Parliamentary Electorates and Elections Act of 1893 (NSW)

J89a VIC. No. 38. i'JO

l^arliamcnlary IMcctoratcH and FAeciions.

No. XXXVIII.

I’AIM.IA5I|-,NT.U:V

All Act for the redistribution of Afew Soutli I'j.i'rroiiA'i'Ks

AN !i

Woles into E lectoral D istricts and for the	lAl.KcriONS.
sut)divssioii of sucli D istricts; for re=- m odelling the franchise, and the law fil)|)iical)le to Iflectioiis to the Ijegislative Assembly; for determ ining the niiiiiber of Memliers to serve in the said A ssem bly; for till' jieriodical adjustm ent of Ihectoral D istric ts; and for other purposes in furtherance of, or conse(juent on, the

aforesaid oi)jects. [13 /̂ ̂ Ja/ac, 1893.]

">E it criactod by tlic Queen’s Most Excellent Majesty, by ami v. itb

liie a(lvi(,‘e and consent of tlic Loyislativc Council and Leyislaiive

Asseip.bly of Ncav South Ydah.'S in Parliament assembled, and by the

authority of the same, as follows :—■

JPreliiiuiutrij and lulrodnclonj Jdj‘oi:islons,

1. This Act may l)c cited as the “ Parlianieiitary Electorates sik.ii isir. and Elections Act of i893,” and shall, up to the date lueutioncd in

tlic tliird section hereof l)ut no lon«;cr, be read rvitb, and as fonnin!p	°	’
j)art (>r, the “ Jilectoral Act of ISbO,” and the ‘AVent-worth Elecdoratc Subdivision Act.” The ])rovisions of tliis Act arc arran^^cd under tlic Parts and in the order following’:—
Preluniiiar// and Introdactory Fivcisions.—ss. 1 lo 4.

PAllT

I.— ComiJilssiouers fu r the llcdislrihulion of Seats entd the

Feriodicid ^ixljnstment o f Boundaries o f Flee to rat

Fistrlcts— 5 to 22.

PAllT II .— Qualifications o f Flectors—Freparation o f the First

Fleclond Bolls—ss. 23 to 32.

PAllT I I I .— Ficislon o f Flcctoral Flslricts—Flecloral Beglstrars ■

■— Beyistratioii o f Flectors—Flectors'’ Bights— Flcctoral Fists— Bccislon Courts aiul Fleclond Bolls—ss. 33 to 52.

PAlTf IV.— IFrils — Beturuhig O f leers— Qualifications and Nomi­ nations of Candidates — Bolting Blaces — Boll Clerks, yc .— General Brovisions fo r the Begulation o f Voting— Special Brovisions Begulating Vdting oidside Bivisiun and outside District— Voting hy hokters o f Beneiced or Subsiitided Blgld— Con­ duct of, and Proceedings at Flections—Bribery, Treating, lulimldaLlon, Ifc.—ss. 53 to 120.

PAllT V.— Committee o f Flections and Qualifications—Flection

BeCt lions—ss. 121 lo 140.

PAllT Y I.— Miscellaneous Bivrisions—BenulUcs, Sfc.—ss. 141 lo 151.

2. Erorn and aft('r the passing-of this Act the sections of the “ Electoral Act of 1880” nmnl^ered respectively six, seven, eight, and nine shall ho repealed, and no proclamation under the last of «£

such

134 No. 38. 56 ̂ VIC. 1893.

Parliamentary Electorates and Etections.

sucli repealed sections sliall hereafter he issued; l)ut tlic unropcalcd sections of the said Electoral Act and the “ Wentwortli Eh'ctorate Suh- division Act ” shall, subject to the enactments hereinafter contained, remain in force and he applicable to all Elections held between the date of the passing of this Act and the date fixed in the proclamation mentioned in the next following section, hut no longer. After the said last-mentioned date all unrepealed sections of the “ Electoral Act of 1880” and the “ Wentworth Electorate Subdivision Act” shall he repealed, hut without prejudicing or affecting the operation of, or any offence committed under, either of such Acts before such date.

ProLlamation	3. As soon as practicable after the first redistribution of Governor shall, l)v proclamation to he published in the Gazette, fix a date on which, the unrepealed sections of the “ Electoral Act of 1880 ” and the “ Wentworth Electorate? Subdivision Act ” shall stand repealed; and all Elections shall, after such date, he held for and in respect of the Electoral Districts, and of the Divisions of such Districts, as tlie same shall he constituted pursuant to the provisions of this jVet.
redistribution of	Electoral Districts under this Act shall have been completed, the
seals.
tonus.
Intcrpretiitiou of	4. In the construction of this Act, and of any Schedule thereto, or any Regulation made thereunder, the folloAving expressions within inverted commas shall hear the respective meanings hereby assigned to them, unless the context requires a different meaning, namely

consequent on

“ Assembly” means the LegislatRe Assembly of New South Wales; “ Authorised Agent” includes any person holding tlie A\ ritten

authority of any Candidate to act on liis behalf for the

Election then j)ending;

“ Bye-Election ” means any Election held for the return of a Member ]:>ursuant to any Writ not issued in respect of a General Election;

“ Check-Roll ” means a Roll containing, together with all other matters required to he contained on an Electoral Roll under this Act, the numbers of all Electors’ Rights for the District, and such other entries as may he prescribed ;

“ Constitution Act” means the Act coiitained in Schedule I to the

Imperial .Vci cigliteenth and nineteenth Victoria, cap. fifty­

' four;

“ Court of summary jurisdiction ” means a Stipendiary or Police Magistrate, having jurisdiction within the District, or at the place where the proceedings shall he taken;

“ Division ” means a Division of an Electoral District;

“ Election” means an Election of any Member or Members of

the Assembly;

“ Electoral District” or “ District” means a District for the

Election of a Member or Members to serve in the Assembly ;

“ Enrolled” means—named on the Electoral Roll in force and

applicable for the time being ;

“ General Election” means an Election held for the return of Members pursuant to "Writs issued hy the Governor upon the dissolution or expiry of the Assembly ;

“ Governor” means the Governor with the advice of tlic Executive

Council;

“ List ” means a List of Electors compiled, hut not revised or

perfected;

“ Marksman” means a person unable from any cause to write

his name ;

“ Member”

1893. 50'* VIC. ~No. 38. 135

Tarliamentary FAectorates and Flections.

'Member” means Mcml)er of the Assembly;

Minister ” means tbc iMinister of the Crown charged witli the

administration of this ^Vct;

Natnral-horn subject” means a male person l)orn in Ih 'r Majesty’s Dominions, as well as the son of a father or motlu'r so horn;

' Naturalised subject ” means a male person made' or hereaf'tc'r lo he made a denizen, or who has been, or shall hereafter he, naturalised in New South Maries, in accordance A\ith the Denization or Naturalisation Laws in force for the tinn ̂being ; Imt subject to tlie provisions of the “ Chinese llcstriction and llcgulation Act of 188S,” or any Act amending the same ;

ANescrihed ” means prescribed hy this Net, or hy any Schedule thereto, or hy any liegulation made thcreundc'r;

■

Registrar ” means an Electoral llegistrar appointed under the

authority of this Act as well as any Deputy appointed to

perform tem^rorarily the duties of, or aching as,snch Rc'gistrar;

‘ llcturning Officer ” inedudos any person lawfully authorised to

act for a Deturning Officer, or in his place;

‘llo ll” means a Doll of Electors entitled to vote at Elections under this A c t; and, for all purposes connected Avith such A'oting, includes any Supplementary Doll.

• Speaker” means the Speaker of the Assembly for the time being.

PADT I.

Commissioners fo r the Redistribution o f Seats, and the 'periodical

adjustment o f boundaries o f Flector<d, Districts.

5.                Within thirty days from the passing of this Act, and Ihcre-AiipoinCment of

after Avlien any distrihution of Electoral Districts shall hecoinc Avhom shall he cjualificd as an Elector in and for some Electoral District of N cav South M^ales, according to the law in force at the time of appointment, to he Comniissionc'rs for the purposes of this Part, and to he called “ the Electoral Districts Commissioners.” The persons so to be appointed shall he choscir hy the Governor from ])ersons then holding some office in the Public Service of N cav South A\"ales. And the names of the persons so appointed, and of all persons herc'aftcr appointed as such Commissioners, shall he ])uhlishcd in the Gazette.

necessary under the provisions of this Act, the Governor shall, hy Seats, &c.

(). The Office of a Commissioner shall he tenable for the ])eriod Duration of office, &c.

named in such Commission, and, if necessary, for such (‘xtended period to he named in a further Commission as the GoAV!rnor may deem ])i’oper for the completion of the distrihution in respect Avhereof such Jirst-mentioned Commission shall have heen issued.

7. The Commissioners shall appoint one of themseDes to he chainnau.

their Chairman as occasion may require.

8. The office of a Commissioner shall he vacated if for any A acatino office,

(iausc he ceases to hold office in the said Public. Service. Kesicnatum, .Ac.

1). The Commissioners may, subject to the provisions of Ibis Rules.

Act, make Dulcs for the conduct of their proceedings, Init no such Dule shall have any force until the same shall haAn been ajiproved hy the Governor.

136 38. 56̂ VIC. 1893.

parliamentary Electorates and Elections.

(>aoi'uin—casting	10.	At all meetings of the Commissioners two shall form a
Totc of Chairman.

quorum, and in the event of an equality oJ' votes the cliairmari shall

have a casting vote in addition to his original vote.

UiMiiiiiiiiicaiiuuj. qq_ ]y'y person Avho has heen adjudged hankru[)t or insolv'ent under the laws in force in ISew South Wales relating to bankruptcy or insolvency and Avho has not obtained a ccrtilicate of discJiargc or release of his estate under the said bankruptcy or insolvency, or who has been comicted of felony or misdemeanour, shall he apj>ointed a Commissioner under tliis Act. And if any Commissioner shall become hanlcrupt under any sucli laws, or sliall assign his estate for the hcnellt of his creditors, or shall he convicted of felony or misdemeanour, he shall thereby vacate his ollicc.

