. Where the proceedings at any election shall be interrupted :

;

:

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 be

deemed 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 poll S all have been so adjourned, shall not as to such

E

Ii

place

place be reckoned the day of polling at such election within the meaning hereof; and whenever the 011 shall have been so adjourned

by any deputy of any Returning 0 k cer, such deputy shall forthwith

give notice of such adjournment to the Returning Officer, who

s 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

at election.

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

F

candidate to be du P y elected, and make his return accordingly; and

*Ir -

in the event of there being more candidates, theReturning Officer shall call for a show of hands separately i n favor of each candidate, and after such show of hands shall declare the person on whom the

.

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.

Electione to be before

'61. The election of Members of the House of Assembly at each

and their deputies.

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'clock in the forenoon, and shall finally close at four o'clock

commence

terminate.

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-

Manner otvoting.

ing to the said Returning Officer or his deputy a voting paper con-

taining the Christian name and surname of the person for whom he

votes, such paper being previously signed with the name of the

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

purpose*

-

No enquiry of a voter

except as to his iden-

62. No enquiry shall be permitted at any election as to the right

tity, whether he has

voted before on the

of any person to vote, except o d y as follows, that is to say-

elaetion,

m the Returning Officer or his deputy shall, if required by any two

to q~.lscation.

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 :-

Form ofqueationg to

be put as to these

F m s ~ - - h e you the person whose name is signed as A.B. to the

points.

voting paper now delivered in by you?,

SECOND-&^ you the person whose name appears as A,B, in the

,.

electoral roll now in force for this electoral district,

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 far which your name now stands in the electoral roll for the district of (spe- cifying in each case the particulars of the qualification as described in the electoral roll) ?

And no person required to answer any of

the said questions shall ~ ~ n i s h m e n t

a71swer.

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 be a h i ~ l i s -

istcred if required.

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 YOU GOD

!"

And no elector shall at any such election be required to tnkc an oath NO other oath as to

e

or aftirmation, cxcept as aforeaid, either in proof of his freehold or of

9uWlifi"i0n.

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~ XB aforesaid, or any of them, that the person so claiming to vote is not the same person whose name appears on such roll as aforesaid, or that he has previously voted at the same election, or that he has not the same qualification for which his name was originally inserted in such

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 Bribery oath to be

admirnstered if re-

affirm) I have not received or had, by myself or any person

,u;r,d.

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, iu order to give my vote at this election.

80 HELP ME GOD

!"

63. Each Deputy Returning Officer shall immediately on the Deputies 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 have been taken at the to Rcturuing Officers.

pollin place whrreat he presided, and shall with the least delay

possib o deliver or cause the same to be delivered to the Returning 7

Officer of the electoral district.

64. The

elected to be declared 64. The Returning Officer of each electoral district shall at

Names of porwns

by mankg Officer. the place of nomination, and as soon as may be practicable after

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:

to vote except in case Provided, however, that no Returning Officer shall vote at any

Returning Officer

ofequality ofvotes election for the electoral district of .which he is the ltcturnina

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

names of elected

65. The name of the person or persons so elected shall be inserted ret~nned

persons endorsed

in or endorsed on the writ by the Returning Officer, and the writ

thereon.

to the Governor within the time by which, according to the provisions hereof, the same may be returnable.

Poll boka and votin

papem to be sealed a d

66. All poll-books and voting papers shall be sealed up by the

transmitted with the

Returning officer and transmitted with the writ to the Governor,

W

writ to the Governor.

voting paper not to

67. Veting papers .shall be suficient in the fork of

Schedule H;

be rejected for want of

form.

but no voting paper shall bc rejected by the Returning Officer for mere want of' hrm: Provided that the name and designation of the party signing the paper and the name of the party contaiued in it be intelligildy expressed artd ia a manner to be commouly understood.