A iUK'ii'.l im.'u(s to lil. II' any Commissioner shall die or hecoim; ptn-iiianenlly

f i l l v a c a a o i c s .

incapable from illness of performing his duties, or shall resign his ollicc, or shall vaerde his office hy reason of any of tlie causes in the eleventh section of this Act mentioned, the Governor shall hy Com­ mission under the Great Seal a]ipoint a person eligible under the hfih

section of this Act as Commissioner in his stead. .

K i‘c,li>t rihi iliou of

I'ilrcloral	13. I t shall he the duty of the Connnissiom'rs, and they are for the ])urposes of this .let, within tliree months after the pass îng of this Act, and thereafter, witliin three months after the results of {‘very census of the population of Acw 8ouih W;des shall ha\c been ascertained and reported to tlic Colonial Secretary, which tiio Government Statistician is hereby reeprired to do as early as possible after such census shall have licen taken, and such distrihution shall take effect when approved hy resolution of the Legislative Assembly Avith or without anunidment, and upon proclamation of the names and l)()undaries of the Ef 'ctoral Districts in the Gazelle.
In C'.'niniis>-iotu'r^,	hereby directed, to distribute Aew South 'Wales into Electoral Districts
cVc.

. . I t . '['he ])i’(‘scril)ed notice of any projmsed alteration of an Electoral District shall h.e gdven hy the Commissioners in the Gazelle,

ultoral’ "

gi\ (’ll.	and iit some newspapi'r ];ul)lishcd or circulating" in such District, and objections in rwiting- mmy he lodged Avith the Commissioners ag;aiust such proposed alteration, to Avhich objections the Commissioners shall giA (‘ due consideration before coming to a liiial determination.
Tigpor̂ - {‘r
siotKTs to hr	In. The Commissioners shall ]'oport to the Covernor the nanu's and boundaries of the Electoral Districts determined hy them inuler any })rovision of this Ldtrt. \̂, copy of every such r(>port, tngcth.i‘r Avith a duly authenticated map of each Electoral District defined in such report, shall he presented hy the Governor to the Lt'gislativ'c Ass<‘inhly Avithin seven days from tlie receipt tliereof, if in session, and, if not, then Avithin seven days after tlie commencimient of the tlien next ensiling session.
yMvelaimrd, I'vtr.

lo after the date of the proclamation hereinhefore

oxiUfiR-o. in tills Part mentioned, the Electoral Districts, and the boundaries thereof resjioctiA'ely named and described therein, shall he the Electoral Districts of New South TVales for tlie purposes of all Elections from tlic day of the dissolution or expiration of the then existing Parliament until the puhlicatiou of the next proclamation of the names and boundaries of Electoral Districts shall take effect,

w Colonial Secretary shall fortlnvith, after each such

of Commissionci-?,	proclamation, causo to he deposited in the office of the Clerk of the
quot!i!r&".	Assembly a properly aiithouticatcd map of every Electoral District

’

named and described in such iiroclamation : ProA'ided that in addition

to such distributions as hcri-in prescrihed, the Commissioners may, at.

anytime in tiic fourth or liftli year after the taking of any census,

ii' the Electoral JEdi tlicn in force in any Electoral District shows an.

increase of, or reduction in, the prescribed quota, of not less than

tAventy-tiA'c per centum, exercise for any part of N cav South Wales

affected

1893. 5fr VIC. No. 38. 137

Furliamentaftj Fleciorates and Elections.

all'ecfed hy such increase or reduction, including sucli Electoral District, tlic like povrers, accompanied hy the like duties, as are conferred on them hy this Act on the taking of every sucli census as aforc.said. Evi'ry distrihution shall he made on the following basis, and he suliject to the provisions lua-einafter e.vpressi'd, that is to say,—

(i)  'I'lie total numlier ol' iMemhers to he idectcd to serve in liie Assi'uihly shall lie one hundred and twenty-livi'. The (juota of Electors for tlie ]mrposes of this Act shall he asci'rtaiiu'd in the following manner—Jhir the ]mrposes of the llrst dis- t-rihution, the i|Uota shall he ascertained hy dividing hy oiu' hundred and tweuty-iive the total nnmher of pc'rsons enrolh'd

O i l . th.e Electoral iiolls in force for the years 1S92-1 biKl,

which for the said purpo.->es only shall he subjected to the like jirocesses as an.' in the tlrst subsection of the twenty- seventh section of lids Act rc([uired for prc])aring the. tirst Eists under this Act, e.vcept that for the purposes aforesaid, it shall not lie necessary to make out List.s cd’ the luinu's ol' deceased or disqualified Electors; and the quota for ('vi-ry subsequent distrihution shall he asemdaint'd hy dividing hy oiK'hundred and tw enty-live the total number oi' Electors on the Rolls in force foi' the time-hr'ing.

(ii)  New South tl'ales sliall lie distiahuted into as many Electoral Districts, ('aeli to Is' r('|)rescn1 ('d hy oiû i\!enih('r only, as there an.' .Members assigned to the ALSsemhly hy this Act, and ('very such District shall have such au ai'ea that, at the time of mahing such distrihution, the number of persons enrolled therein shall, .subject to the margin of allow­ ance hereinaft('r contained, reach the ])resciihed quota.

(in) In making any such distrihution due consideration sliall he given to the then existing houndarics of Eh'ctoral Districts, to comnuuuty or divei'sity of inti'ri'st, lines of communica­ tion, and })liysical features.

(iv)  The ComniissioiK'rs, in assigning any sucli Electoral District, shall he entitled to adopt a margin of allowani't', to he used wheiu'ver necessary, hy way of addition to, or dediu'tion from, the nurnher of ])crsons ('urolled in such District to tlu' exti'ut of six hundred, wiu'iu'W'r the ajipan'ut (piotci falls short of or exceeds the prescrihed (prota : Provided that such (prota shall he in all casi's adlu'ri'd to as far as is jiracticahle, having regard to the considerations aforesaid, and that a statemi'iit of tlu' i-c'asons for any proposed margin of allowance hy way of addition, or deduction exci'i'ding two hundred shall he ajqiended to the I'l'port to he madi' in pursuance of section tlfteen of this Act.

18.               AVithin thiidy days from the publication in the EncuAc wiim andiiow Uotis

at any tim(> afti'r the ju'ar one thousand eight hundred and nim'ty-

Disl i*ict8.

three of the dirisions of Electoral Districts di'scrihed in si'ctiou thirty-three the llegistrar of each Ihci'toral District as then existing atfocted hy such proclamation, and ■wlu'ther hy way of incr('as(' or reduction of area or otlu-rwise, shall form a new Tllectoral lloll for every iK'wly-constituted District hy transferring to siu'l^ Roll tlu' names of all persons whose jilaces of residence, according to the Roll lastly in force within such Distiict, appear to fall within the area ])rescrihed for tlu' ncwly-consl itut<'d District; and such Ri'gistrar shall, within thirty days afti'r completing such transfer, notify the fact in the ])i'('scril)ed mamu'r lo each person whose name has so heen trans­ ferred,and hy such iiotilication shall riapiire him, w ithin twenty-one days from the date of such notification, to apply personally or hy writing, in

the

138 ISTo. 38. 56" VIC. 1893.

Tarlimnentary Electorates and Elections,

the prescrihed manner, for a nen' Elector’s Eight for the District of his new enrolment. And every person so applying shall produce personally or transmit (if the apjdication he in writing) his Elector’s Eight, which such Eegistrar shall cancel before giving or forwarding any new Elector’s Eight pursrmnt to tliis section. The Eegistrar shall in the preserihed manner gi ̂e or fonvard to every such applicant entitled thereto a new Elector’s Eight for the District of his ncAV enrolment.

Provision where nn

alteration of District	19. When' the boundaries of any Electoral District described in any jiroclamation under this Part after the year one thousand eight hundred and ninety-three are unaltered, the Electoral Ptoll in force for such District immediatdy prior to such proclamation shall be deemed to have been prepared as herein directed.
made.
Notice ofpreparatioii
of Rolls to be	20. "When such new Electoral Eolls shall have heen so prepared, the Colonial Secretary, who shall publish the fact in the Gazette; and from and after the day of the gazetting of such notice the Electoral lloll so formed for each such District shall he the Electoral Eoll for such District for all pur]roses.
gazetted by	every such Eegistrar as aforesaid shall forthwith give notice thereof to
Colonial Secretary.
Rolls, how to be
dealt with.	21. All such Eolls, Avhen completed, may 1k' dealt Avith for all purposes of this Act relating to the Eegistration of Electors,
Existing District
Rolls, &e., to contiii ue	22. All Eh'ctoral Districts existing, and all Electoral Eolls in force, at the time of any redistribution of Eleetoml Districts under this Act, aft('r the year one tlumsand eight hundred and ninety-three, shall continue, and remain in force, respectively, until the dissolution or expiration of tlu ̂ Parliament existing at the time when such redistribution is made.
until dissolution, &c.

PAET IT.

Qualifications o f Electors— Frejiaration o f the First Electoral Rolls.

Qualification of	23.	(i) Subject to the provisions of this Act, every male person,
Electors, disqualili-

cations, &c.	being a natural born subject, Avho shall have resided or had his ])rincipal place of abode in Ncav South AAales for a continuous ^ êriod of one year, and every naturalised subject Avho shall liaAn resided for one year Avithin N cav South "Wales after naturalisation, and who shall have resided, or had his principal place of abode in the Electoral District for Avhich he shall apply for an Elector’s Eight for a continuous period of three months immediately prior to the day on Avhich he shall make application for such Elector’s Eight, or any claim for the ])urpose of giving ('tfect to the tranehise to Avhich he is laAvfully entitled, shall, if not disqualified or incapacitated under this or any other Act, be qualified as an Elector under this Act.
(ii) Every person so qualified, bifing of the full age of twenty-one years, absolutely free, and not disqualifii'd by this or any other Act, Avho shall reside in any DiAusimr of a District shall, subject to tbc provisions of this Act, be entitled to have an Electors’ Eight issued to him for such. District, and to have his name inserted and retained on a List and Eoll for such Division.
(ill) Although qualified as hereinbefore in this section provided, every person Avho at tbc time of making out any list, or of the holding of any election for Ins district is in the NaAul or Military SerAuce on full pay, ]iot being in any Militia or Volunteer Corps only, or holds the office of Inspector-General or Superintendent of Police', or is a constable or other person belonging tothi’ constabulary force shall
be incapable of Anting. (i\ )

1893. 56̂ VIC. ISTo. 38. 139

JParliamentarij Mlectorates and Elections.

(iv) Altlioiii^li qiialifi(^d as hereinbefore in this section provichid, every person ’wlio, at the time of making out any List, or of the liolding of any Election, for his District, is of unsound mind, or in the receipt of aid from any public charitable institution, except as a patient under treatment for accidemt or disease at a hospital, or is in ])rison und(U' any conviction, or who lias been convicted of any crime or offence wherever committed, for which, if the same had been committed in N cav South Wales, he might liaA’e been laAAd'ully sentenced to dcatli or penal servitude, and has not received a free pardon therefor, or served the sentence passed on him, or who during six montlis preceding the sitting of the llcvision Court has heen imprisoned without the option of a fine for an aggregate period of tlirce months, or Avho Avithin one year prior to the sitting of the said llcA'ision Court has been convicted of bribery, intimidation, impc'rsona- tion, or any similar offence at any election, or Avho, during one year ])rior to the sitting of the said llcA'ision Court has been conAdeted oi’ iAeing an hahiUial drunkard, an idle and disorderly person, or incorrigible rogue, or a rogue and Augahond, or against Avdiom there is an iinsatisfii'd order of any Court for the maintenance of his A\dfe or children (Avhethcr legitimate or illegitimate), or A\dio has been convicted of having committed an aggravated assault upon his Avife Avithin one

year shall lx; incapable of Acting. •

21. NotAAdthstanding anything hereinbefore contained no Ecstriction on right

pi'rson shall he entitled to A'otc unless he to vote.

(i)   is the holder of an fdlcctor’s Eight for the District in Avhich lie claims to A'ote,—

(ii) is enrolled for such District,—

(ill) retains the qualification in respect of which such Elector’s Eight Avas issued to him, and—

(iv)  fulfils the conditions and requirements in respect of voting hereinafter prescribed.

Treparation of the First Electoral Molls.

25. ( i ) The provisions relating to the Collection of Electoral ProUsion for first

J/ists and the preparation of Electoral Eolls contained in the “ Electoral Act of 1880,” shall not he carried into operation for tlie purposes of tliat Act. All jirovisions of the said “ Electoral Act of 1880,” in so fiir as tiu'y can he; applied to the preparation of the first Electoral Eolls under this Act, and are not inconsistent Avdth tlic express proAdsions contained in this and the seven next folloAving sections, shall be so applied.

(ii) The first Electoral Eolls under this Act, hut no others, shall he prepared, revised, and completed, as hereinafter provided, and siudi Eolls shall be the General Ilolls under Avhich all Elections shall be held, until such Eolls shall be su]ierscdcd by other General Eolls to he prepared, revised, and completed pursuant to the provisions of this Act.

26. (i) Within sixty days from the date of the lirst proclaraa-Lists of Electors to be

lion of the names and houndarics of the Electoral Districts, the	Collectors
C’oloniai bocrctary snail cause Lists to no made out containing
tlie names, arranged in the jirescribed manner, of all persons avI i o ,
according to the Eoll in force at the time of the passing of this Act, appear to be enrolled as Electors in and for each Electoral District as constituted under the “ Electoral Act of 1880” and the “ WentAVorth Electorate SubdiAusion Act,” but shall omit therefrom the names of all persons appearing to be qualified otberAvisc than hy residence AAdthin such District. And, Avithin the like period, he sliall causi' to he made out, in like manner, by an officer to be appointed by him, from the Eegisters of Deaths, a List, for every sucli Electoral District, of the names of persons enrolled therein Avbo

appear

140 K o. 38. 56'̂ YiO. 1893.

l?arl'uh)ientarii Elcctorales and Idlecftons.

appear to have died; and also a List for every sucli District of tlio names of all persons enrolled therein nho ap])cnr to he disipialilu'd as Electors liy re'nson of any disahility in accordance with the law in force at the time of making out such List, to he termed respectively tl'o “ List of Deceased Electors” and the “ List of Disqualitu'd Electors.”

( i i ) Erom such Lists, which shall he cheeked hy comjiarison

with the said Lists of Deceased, and Disqualitit'd Electors, I'ro- A'isional Lists shall, hy the prescriiied persons and in the prescrihed manner, he made out for every District and Division thereof as constituted under this Act, hy transferring to (u ery such List the name of every yu'rson who ap[>ears to he quaiilied as an Elector, hy virtue of residence, for any such District or Division, together with his place of residence as appearing hy such jirst-mcmtioned Lists, in such a manner that his name shall he entered on the List for that Division in which his place of residence appears to he situated. .

(ill) The Courts of Petty Sessions h.olden within each Electoral District constituted pursuant to this Act, or such and so many as the Colonial Secretary may think sufficient, shall, within sixty days from the date- of such lirst proclamation as aforesaid, appoint Collectors to compile Collectors’ Lists in the prescriiied manner for the several Divisions of such Districts allotted to them, of the names of all persons rvho ap[)('ar to he entitled to have their jiames enrolled. If any such Court fails to ap])oint a Collector within the time hereby appointed, the Colonial Secretary shall forthwith proceed to ajipoint such Collector.

(iv) Every Collector shall, hei'ore he enters on the duties of his office, make the ju'csc-rihcd declaration hefore some Justice of the Peace, and shall he subject to the prescrihed control.

Lists, \v]kmi to Ix'

niHclo out !>y CuUuc-	27. (i) On or before the prescriiied day in the year one thousand eight hundred and ninety-three, every Collector shall, in the prcscrih('d manner, make out a List of the names of all persons resident within the Division or Divisions assigni'd to him who appi'ar to him qnalihed to he enrolled.
tO’/s, &c.

( i i ) In the performance of his duties, every Collector shall

have power and is hereby reijuired, whenever necessary, to demand such information from the Ih'gistrar-General or any llegistrar of Births, Deaths, and IMarriagcs, Alemher of the Police Eorce, or otlier person in the Public Service, and any Town or Council Clerk, or other officer of any jMunicipal Council as may enable him to identil'y any person, or to ascertain the residence of any person, or to ascertain ivhether any person is dead or has left his District, or is under any disahility, or is quaiilied or disqualillcd as an Elector. And any jierson who, on being required hy any Collector to give any such information docs not give all information in his ]>ower, shall incur a penalty, recoverable before any Court ol‘ summary jurisdiction, not exceeding twenty pounds.

Collectors to forward

Lists to prosrriliod 28. (i) Every such Collector shall, hefore the prescrihed day,

otKecr, who will	in the year one thousand eight hundred and ninety-three, forward
copy, &c., to
forwiircl ccrtihod	to the prescrihi'd officer a certifu'd copy of the Collector’s List, together
Registrar.	Avith the Original, so made out hy him, and such officer, after comparing the said copy and Original with the List of persons apparently dead, and making and initialing such corrections as may he necessary in sucli copy, sliall mark tin; name of every person in such copy vdio appears to have died, or to he disqualified, with the ivord “ Dead” or “ Disqualified,” as the case may be, and sliall certify the copy so marked, and forward ei'ery copy so marked and certified to the Govern­ ment Printer, to he printed hy him in the form of a General List for the District, Avith the Divisions arranged thereunder in the prescribed manner, and such General List shall he fonvarded to the Ptcgistrar of the proper District. (ii)

.18 9 ‘'3. m ' VIC. IVo. 88. Ml

(ii) Sadi Coih'dor s’kiII rortliwitli, liy registered letter

])Ost lo tlie eaulress, as apjiearing by the Electoral lloll of the

District or otherwise, of ('very person against w hose name the word

Dead” or “ Disiiiialilied” shall have been so placed, au intimation

that s;u‘h naiiu' will be omiltcd from the Electoral Eoll, unless it

shall hi' sIkavu to the srdisfaclion of the llcvision Court that tlu' Aiord

l)('ad” or “ l)is(iuali(i('d” lias been placed against such name in

error.

(iTi) Each Eegistrar, upon receijit of a List so finally

printed, shall sign and transmit the same to the Clerk of the Eevisiou Const lor the, Divi'don oi' tiie District to which it relates hefore or on tlu' ])reseiibcd day, in ilie yi'ar one thousand eight hundred and niiu'ly-threi', and such hist shall then'upon hecome, and h(' deemed lo 1)(( tlie (h'noral List within tlu' meaning and for all pnrposi's of tlie ('iiaeinu'Tits h('i'('inafter conlaini'd I'l'lating to llcvision Courts and Electoral Eolls, so far as such ('uaetnumts can he applied. Tlu' lawision of all such Lists shallt.aki'place'andlu' comjiictcd Ixtorc the jiresci'ilx'd day, in the. year oiu' thousand ('ight hundrt'd and nim-ty-1 hree.

:h). (j) Ev('ry jier.son whose name has lu'cn oniitted from any EcviUfn nr

such List, or Avhosc' nanu' is juarlu'd therein with the word ‘‘ Dc'ad” or “ Discpialilied,” hut who claims to he entitled to have his name inserted theri'in, or to liave such word expunged therefrom, may, or any duly (jualilied Elector of the District to Avhich such List relates, may I'or him, hefore or on tlu' ])r('scrihed day, in tlu' year one thousand eight hundred and niiu'ty-tl'.ree, Transmit awrittc'u claim hy post,hy registi'n'd h'lt('r, in the preseri'ix'd form and maniu'r, to the Clerk of the Eevisiou Court for the Division in respi'ct of w hich he claims.

(ll) Every person whose name is insi'rted in any such List Avlu) ohji'cts to the nanu' of any other pc'rson heing retained tlnwein, on the ground tliat such ])erson is not qualified as an Elector under this Act. may transmit a nolice of his ohji'ction in the prescrihed form and mannei- to such Clerk for The Division to which such List relates.