And whereas it is expedient and necessary to provide a Court for

tbe trial of any complaints which may be made against the validity

of any returns made by the Returning Officers of the several

electoral districts hereby created-Be

it Enacted as follows:

for trial of complaints 68. For the purpose of forming such Court within one week

COU*

against the validity of after the first meeting of every House of Assembly, the said

by Be-ing

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

Membars of Cow, if

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

HOW of A-rnblg

Members of the said Court within the said one week, such four

fail to elect.

m n ~ n a ~ i o ~

of Mm- the Court by reason of death, sickness, or any other impediment, his

bers of Court to sup-

place shdl' be supplied by a person nominated for that purpose by

,& vacancieu.

the Houno of Assembly, or, in default of such nomination for the

gerid of one week, by the Governor.

70. The

S..>.,

* -

70. The record of the election or nomination of the said Members :~;;tl_nrF

the said Court shall be entered by the Clerk of the Assembly proof of proper con-

on the proceedings of the House of Assembly; and proof of such stitutiOnofcOuh

entry having been made, shall be sufficient authority for the proper

constitution of such Court.

71. The said Court shall not proceed to any business unless C~artnot

to proceed

to business unless

convened by order of the House of Assembly, nor until each

by

Member compridn~

it shall take the following oath or affirmation as House of AssemW.

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 be taken 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 HELP

ME

GOD. "

72. TEe Court thus constituted shall have power to enquire into Powerso 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 said

House 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

73. I11 the trial of any complaints as aforesaid, the Members of Court

only by the real jua-

the said Court sliall bc guided by the real justice and good tice and

con-.

conscience of the case, without regard to legal forms and solemnities,

e"fach

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.

74. The said Court shnll hc an open Court, and shall have power Conrt may regulate

to adjourn its sittinq from tixnc to time, m in its discretion it may proccedinga

the form of its own

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 Decisions to ha given

proceedings shall in no one case extend beyond the period of five to be lru,, within five dnys, and

sitting days, unless by leave of the House of Assembly; and that if' appeal.

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,

and that every decision, whether so pronounced by the President,

or by the Court, shall be find and conclusive, without appeal.

75.

The Court shall not have power to enquire into the correct- Ennuiri- b ~ c o n r t

to

be restricted to iden-

ness of any electoral roll. or into the qualifications of' p r ~ o n s

whose tity of voters, and

votes may on the day of election have been either admitted orrejected,

propriety of admimion

but &m& into the identity of the persons, and whether their votes

or rejxtiun of

were improperly admitted or rejected, assuming the roll to be correct.

I

76. It

OD*.my*awwded-

76. It shau be lawful for the said Court to award to the party

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.

Complaints of undue

return8 to be by

77. All complaints of the undue return of Members to serve in

petition to the House

the said House of Assembly shall be addressed in the form of a

of Bssembly.

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 da'y of election, or one week from the meeting of Parliament which shall last happen.

Petition tohreferrod

to Court by Houae

78. The House of Assembly, within ten days after any such

of A-~IY,

petition shall have been duly received, ahall muse the same to be

referred to the Court abovementioned.

h m d i n g s of Court

on petitions

79. The said Court, in hearing and deciding on the merits of

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 not duly elected

shall 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 wne not returned by any Returning Officer, the person so declared to be

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.

What &all be deemed

And for the prevention of bribery and corruption-Be

it

acts OE bribery and

cormption.

Enacted W follows:

7 S 8 G @ ~, m.a~m

37, a 3.

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, that is to say-the giving of money or any other article whatsoever, cockades included, to any elector, with a view to influonce his vote, OF the holding out to him any promise or ex- pectation of profit, advancement, or enrichment in any shape, in order to influence his vote, or making use of any threat to any

elector,

elector, or otherwise intimidating him in any manner with a view to influence his vote; the treating of any elector, or the supplying him with meat, drink, lodging, or horse or carriage hire, or conveyance by steam or otherwise, whilst at such election, or whilst enga ed in

coming to or going from such election; the payment to any e 7 ector

of any sum of money for acting or joining in auy procession during

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 ,z candidate to any number of electors, with a view

of influencing their votes.

81. The commission of any one of the above-mentioned acts-shalf,

Any of the ahm

to clisqualify.

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 that nay intervene between the commission of the same and the time of the next general election.