(iit) Eiihlic notic('s of such claims and ohjections shall he exhihited at the places, and for the pei'iods prescrihed ; and tlu'renpon such claims and ohp'ctions shall he heard, and determined hy the jirops'r Eevisiou Court as nearly as jiossiblc in accordance with the ])rovisions of this Act which regulate procedure hefore Eevisiou Courts. And tlu' sa.id Court shall expunge from every such List the nanu's

of ev('ry p<'rson theri'in marked Avith the Avord “ Dead” or “ Disqualified,”

unh'ss it shall he made to appear to such Court that the person Avhose name is so marked is not “ Dead,” or “ Dis()ualified,” as the case may lu'.

(tv) All such Lists, Avhen sig-ned and certified hy tiu' ^Magistrate' of the Eevisioir Court, shall he (h'livered fortliAvith to the. Eti'gistrar of the District to Avhich they relate, Avho shall thereupon deal Avith them, as far as possihlc, in manner provided hy the fiftieth section of this A ct; and such Lists, Avhen copied and printed in the form of a lloll for such District, and Avith the Divisions arranged theri'under, as lu'rcinlu'foi'o mentioned, shall h(' the Eirst Cenei'al Eoll for sneli District; and uiuh'r such Eoll all Elections shall he held until the same shall he superseded hy another Eoll to h(' made out as hereinafter provided; and such Ei'gistrar shall, on or hefori' th.c prescrihed day in tlu' y<'ar oiu' thousand eight hundred and ninc'ty- thri'c. sign and transmit the said Eoll to tin' Eeturning Officer for the District, and in all otlu'r res]iects comjily Avith the provisions of the said fiftieth section, so far as tin' same refi'rs to Ceneral Eolls.

do. (i) DeiAveen such davs as shall he prescrihed, in the vear Kii'c-ioi-ni inpiu to

one thousand eight hundred and nim'ty-three, the Colonial Secretary sliall cause an Elector's Eigiit to he di'livered personally or transmitted

hy

142 N o . 38. 56° V IC . 1893.

'Parliamentary Electorates and Elections.

by registered letter to every person at his last known residence witliin the District in respect of which he appears to be quaiilied as an Elector. And for that purpose every Eegistrar sliall, on or before a day to be appointed by the Governor, transmit to some officer or person, to be named by the Governor, so many certified copies of such General Eoll as may be reqnired or be prescribed.

( i i ) Every such Elector’s Eight shall expire on the thirty-

first day of December, in the year one thousand eight hundred and ninety-six, and every such Eight shall be printed, numbered, and stamped in accordance with, and in all other respects shall follow, the reqnirements of Part I I I of this Act so far as it relates to Elector’s Eights, except in the following particulars :—

(ffl)	No questions or answers shall lie printed or written on the butt.
(b)	I t shall be stated on every such Elector’s Eight that the same will expire on the thirty-first day of December, in the year one thousand eight hundred and ninety-six.

(ill) To every such Elector’s Eight there shall also be attached a numbered Eeccijit Slip in the prescrihed form, which shall he signed by the person entitled to the same, or be marked with his distinguishing mark if he be a marksman, such mark being al'terwards authenticated in the prescribed manner by the Postmaster or other person authorised to deliver the said Eight.

(iv)   The Postmaster or other authorised person shall detach

all such Eeceipt Slips from the Elector’s Eights when such Slips have been signed or filled up as hereinbefore mentioned, and shall transmit the same to the Eegistrar of the District to which they relate, who shall retain the same in his custody for the prescriiied time.

Provision where no	31. Any person whose name is entered on a General Eoll Avho shall appear before and satisfy the Eegistrar of the District to Avhich such Eoll relates at any time betAA'een the prescribed days, in the year one thousand eight hundred and ninety-three, that he has received no Elector’s Eight before such last-mentioned date, and shall make the prescribed statutory declaration, shall be entitled to receive from such Eegistrar a Duplicate Elector’s Eight bearing the same number as the Elector’s Eight Avhich should have heen received by such person, and the provisions hereinbefore contained in respect to marksmen shall be applicable to any person applying for such Elector’s Eight.
received.
of a supplementary

Electoral Right

Special regulations 32. (i) In order to give due eifect to the meaning and intent

kind may be made,	of the provisions contained in this Part, the Gov'ernor may, by
&c.	regulations, provide for any proceeding, matter, or thing for Avliich express proAusion has not been iierein made, or Avherc any alteration of any of the Eorms contained in the Schedules to this Act may be found necessary, or Aihere it shall lie found that tlie time alloAved to do any act is clearly insufficient, and an alteration or extension of such time, and any alteration of dates consequent thereon shall be shoAvn to be necessary, he may declare either by regulation or notification in the
Gazette that such alteration shall be made, and thereupon the same
shall be made and take etfect accordingly : ProAuded that no alteration of time shall be made Avhich shall delay the completion of the Eolls

J'J j,'ic. L V)' beyond months from the date of the passing of this Act.

Duration of

preceding seven (^i) ^helenactmelits -epntamed inqthe seven ll^st prqceffing

sections.

sections of this Adt shl^ h ^ e i|j^6parffiioiT[jifter^fic cwTr^tioiiNTf

the first Ekrctoral Eolls therein providMfor.

^ kJLLprifi til ^ b'jfcc J

PAET

1893. 56" VIC. N o. 38. 143

FarUdmoilary Electorates and Elections.

PART III .

E/rlsion o f Electoral Elstrlcts— Electoral Eeylslrars— Eeylstratlon o f Eleclors—Electors' lilf/l/ts—Electoral Jdsls—llerlslon, Courts and Electoral liolls.

3.‘5. Witliin sixty (lays ai'tci- sucli fivst proclamation (letorminiiu>' uivision of Eiociorai

the names and lioundarics of Electoral l)istricts as licrcinheforc mcntionc'd, and Avithin the like ])criod after each suhsequent jiroclama- tion under thii provisions of Part I of this Act, the (lovernor shall cause every Electoral District, the houndaries of Avhich shall have heen determined hy such proclamation, to be subdivided into so many DiA'isions, each to he desiqnati'd hy such name, as he shall detcrmiiu'; and, iqion such suhdiAnsion being' coiujilcted, the same shall he published in the Gazette so that the boundaries of every such Division shall he therein delined. And the Govi'rnor may in like manner abolish, alter, rename, or rearrange any such Division, and may estahlish any new Division.

31. The G overnor shall appoint an Electoral Registrar for Kiectovni Eegistrars

('ach District, and such Deputy Registrars to act for tin* several Divisions of such District, anil such otlier ollicers as may he necessary,

Avho sliall he rernum'rati'd as Parliament shall provide.

3o. ([) The Colonial Secretary shall cause certificates to he ('lentors’Eights—

])rinted, in red ink, upon ])aper specialty jiriqian'd to prevent fraudu-

h'nt imitations, Avith hutts as s’'o\vn in the form of Schedule A hereto ; Sriieduio A.

and he shall, from time to time, cause a suffLcient nnmher of such

certificates to he numhered, each Avith a dilferent nnmher, and in

regularly-ascending arithmetical progression, commencing Avith nnmher

one, ami resuming such numbering and progression upon each succes­

sive numlK'ring of certilicates from the number then last impimsseil

on any certificate ; and every number shall he printed or stamjE'd

in black ink in the body, and also in the butt, of each certificate.

Such certilicates shall, A vlicn issued, he termed “ Electors’ Rights.”

(ii) The Colonial Secretary shall cause the certificates so printed and numhered to he hound together in hooks each containing not less than fifty, and shall cause a sufficient nnmher of unnumhered certificates to he hound together in separate hooks containing the like quantity, and shall cause to be transmitted to each Registrar so many hooks of numhered and uniAumhered certificates as may he required hy such Registrar for the purposes of this Act.

:U). (i) Any person (hereinafter termed “ Applicant”), avIio, EireWs Eigiio—

after the expiration of six months from the passing of this Act, shall apply in person for an Elector’s Right to the Registrar of any Division, and Avho shall estahlish his qualification as hei'chy prescrihed, and shall, in the presence of the Registrar, sign his name in a hook to be kept for the purjiose, and also on the butt and face of’ the Elector’s Right to he issued to him, shall he entitled to receive from the P»egistrar a numbered certificate, in the form of Scheduh' A hereto, and the Registrar shall, at the time of issuing the same, enter in the butt thereof the prescribed particulars.

(ii) If the applicant is a inarksmau, the Registrar, instead of requiring him to sign his name, shall require him to make his distinguishing mark, and sluill then and there sign his name as a Avituess.

(u i) The Registrar, before issuing any such Elector’s Right, (.'ueoions before

shall put to the applicant so applying the following questions :—

(1) lEhat are your Christian names, smotame, residence {^mcludimy the slreel, and the nnmher or name {if any) o f the house in ■lohlch he resides), ami occupation 'f

(2)

144 No. 38. VIC. 1898.

TarViaiiientarii UlcGtoratcs and EleGiions.

(2) Arc ifon o f the fa ll afjc o f tirentn-onc [/cars /

(o) Arc lion a natural horn or a natnraluscd suhjcct, and irhich ? (4) ( / / ’« natural-horn suhjeci) Mare you resided or had your prin-

ci])(d place o f abode in 'New South IFales fo r a continuous period o f one year immediately prior to the date o f your application fo r an Elector's Eiyht /

[ I f a- naturalised suhjcct) Mare you resided or had your pj-incipat ptace o f altode in New South Wutes fo r a continuous period o f one year since your naturalisation, and imiuediately jtrior to the d(de o f your application fo r an Elector's Eiyhl.

(5) Marc you resided or had your principal place o f ahode in this Electoral District fo r a continuous jteriod o f three months innnediatety prior to this dale

(0) Marc you. hefore receired an Elector's lliyht in any Dirision

o f any District in Neio South lEalcs / \and i f the ansircr he

i)} what Dirision and District ?

(7) Do you now reside in the Dirision J'or trhich you aj)ply ?

On 'wh((t premises do you reside '

Such questions shall be printed upon the 1,'ack of the butt of every such Certificate,

(iv)   After such questions have been ansuered hy tlic ap])li-

cant, and hefore an Elector’s Eight is issued to him, the Eegistrar shall ■write the ansrvers of such applicant u]ion the hack of the hutt of the Elector's Eight about to he issued to the applicant opjiosito the questions to 'udiieh such ans'U'ers respectively relate, and such a]ipli- cant shall sign his name or, if a marksman, make his distinguishing mark thendo, ■when such questions, and his ansrvers, havi' been road hy or to him, and the Eegistrar shall sign his name as a ■witness.

(\') Such Avritten ansAvers above the signature or dis­ tinguishing mark (as the case may he) of any a]iplicant to Avhom an Elector’s Eight has heen issued shall ha primd facie evidence that the same aa'ci'c the ansAA'ers made to such quc'stions hy such apjilicaut pursuant to this section.

(vi) If any applicant knoAvingly makes a false ansAver to any snch question he shall he deemed guilty of perjury, and, on conviction, may he pnnished accordingly ; the Elector’s Eight issued to such applicant may he cancelled by the Ptevision Court.

(vii) Before any such applicant answers any such question

the Eegistrar shall first AA'arn him of the punishment to Avhieh a persoir

is liable Avho shall knoAvingly make any false ansAver thereto.

Further eondiiioii

and ))rovisions art lo o7. Except as provided hy this ..Act, an Elector’s Eight shall

issue ol' liiidils.

not 1)0 issued to any person to Avhom an Elector’s Eight shall have

pi’eAuously heen issued.

T^sue of No\y E ight

on rhango of

38 (i) If the holder of an Elector’s Eight, shall have changed his place of residence from the District for which he is enrolled to some other District, and shall desire to obtain an Elector’s Eight for such last-mentioned District, he shall apply to the Eegistrar of such District, and upon delreering up the Elector’s Eight hedd hy him to such Eegistrar, and satisfying snch Registrar that he ])0sscsses a qualification to he enrolled for such District as an Elector thereof such as, hut for the possession hy him of such Elector’s PLight, as aforesaid, Avould entitle him to the Elector’s Eight for AAdricdi lu) applies, such Eegistrar shall put to the applicant the questions following, in addition to the questions specified in the next preceding section :—

residcnee,

Was the Elector's Right now produced issued to yon f

Mare you censed to reside in the District fo r irhich the Elector's

Right now produced teas issued to you ?

Mare

1893. 56 VIC. m. 38. 145

parliamentary Plectorales and Elections.

Jlarc you resided or had your priueiyal 'place o f ahode continuously

fo r the tast three months in this district T \

(n) ir tlic ans •el■s to such ([uostions sliall he in the affirnia-

1iv(', the llegistrar shall issue to sucli applicant the Elector’s Eight tor

which he applies, and shall thereupon cancel the Elector’s Eight so

delivered up to him, and fonvard the same to the Eegistrar ot the

District ot his original enrolment, who shall forthwith write against	.
the name ot the holder ot such Eight in the Eoll of such District and also across the hutt ot such Eight the words “ Cancelled, Eight issued J'or anotluu' District.”

(ill)    If any applicant shall knowingly make a false answer to

any such ipiestion he shall, upon comdetion hefore any Court of summary jurisdiction, he liable to he imprisoned tor any term not exceeding six months.

39. (t) I t an Elector’s Eight issued under the authority of this rmvisiori for issue of Act shall ha\'e heen lost, or Ije so torn or defaced as to he illegible in then oripTiliif if lost any essential part thereof, the person to whom such Eight was issued ordefneed.

may if still qualified according to the tenor or purport thereof, apply for and obtain in lieu ot such Eight, a Suhstituted Elector’s Eight of the like tenor ; or (although ]iot so quaiilied as aforesaid) may obtain, in lieu of .such lost, torn, or defaced Eight, a Suhstituted Elector's Eight ot the like purport, which shall housed oidy for the pur))ose ol' enabling the holder thereof to obtain an Elector’s Eight on change ot residence under the last preceding section.

(n) The Eegistrar of the District tor wiiich such lost, torn, or defaced Eight Avas issued, shall issue to such apjilicant a. Sub­ stituted Elector’s Eight, only Avhen the title of such a])plicaut to such Suhstituted Eight shall, hy his answers to the questions here­ inafter required, or hy the production hy such Eegistrar of the hutt ot such lost, torn, or defaced Eight, liaAm beefi established ; and such a])]dicant shall sign his naung or,if a marksman,make his distinguishing mark in the presence of such Eegistrar in a hook to he kc])t hy him for that purpose, as well as in the body and hutt of tlu^ Eight to he issued to such applicant and hefore such issue ; and deliver to such Eegistrar (if such Eight he only torn or defaced) the said Eight or the remnant thereof ; hut such Eegistrar shall not issue such Suhstituted Elector’s Eight to such ap])licant until he shall have ascertained the number and date of the Eight so lost, torn, or defaced, and have entered the sa}ne iiumlun' and date in the I)ody and hutt of an unnumheixul certificate. Sulqect to tlu; aforesaid provisions, the Eegistrar sliall till up, sign, and issue to such ap|)licant the Suhstituted Elector’s Eight applied for, in likr; manner and form as in the case of an Original Elector’s Eight.

(in) The Eegistrar, Avlu're the apjilicant for a Suhstituted Eight is still quaiilied to vote according to the temor of the Original Eight, shall Avrite across the faci; of such Suhstituted Eight and across the hutt thereof the Avoi’d “ Suhstituted” ; or (where sucli applicant is not still qualified to Ante according to the tenor of the Original Eight) shall Avritc across the face of such Suhstituti'd Eight and across the hutt thereof the Ai ords “ Substituted for transfer or renewal ” (as the case may he).

(iv) Before issuing such Suhstituted Elector’s Eight, the Pi-ovisinna fiir _

Ei'gistrar shall put to the applicant the questions hereinhefore required	Electors
to he put to an applicant for an Original Elector’s Eight and the
folloAving additional questions, namely :—

(Ij [ IPliere the Elector s Right is stated to liave been lost.^ Have

you made diligent search for your Original Elector's Right, and

do you honestly believe that the same is irrecoverably lost ?

K (2)

146 N o. 38. 56° VIC. 1893.

Farlianientary Electorates and Elections.

(2) \_Where the Elector s Eight is stated to he defaced or torn?\ Is the Elector s Eight note delivered np hg gon govr Original Elector’s Eight, or a remnant thereof ?

(3) Are you the person named [A. i?.] o f and

described as in the hutt now shown to gon, and is the signature appearing thereon gour signature, or the distinguishing mark appearing thereon your distinguishing mark (as the case mag he).

(v) Any applicant n lio shall knowingly make a false answer to any such qm'stion shall, upon conviction hei'ore any Court of summary jurisdiction he lial)le to he imprisoned for any period not exceeding six montlis.

(vi) If, in any case, the Registrar, after having compared the name appearing on the Elector’s Right so delivered up with the name to he signed, or the distinguishing mark to he made in case of a marksman, hy sucli a]>plicant in the said hook or hutt, shall he of opinion that they are not in the same handwriting, or not similar in each case, he shall not issue the suhstituted Elector’s Right ajiplied for, unless a Stipendiary or Police Magistrate, upon comjilaiut of the ap]rlicant, and proof liy the applicant that he is entitled to the issue of such Right, shall direct the Registrar to issue 'such Right, which, upon such direction, shall he issued hy him accordingly.

( v i i )    E^pon the issue of any such suhstituted Elector’s Right

the Registrar shall forthwith write against the name of the holder of such Right in the Roll of his District the words “ new Certificate issued,” and cancel the hutt of the original Elector’s Right corres­ ponding in number with the number of the Suhstituted Right hy WTiting across the same the words “ Xew Ccrtificati' issued,” and shall affix thereto his signature and the date of such cancellation.

Electors’Rights to be	40. All Electors’ Rights to he issued after the expiration of six months from the passing of this Act, and hefore the thirty-first day of December, one thousand eight hundred and ninety-six, shall expire on the last named date. And all Electors’ Rights to he issued after the said last named date shall continue and remain in force subject to the following conditions and provisions :—In the year one thousand eight hundred and ninety-nine, and in each third year theri'after, the Registrar shall cause to be made out for each Division of his District, at the time and in the manner prescribed, a General List, not from any General or Supplementary Roll, hut from the hutts of Electors’ Rights issued for such Division to persons who shall then he entitled to vote for such District; And the Registrar shall, after the General List has been made out, transmit within the preserihed time and in the pre­ scribed form and manner to each holder of an lilector’s Right for his Division the prescrihed form of statutory declaration, together with a notice informing him that his Elector’s Riglit must he presented to lie stamped on or hefore the date named in such notice', being the same date for all such notices, and that he may have tlie same stamped either hy personal or written application ; and in the event of ])orsonal application being made for such stamping, the enactments of sub­ sections one, two, and three of this section shall a]>ply.
in force for three
years,

(i)  Every holder of an Elector’s Right issued after the said thirty-tirst day of Decemhi'r, one thousand eight hundred and nin('ty-six, shall, on or hefore the end of each third year of the currency of such Rigid, tender to the Registrar of his Division his Elector’s Right, and such Registrar, if satistied in the jireseribed manner and subject to tlic prescrihed conditions, that the jicrsou tendering such Right is the lawful holder tlu'reof shall, with the ])reserihed

stain]).

1893. 56̂ VIC. N o. 38. 147

Varllamoilavij 1̂ 1 ecAorates and Elections.

stamp, mark on such tlie date of tlie termination of the then current thro('-yoar period, together ivith the ivords “ good for three years from tliis date,” and also mark thereon the date ivlien such llight ivas so tendered.

(ij) Idle provisions of this Act relating to the questions to he put hy the llegistrar before' issuing an Elector’s llight shall, so far as relates to snch issue, apply to Electors’ Eights stamped under this section.

(in) Eofore stani])ing any su(*h Elector’s llight, the Eegistrar shall, in addition to any other questions, iiut the following questions to the ]Kn-son applying for such stamping :—

[a) Are you the pe'rson lawfully entitled to the Elector’s Eight

now tendered hy you ?