82. The acts of a11 authorized agents of a candidate or member shall, in matters coniiected with elections, be held to be the acts of

Principals bound by

acts of tbeir agenta.

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.

83, If any of the above-mentioned acts, hereby declared to be acts

Acta of bribery and

corruption by persona

of bribery and corruption, shall be committed' by any person not

not being the au-

the authorized agent of any candidate or member, the person so

thoriead agents.

committing, or having committed tlwm, ~ h a l l

be deemed guilty of a

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 or corruption shall be alleged to have been committed.

General, or of any registered elector of the District whcrein such

84. If any person who shallhave, or claim to have; any right to

Penalty on persons

receiving or offering

vote in any election of a Merrtber of tlic House of Assembly for

rcward for voting or

any Electoral District shall, directly or indirectly, ask, receive, or

withholding vote.

take any money or other reward by way of gift, employment, 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 any

person employed by h i q shall, by any gift or reward, or by any

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 the same, such offender shall, for such offence, forfeit the sum of Fifty Pounds sterliug to the person who shall first sue for the same to be recovered, with full costs, by action of debt, bill, plain4

or information, in the' Supreme Court..

-

85. Every

~ n i ~ m ~ t f ~ r v o t i n g

twice, or pereonsting

$6. Every person who shll poll a seoond time, or. offer to poll a

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 such

election, shall be guilty of'a misdemeanor; and upon being thereof convicted, shall be imprisoned for any term uot more than two years, at the discretion of the Court who shall try such person.

Remuneration to

Beturning Officer&

86. For the remuneration of the Returning Officers, there shall

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.

Payment of other

87, All necessary and reasonable expenses which shall be incurred virtue of this Act, for the purpose of carryin5 into effect the several provisions hereof, and not otllerwise prov~ded for, shall, if

expenses incurred.

by any Returning Officer or other person appointed under and by

U -

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.

&*on

m thevent

of impediments of a

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 a

in 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 that may 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 the South Australian Government Gazette.

Dec~atstione

to be

made by officers

89. Every person who may, under the

revisions hereof be ap-

before. J".ica

ointed a lieturning Officer, or Deputy Ceturning Officer, shall

P

be transmitted to

Colonial Secretary.

gefore he enters on the performance of any duty under the same, make and subscribe before a Justice of the Pence, the following declaration, and the Justice before whom such declaration may be made, is hereby required to transmit the same by the first conve-

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

refnlring or neglecting

90. If any Re turning Officer, or my Deputy Returning Offieer,

duty.

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-

form, every such Returning Officer or Deputy Returning Officer shall, for every such offence, fol.feit 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 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 any sum not less than Five, and not exceeding Fifty Pounds.

9 1. The respective penalties before mentioned shall be recovered Zo"3

~~,"$'*

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 shall be hereby directed to be Wherematterstoht

done fall on a hdidey.

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 C ~ ~ W - W W ~ ~

ths Act.

a

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 day 5 of the Proclamation "thereof.

94. The Proclamation of this Act and all Proclamations to be ~ " 4 ~ ~ 2 ~ $ U 2 R -

made under the nrovisions thereof shall be ~ublished

in the South ment Gazette.

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 ,W&&rs

fov

Torrens; on the north-west and north, by the exterior boundary of the Park Lands and

District.

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

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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.

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Two Members.

No.' 3. WEST ~ D E L A I D E. - B O U ~ ~ ~ ~

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. .

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Two Members.

No. 4. PORT

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 of

Yatala; 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 sections 7623 and 7513; thence west, by the south boundary of 7521,

'1522, and 7523, to a point between sections 7500 and 7510; thence by the centre of the aforesaid Rivcr Gawler, to the sea at Port Gawler; thence southcrly by the sea

coast to the point of commencement

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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 41 l, 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. ,

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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 the

South 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 between 2136 and 2144; thence, along centre of said road, 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 with the east boundary of section 313; thence ~outherly,

in a straight lime, to

the

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 of

section 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

of Yatala.

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. Two Members.

No. 7. G u n r ~ ~ h c r r A. Bounded

on

the

west by thc cast boundary of the

district of Yatala; on thc south by thc centre of thc Bivcr Torrens between east side

of 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

4-

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.