[b) Have you now the same' (|ualitication in respect of ivliich

that Eight was issuc'd to yon ? ■

And any person who shall wilfully make a false ansAver to cither of such questions, or to any otlu'r question Avhicli such Eegistrar is hereby authorised to put to him, shall I k ; deemed guilty of perjury, and may he pnnished accordingly.

(iv)  Any holder of an Elector’s Eight as aforesaid making Avritten application may have his Elector’s Eight stamped in like manner, il' A\ith his Avritten application he shall have; transmitted the Elector’s Eight then held hy him, AA'ith a statutoiy (h'claration in the prescrihed form to the eifect that he is the person laAvfully entitled to the Elector’s Eight so transmitted, and has then the qualification in respect of avIua-Ii that Eight Avas issued to him. And any person Avho shall Avilfully make a false statement in such declaration shall he deemed guilty and punishable as in sub­ section three of this section provided.

(v)  Every Elector’s Eight so stamped shall entitle the holder to vote at all Elections for the District of his residence up to the end of the three-year period specified on each successive stamping thereof.

(vi) The Eegistrar shall stamp the hutts of all Electors’ Eights Avith the same Avords and figures as he shall liaA'e stani])ed upon the Electors’ Etights, and shall in like manner mark tlic General List and the Eoll.

NotAvithstanding anything in this section contained, the proAusions of section thirty-six hereof shall he applicable to the holder of an Elector’s Eight, Avho has not complied with the provisions of this section, provided such holder sliall liaA’C dclAered up the Elector’s Eight then held hy him, to he cancelled hy the Eegistrar, Avho upon sucli delivery up and cancellation may issue to such holder an Elector’s Eight as therein mentioned.

41.                (i) Every Eegistrar shall, in the year one thousand eight Hesistravs to niake

hundred and ninety-three, at the time and in manner prescrihed, make

out, for his Division, and shall sign a General List of all persons aa ho of nieetors.

shall, hy the hutts of Electors’ Eights in the possession of such Eegistrar, appear to havi' taken out or had issued to them Electoral Eights jiui’suaut to Part I I of this Act.

(ii) Every Eegistrar shall, during the Aveek ending on the

first day of .^Vugust in every v('ar, aft('r the year one thousand eight hundred and ninety-three, make out, according to the Eorm in Schedule E hereto, for his Division, and shall sign, a General List arranged in the prescribed alphabetical order of the surnames of all persons avIiosc names shall then he upon any Eh'ctoral Eoll in force hereunder for such DiA'ision, and of all persons aa’Iio shall, hy the butts of Electors’ Eights in the possession of such Eegistrar, appear to have taken out Electors’

Ei gbits

148 N o. 38. 56“ VIC. 1893.

JParVuDuentarn Electorates and Elections.

Eights for such Division, and have not hoeii since the issiu' of sucli E-ights included in any (hnieral List or lloll. or any such ISupph'- lueutary List or Eoll as heri'inat'ter mentioned for such Division ; and the llegistrar sliall, in malving out such List, state therein from the said Eolls and butts respectively the prescrihed pai’ticulars.

(in') Every E.egistrar shall, during the iveek ending on the first day of January in each year after the yc'ar one thousand eight hundred and ninety-three, make out, according to the form in tin' said Schedule E, and shall sign a Supplementary List arranged in the pri'- scrihed alphahetieal order of the surnames of all persons to uhom, according to the hutts in the possession of such llegistrar, Electors’ Eights have heen issued ivhieh are still in forci' for the Division for Avhich he is llegistrar and Avhich have not heen since tlu' issue of such rights included in any General List for such Division; and shall enter in every such List from the said hutts the jireserihed particulars.

Printed co])ic.s of	42. (i) Every llegistrar after making out any such Gi'iu'ral or
General and

Supplementary Lists	Supplementary List for a Division shall forthwith cause copii ŝ of tlu*
lo be sent lo Clerks	sami' to he printed hy the Government Erinter; and shall hefore, or
of Revision Courts
and advertised.	on, the pri'scrihi'd day, in tlu* year one thousand I'ight hundri'd and nincty-threi', and hefore the fifth day of Sejitemhcr in I'ach yi-ar there­ after, sign and transmit tivo copies of tlu‘ Gimeral List for that year to the Clerk of the Eevisiou Court for that Division, and one co])y io the person in charge of each post office Avithin the Division, avI io shall cause the same to he exhibited in some conspicuous position Avithin or outside of such office ; and shall, on or hefore the fifth day of Eehruary then next ensuing, sign and transmit to the said Clerk tivo copii's of the Supplementary List then awaiting revision, and one copy to tlu‘ person in charge of each post office' Avithin the Division to be similarly exhihited.
(ii) Such Eegistrar shall notify, hy two advertisements in some ncAvs îaiier published or circulating in the Division, that a co îy of every such printed List is in his custody and o]ien to inspection, and that a copy thereof may he inspected at any post office Avithin the Dh'ision, Avithout fee, at all reasonable hours during the day-timi'until the day before the holding of the Ptevision Court, and he shall also deliver a printed copy of every such List hefore the revision thereof to any person reipiiring the same, on payment for each copy of the pre­ scribed sum.
reiiister temporary

Registrar may 43. The llegistrar shall he empoAveri'd to register the ti'inporary

address of voter	address of any voter Avho may temporarily leave the District for which
leaving district.	he holds an Elector's Eight, AA'ith a view to foi-Avarding to liiin at such temporary address any objection that may hi' laAvfully ('ntei'ed against his vote.
Objections to names	44. (i) Any person may object to the name of any otlu'r jierson heing retained on any List if, hefore or on the pri'scrihed day, in the year one thousand eight hundred and ninety-three, and thereafter hefore or on the tAventieth day of September (Avhere the name objected to apiiears on a General List), and hefore or on the tAA cntieth day of Eehruary (Avhere the name objected to appears on a Supplementary List) such person shall sign and deliA'er, or cause to he delivered to the Eegistrar for tlie Division and also to the person objected to, notice of such objection in the form of Schedule C hereto, stating therein the grounds of Ins objection.
on List.
(i i ) Every such notice of ohjeetion shall he laAvfully givi'u if the same he sent prepaid by post, addressed to the place of ahodi* of the person to whom the same shall hi' directed, as described in such L ist; and A vlien any person shall di'sire to si'nd any sucli notii'i' hy post, he shall di'liver, or cause to he deliA'ered, the same', duly directed, open, and in duplicate, to the postmaster of any post ofiice,

w il liiii

1893. 5(V’ VIC. No, 3S. 149

I'ar]huueiila)‘i/ JLlvcloi'alcs and Hlpcdlons.

Avitliin such hours as sliall have hcon pri-viously notified at sucli ])ost ofiice, and under such regulations Avith respect to the registra­

tion of such letters, and the tee to ho paid therefor [avIucIi fee shall

in no case cxeei'd tA\'0])ence over and ahove the ordinary rate of postage'] as shall from iimi' to time he made hy the Postmaster-General in that Ix'half.

(m) Every nofici' of ohjeetion given or sent to such

llegistrar shall, a\ hether delivered or posted, he accompanied Avith the fee of one shilling, Avhich shall h(' payahle ('ither in money or in stamps, at the ojition of the objector.

(iv) Jn all cases in AA'hich .such fee shall liaA'e been duly

paid, tlu' postmaster shall compare the said notice and dujilicate, ami,

oil heing satisfied that they are alike in their address and their contents,

shall seal or secure and forAvard one of them to its address hy the post, and shall return the other to the person bringing the same, stampcxl Avith tlie stam]) of the said post ofiice ; and the production hy the ]ierson avIio posted such notice of such stamped duplicate shall he evidi'iux; of tlu' notice having hei'ii givc'ii to tlu' pi'rson at the phu'i; mentimu'd in such duplicate on the day Avhich siu'li notice Avould in the ordinary course of post have been dcliA ĉrcd.

(v) After the respective dates aforesaid, the llegistrar shall make out in the prescrihed manner, for each Dhusion of his District, a List of the names of all persons objected to, ai'cording to the form in Sch('dule D lu'reto ; and shall fortliAiuth sign a copy of ('ach such Jvist, and transmit the same to the clerk of the Eevisiou Court for the Division, and shall also fortliAvith publish such List tAvicc at h'ast, and if time permits four tinu's in some ueAVsjiaper or ncAvspajiers published or circulating in the Division; and cause the same to he posted outside each post office and Court-house of the J)istrict, and sliall k('(!p the said List, or a copy thereof, for inspection hy any ])erson, without fee, at and between tlu; prescribed hours, until the day of the holding of the Eevisiou Court.

(vi) The Eegistrar may object to the name of any person

Avlien entered upon the List to he made as herein provided, hy entering

at the time of making out such List, in the propc'r column against such name the Avords “ objected to,” Avith the cause of objection clearly stated, and appending his initials thereto; and shall insert the name and the particulars relating to the person so objected to in the List of ohjections lastly hereinhefore mentioned, and give notice to such person as rc'tiuired in other cases ; and no costs shall he aAvarded hy any Eevisiou Court against any Eegistrar in respect of siudi objection in auA' case Avhatsoevcr.

15. Every District Eegistrar of births, deaths, and marriages List of doiiihs to iio

any such District Eegistrar fail, refuse, or neglect to IbrAvard such List, or if the same he Avilfully or negligently compiled in an inaccurate

appointed under the Act nineteenth Victoria number thirty-four, or any Division of any Electoral District Avithin Avhich Division is comprisi'd Avholly or partly the District to Avhich such District Eegistrar is assigned, a List to he made out in the manner prescribed of all males of or ahoA'e the age of tAventy-onc years whose deaths iiav'e been registered Avith him during the three months immediately preceding the month in which such List is so forAi arded. The Electoral Ei'gistrar shall upon the receipt of such Just, Avrite opposite the name of each person therein mcntioni'd on a copy of the Electoral Eoll, if such person’s name' ajipears thereon, the Avord “ dead” and shall forAvard a certified copy of such Eoll and of such List to the Eeturning Officer for the District. If

other Vet in force for the time heing, relating to the rt'gistration of Registrars,

births, deaths, and marriages, shall in the months of January, April,

manner.

150 N o . 38. 56 ̂ VIC. 1893.

Parliamentary Electorates and Elections.

manner, such District Registrar shall, upon conviction before a Court of summary jurisdiction, be liable to a penalty not exceeding fifty pounds, or to imprisonment for any term not exceeding three months.

Lists of certain

]iersons in gaol, &c.j	46. (i) The Comptroller-General of Prisons and tlie Inspector October in each year, forward to the Minister a list of all males, apparently of or above the age of twenty years, imprisoned in any gaol, lockup, or other place of detention in New South Wales under their charge respecthnly ; and such list shall contain a statement of tlie offence for which eacli prisoixer is imprisoned, his last known place of residence at date of conviction, and similar particulars regarding any previous convictions against such prisoner.
to be Ibrwarded in	General of Police, shall, in the months of January, April, July, and
like manner.

( i i ) Upon the receipt of the list the ^Minister shall forward

to the Electoral Ilegisti'ar for each District such names and particulars from such list as may be necessary for the purification of the Electoral Roll for such District, and the conduct of Elections therein.

(ill) The Electoral Registrar, on receipt of such list, shall Avrite opposite the names of persons on the Electoral Roll for the District, Avho appear from the particulars in such list to bo disqualified from voting under this Act, the words “ in custody, disqualified,” and opposite the names of persons Avhosc names appear upon such list but Avlio do not appear by such particulars to be disqualified the AVords “ in custody and shall forward a certified copy of such Roll and such list to the Returning Officer of the District.

Eecision Courts and Electoral Ilolls.

Kevision Courts,

•when to be held.

47. (i) The Electoral Lists for each Division shall be revised, every year, at a ReA'ision Court to be held for that purpose at such place or places as the GoA'ernor may appoint.

(ii) The revision of the General List for every Division shall, in the year one tliousand eight hundred and ninety-three, take place at the time prescribed, and in every year thereafter during the month of October.

(ill) The revision of the Supplementary List for every

Division, after the year one thousand eight hundred and ninety-three,

7

shall take place during the month of Qoteber. 9Knic/t

(iv) Such Stipendiary or Police Magistrate as may be named by the Governor shall, at some convenient time during the periods hereinbefore referred to, sit in open Court for the purpose of revising tlic List for each Di\dsion, and every such Magistrate shall, Avithin tAveiitj -̂onc days at the least lieforethe holding of any such Court, give notice to the Clerk of Petty Sessions acting for the place Avhere such Court is to be held [liereinafter referred to as the “ Revision Clerk”], of the time at Avhich such Court Avill be held, and every such Clerk shall give public notice thereof by advertisement in one or more ncAvs- papers circulating Avithin the Dmsion fourteen days at the least before the holding of any such Court.

(v) A Revision Court may adjourn from time to time, and if one hour after the time appointed for the holding of the Court tlie Magistrate be not present, the ReAusion Clerk may from time to time adjourn such Court to another hour or day : ProAuded tliat no such Court shall be adjourned for more than tliree days at a time until the revision of the Lists then before it be completed.

( v i ) The expenses incurred by such [Magistrates in the

discharge of their duties under this Act shall be defrayed out of

monevs to be provided by Parliament.

‘ ' 48 .

1893. 5()“ VIC. No. 38. 151

Farliantejildrij Eledorates and Elections.

•18. (i) The ll ('vision Court lor (‘ad) Division shall, pursuant MeUmd ..r Urvision,

to the provisions ol this Act, revise the General or Su])pl('inentary List (as the case may he) which has been last made out h.v the Legistrar of such Dii ision and transmitted to the llevision Clerk; and the llegistrar, or some person on his h('hall, shall atteaid the Court, and shall pi'oduc(‘ all hooks and hutts of Electors’ llig'hts, notices of objec­ tion, and newspapers containing- lists of the names of persons objected to, and all other hooks, lists, 2)ap('rs, and documents connected with his ollicc in the custody of the llegistrar or under his control, and shall su^iport helor(‘ the Court the obje(!tions of ivliich he has giv('u ]U)ticc ; and the llevision Ch'rk shall })roduce to the Court the Lists transmitted to him.

(n) The llevisioji Court shall have j)ower to hear, receive,

and examine evide]ic(', and, hy summons under the hand of the llcvision Clerk, to rc(]uire all such ])ci-sons as it thinks lit to appear personally hefore it, at a time and ])hu!c to he named in such summons, and to ])roduce to the Court all such hooks and i)a])ers in their possession or under their control as may a|)pear necessary for the of their ('xamination; and an.v person so reqnired who, without sulllcient ('xcuse, neglects or refuses to comj)ly with such summons, or, having appeared before the said Coui-t, refuse's without such excuse to he ('xamined on oath or allirmation, or to take such oath or alTirmation, or having taken snch oath or allirmation to answer the questions j)ut to him, ma.v he (h'alt ivith i)i all res])ecls as a jierson refusing or neglecting to apjK'ar or to give evidenc(' hefoi-e a Court of l ’('tty Sessions.

(ill) If it apjH'ai- to a llevision Court that any jicrson has made or att('m2)ted to sustain any groundless, frh'olous, or vexatious claim, ohjeetion, or title to l\av(' any name inserted or retained on any List, such Court ma.v orch'r the jiayment hy such person of any sum not exceeding t('u ])ounds as costs to he }iaid to any other person in resisting such claim, ohj('etio)i, or tith'. An.v sum so ordered to ho ])aid may, if not jiaid within the time specified in the ord('r, he ri'covered befori' any Court of summary jurisdiction hy the jierson named in the ordi'r as In'ing entitled thereto.

49. (i) I'he lleAusion Court shall retain on the List under wimi n:mios (o b,-

revision the names of all jx'rsons to w lioin no ohjections have lieen

dul.v made, and the name of ('vi'i-y person ivho has heen objected to I’rovision when name

unless the p('rson ohjecting appears in person in sujiport of his objection objeetion

and ]irov('s the due di'livu'ry of his notice of objection and ^nihlication i>ndadiournim’n), in

thereof in the List of ohjections; and when the name of any iierson

inserted in any List has h(!cn duly objected to, and the person ohjecting

ap])cars in ^lerson, in sn])poi-t of sucli objection, and makes jiroof of

tlie matters aforesaid, and shall give primd facie jiroof of the matt('r

stated in his objection, the Court shall require jiroof of only so much

of the (^ualilicjition of the ]icrson objected to as is embraced in the

grounds of objection; and if the (pialilication of such person he not

2>roved to the satisfaction of the Court, the Court shall exjiunge the

name of such person from the List, and shall also expunge there­ from the nam(' of o\ery ])('rson of w'hose death, disqualification, or incapacity the Court shall consider that there is sufficient evidence; and the Court shall coii'eet any mistake and supply any omission proved to have he('u made in the List: Proindcd always that no ])erson’s name shall ho ('xpung('d from any List, exceqit in the case of death, unless the ])rescrihed notice has been given.

(ii) If th(' name of any jicrson to whom an Elector’s Eight has heen issiu'd has heen omitted IVom any List, and if such person ])roduce to the llevision Court hy which such List is beingn'lnsed the El('(*toi-’s llight issiK'd to him, tlu' Coni-t may, al't('i- insju'etion of tlu' holt of such bight in possi-ssion ol' tlu' begistr.-ii-. ;ind {)n such evidenci'

heing

152 No. 38. 56 ̂V IC . 1893.

1^arllamentar]) Electorates and Elections.

heing given as may he required, insert the name of such person, toget^hcr Avith the scA'eral particulars relating to the same and appearing in such Elector’s Eight, in such List so under revision.

(ill) In the case of any person Avhosc name appears upon any List so under revision, and who is deemed hy such Court not to he entitled to liaA C his name retained tliercon, the Court may order tlie llevision Clerk to cause notice of ohjeetion in the form in Schedule E hereto to he fortlnvith gh'en to, or to he left at or sent hy post in a letter addressed to such person at the premises at which hy the List he ap])ears to reside, and may adjourn tlie question relating to such name to some future day (not less than tno days from the making of such order) to Avliich such Court is laivfully adjourned for the reidsion of such List, and such Clerk shall not he hound to appear in support of such ohjeetion, nor shall costs he awarded against such Clerk in respect of any such ohjeetion in any cas(' Avhatsoe\ er ; and on proof of the Clerk having so given such notice the Court shall proceed as in other casi's of ohji'ction.

( i v ) Tlie IMagistratc shall in all matters give the decision

of the Court in open Court, and shall write his initials against every name struck out as aforesaid from any List, and against any part of any List, in which any mistakes have been corrccti'd or omission supplied, and shall sign his name to every page of the List so settled, and shall then u rite or cause to he nritten at the foot or end of each List a certificate that the same has heen revised and is correct, and shall dati' and sign such certificate.

CcrbiGod Lists to he	50. (i) The List so signed and certified shall he forthwith delivered to the Registrar, who shall forthwith cause the nanu's thereon to he copied and printed in a Roll, to he called the General Roll, or the Siq)plem cut ary Roll (as the case may he), and arranged in the prescrihed alphahetieal ord('r of the surnames in the form contained in and Avith the scA ei'al particidars specified in Schedule E hereto; and shall prefix to every name in such Roll a numher, beginning at the first namcAvith numher one and continuing in regular arithmetical series to the last named thereon; and shall cause a sufficient numher of copii's of such Roll to h(' printi'd; and shall, in CA'cry year after the year o i h ; thousand eight hundred and ninety-tluce, on or Ix'forc tlie twentieth day of Ri'cemhcr, in the case of tlie (ieneral Roll, and of the Siqiplc- mentary Roll on or before the twentietli day of IVfay, sign and transmit the said Roll to the Returning Officer for the District; and shall also furnish to him from tim<! to time so many copies thereof as are required; and shall transmit one copy of such Roll to the person in charge of each post office Avithin the Division, Avho shall cause the same to he displayed in some conspicuous position Avithin or Avithout such post office ; and shall furnish copies to any person requiring them on the payment of the prescribed price.
Ke;Tisti’ar, &c.
(ii) In making out any such Roll the Ptegistrar shall not enh'r thereon the numher of any Elector’s Right, hut shall, for facilitating the identification of Electors, prepare and forAvard to such Returning Officer, together Avith such Roll, so many Check Rolls of Electors as may he prescrihed. And such Registrar and Returning Officer are hereby prohibited from disclosing any entry contaim'd in such Check Roll unless laAvfully required to do so.
Electoral Boll	51. Eacli sucli printed Roll so prepared and signed shall he an Roll for the DiAusion of the District to Avhich it applies, and shall be called, according to the tenor thereof, the General Roll or the Supplementary Roll for such Division, and shall continue in forcc until the coming into operation of a neAV General Roll, Avhether such ncAv Roll be made at the prescribed time or at any time afterwards ; and
completed,

deliveved to

1893. 56" VIC. N o. 38. 153

Farliamentanj Electorates and Elections.

in addition to the Divisional Eolls other Eolls shall he copi(!d and printed in tbc foian of a General Eoll for the District, and -with the Divisions arranged thereunder.