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Two Members.

No. 8. EAST

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 11 36 and 48 to the cast angle of section 48; thcnce, by as direct a line as practicable to the south-east angle of sec- tion 34; thence, by the east boundaries of 34 and 35 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.

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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 section 73; thence weat, by said road to the road between sections 71 and 130; thcnce north to the road between sections 130 and 129 ; 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,

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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, known as 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. 674.

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Two Membera.

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 section 3827; thence north-werrterly, along the main South-eastern Road to its cro4~;ng of the River Onkaparlnga; bounded on the west by the District

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 the each Dktrict. range betwen Mount Compass and Mount Observation; thence easterly, along the

most 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 west of section 2371 ; thence

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

Kondoparinga, Bremer, Strathalbyn, Macclesfield, and Kuitpo)

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Two Memberr

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

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One Member

No. 13. ER~OWNTEB

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 m d Inman; thence by a range on which

are situated the following Trigonometrical Stations:-Moon

Hill, Scrub Hill,

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

Waitpinga, Encounter Bay, Qoolwa, Nkangkita, and Alexandrina.)

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One Member.

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 by the Moarundee road, from the point where it crosses the main range between Hawker's Hill and Mount De~pond to its. intersection with the North Para River, and by the north branch

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

f i e Hundred of North Rhine, nine miles from the County boundary;

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.

(ThL District comprises the Hundreds of Barossa, Moorooroo, and North Rhine, and

the Town of Gawler). .

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No.

16.

THE

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 Burra, and the nojthern h i t of the Province; on the west, by a due

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 O 32' south; thence west, along the @aid parallel of latitude to witbin three miles of the River Murray; thence .south, aad parallel to the river until the eastern boundary of the County of Russell is crossed; thence eoutb, by the said boundary to the sea coast;

&ewe, by the sw coaat to the point of commencement, ,

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. .. One

Member.

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

Members fop

astTicd,

the east by the County of Eyre ; and on the south by the District of Barossa

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Two Members.

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No. 18. VICTORIA.-Boundedonthe west by the east boundary of the District of the Murrag; on the north by the parallel of

34 O 32" south latitude; on the east by

the eastern boundary of the Province; and on the aouth-west by the sea coast

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One Member.

No. 19. STANLEY

AND GAWLEB.

-~&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)

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.. 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. .

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One Member.

No. 22. YOUNG.-Bounded

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. .

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.. 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 a list of all persons entitled to vote

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,

C

2'0 the

o f

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 virtue of the property which I possess at

(or of the dwelling-house which I occupy at

,

, or as the case may be).

Dated at

day of

in the year 18

(Signed) SOHI BTXLES, of (plaee of abode).

t

D

D

LIST O F ELECTOftS FOR THE ELECTORAL DISTRICT O F

Christian name and surname

Where the property affording the

Natu~e

of Qualification.

of mh

person at full length.

qualification ie situated.

e

"

(Signed) A. B., Returning Officer.

Dated at

day of

NOTICE OF OBJECTION.

To the Returning

O B e r of

(and to the person objected do).

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 of

(Bigned) JOHN

STILES,

of (here state the dwelling-house, or property for

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 Christian name and surname

of each claimant.

Place where the propny m

qualification is sityated.

j

,

qualification in reapect of which

he prefers his claim.

(Signed)

A. B., Returning Officer.

Dated at

this

day of

C

LIST O F PERSONS OBJECTED TO.

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 erty or quali.

Christian name and snrneme of

fiation

for whit{ his

is

Place where the property or

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 pro erty, do

hereby vote for

to be a Member (or Members) of the Honae of &sembljr

for the electoral district of

(Signed)

A, B,, Name of elector, and place where qualification

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 folio

- - - - -

Attending at day of nomination and day of taking poll - - - -

Deputy Returning Officer taking poll - - - - - - - - - - Poll Clerk - - - - - - - - - - -

--

.--

-.

--p

ADELAIDE:

Printed by authority by W, C. Cox, Government

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