52. (i) No List or otlier document shall he invalidated hv'''luu Lists m-

reason only that it has not been printed, kept, or jmblishcd in or for

the jirescribed placi*, manner, or time.

(i i ) If the revision of any Lists awaiting revision shall not Provision wi.o.i

have been made or completed within the prescribed time, the Governor reOsion."

' °

may appoint a day not more than tivcnty days from the last day u]ion which such revision might have been made to be the day for holding a Eevisiou Court for revising the said Lists, and such day shall, as to all such acts and proceedings as then remain to be done or had with respect to such Lists, be deemed to be, to all intents and jmrposes, the day Jirescribed. for such revision, and the time prescribed for the transmission of the Eoll shall be extended accordingly.

PAET IV.

ITOv’/.s-̂— Jlctnrn'uKj 0 [peers — XoniiiKdions — Polliiifi-placcs —- Foil

Clerks, ^'c.— Genercd Frocisions fo r ike llecjtdalion o f Votinu— Special Frorisions lleyulutivg Foting Outside Elcisiou and, Outside District— Voting hg holders o f Fenewed or Sid)stituied, Itighl— Conduct ( f and proceedings at Elections—Briberg, Treating, Inlhnldalion, fc .

Writs.

53. Tor tlu ̂ imriiose of every General Election—and also in Oovcniov lo i.'<siie the ease of any seat in the Assembly becoming vacant after any such

General Election, and Ind'ore tlu; meeting of Parliament—the "Writs I'or f'”;

the Election of Memliers shall be issued by the Governor : All "Writs ro'i"s?.od

for General Elections shall be issued within four clear days after the jmblication in the Gazelle of the Proclanuition dissolving Parliament, and (vvery such "Writ shall be made returnable on a day not later than tlu' thirty-fifth clear day after tlu; date of the issue thereof.

51'. The day to lie hxcnl for th(' meeting of Parliament after the wiien Parliament t.>

return of Writs for General Elections shall not be later than the si'venth wni

clear day after the date on which such "Writs shall have been made

returnable as aforesaid.

55.   "When and so oftem as a vacanev shall occur in th.e Assemblv, Speaipr to issue

the Speaker shall, upon a resolution by the Assembly declaring such	**	° '
vticancy, and the rtrison thert'of, cause a "Wilt to Ijc issued for tilling such vacancy; and on the death or resignation of any Member, the Sjieaker shall in like manner upon a resolution of the Assembly, issue such "Writ, and in case the Assembly be not in St'ssion, or when such vacancy occurs during any adjournment for a longer period than seven days, he shall also issue the Writ.

50.   If at the tinu; of the occurrence of any such vacancy, ctmst'd if no Speaker,

by death or resignation, there be no Speaker, and the Assembly be not in Session, or if the Speaker be alisent from the Colony, the Governor shall, if satisfic'd of the existence of such vacancy, issue a "Writ for the

Election of a M ember to fill such A acancy.

57. E\'cry MTit for the Election of a Member to serve in Wriis riiictrd tn the Assc'inlily shall be; directed to tlic Eeturning Officer of fluj Eotunuug oiiK-rr. District for Avhich the Election is to be held. And in eveiy

such IVrit shall be named the day before Avhich all nominations

of

154 N o. 38. 5()o VIC. 1893.

Parliamentary Electorates a^id Elections.

of Candidates at and for any Election must l)e made (herein­ after called the day of nomination), the day for taking the poll at the several polling-places in the event of the Election heing contested, and the day on whieli the W rit shall he I’eturnahle to the Governor or Speaker as the case may he.

Polling J)i\y at

General Elections. 58. The Polling-day for every General Election shoiild he so appointed that the Election shall take place on the eighteenth day from tlie date of the issue of the Writs.

Duties ol- Eeturning 59. Evci’y Eetuming Officer shall upon the receipt hy him of

W i - i t ^ i c . ' s u c h Writ as aforesaid indorse thereon the day of such receipt, and shall forthwith give public notice of the purport of such Writ, of the day of Nomination, the days of Polling, the Polling-places, and the return day mentioned respectively in such W rit; and also of some place witliin the District (to he appointed hy snch lleturning Officer) at which he will receive tliQ nomination papers hereinafter prescrihed. And public notice for the purpose of tliis section shall mean notice in any newspaper published in the District to which such Writ relates, or if there he none such, then in any newspaper circulating in such District, or, failing that, then hy the exhibition of printed or Avritten placards in such places as the lleturning Officer may think most likely to attract notice.

Eeturning Officers.

RotumingOincers for

Districts.	GO. The Governor shall appoint a Eeturning Officer for each District, and e ery such appointment shall he notified in the Gazette. And, in case of the death of any lleturning Officer, or in case of sick­ ness or other cause disabling any Eeturning Officer from acting at any Election, the GoA^ernor may appoint some person as Eeturning Officer in his stead.
R eturning OHiccr or
Deputy uot to be a	61. No Eeturning Officer, nor any person Avho shall have heen a Eeturning Officer, and shall not, liy Avriting under iiis hand addressed to the GoA'ernor, have resigned sucli ollicc at least fourteen days before the day of nomination for any Election, nor any Deputy Eeturning Officer shall he a Candidate, or he elected or returned, or he or continue a member for tlic District for which he is or has heen, such Eeturning Officer or Deputy Pueturning Officer, as the case may be.
Candidate.

R eturning Officers

and other officers to	62. Every person appointed Eeturning Officer, Deputy Eeturn­ ing Officer, or Poll-clcrk under this Act shall, hefore entering on tlie duties of such office, make a declaration hefore some Justice of the Peace to the effect folloAving :—
make declaration.

I [A. B.] do solemnly declare that I Avill faithfully and imyiartially

perform the duties of my office to the best of my ability, and that I Avill not attempt to ascertain for Avhom any Elector shall A’ote, and that I Avill not disclose or hy any Avord or action directly or indirectly aid in the disclosure or discovery

of the same. And that I Avill keep secret all knoAidcdge of

the mode in Avhich any Elector has voted Avhich I may obtain in the exercise of my office, save in answer to any question Avhich I am legally hound to ansAver.

Declared hefore me this day of , one thousand eight

hundred and

Justice of the Peace.

Returning Oflicer to

appoint Substitute. 63. The Eeturning Officer shall forthwith, on the receipt by him of any such Avrit as aforesaid, appoint, hy Avriting under his hand, some tit person to he the Substitute, as lu'ri'inaftcr mi'iitioned, of such Eeturning Officer; and such Eetuniiiig Officer shall, in w, on or

hy

1893. 56̂ VIC. N o. 38. 155

Parliamentaru Electorates and Elections.

l>y sucli Substitute, attend at all reasonable liours in the daytimi', in the interval between the r(;ceipt of such "Writ and the day ol Nomina­ tion, at the place so appointed for receiving tlio said Nomination- papers; and if at any time, during such interval, the E-eturning Oliicer shall be absent at the tinn; or place hereby appointed for tbc doing or snifering liy him of any act or thing relating to such Election, tlien such Substitute may and shall do or sidfer such act or thing ; or if tbc lleturning Officer, by reason of sickness or other disability, shall be unable to do or sulfer any acts or things relating to such Elect ion, and the same shall be notified to such Substitute; or if ilu! lleturning Officer shall die, tlum such Substitute at any time may and shall as and for the lleturning Officer do and sulfer all suck acts and things, and subject in every such case to the like provisions, as if h(! were the llcturning Officer.

(51. The llidurning Officer shall upon each day between tlic Rctuminf; ouicer to

receipt by him of any Writ and the day of Nomination for such Eh'ction mentioned in such ATrit, exhibit and keep exhibited, outside the jilace so named as aforesaid for receiving the Nomination-papers, in sonic public and conspicuous position, the namt's and residencies of all persons who shall have duly become Candidates for such Election.

Qualifications and Nominations o f Candidates.

05. (i) Every holder of an Elector’s llight under this Act noUin-of an

sliall be qualified to be nominated as a Candidate and to be elected as

a Member for any Electoral District unless be be disqualified for some eicct.Hi ns a Member,

cause herein or in the Constitution Act specified.

(ii) Before, and in order that, any person shall be a Candi- Camiidates to bo

(late at any Election for any District, such person shall be noniinated Jeast'"i'x?hiq

by not fewer than six persons named on tbc lloll for such District. quaiiiii-a Electors.

(ill) Everv Nomination of a Candidate shall be made by Xomimition of

delivering to the lleturning Officer, or tbc person acting as his Suli- stitute (wlio, if required, shall give a receipt for the same) a Nomination- ])a])cr at some time after the issue of the ATrit and before six o’clock in the evening of the day }ireceding the day of Nomination.

(iv) Such Nomination-paper shall be in tbc following

form, viz. :—

Aim, the undersigned. Electors of the Electoral District of

do hereby nominate {l;ere state Christian and surname, occupation, and place o f residence of the person nominated^ for Election as a Alcmbcr of the Legislative Assembly for the abovenamed District.

{Signatures of nominators.)

I, tbc abovenamed hereby consent to such Nomination.

{Signed.)

And no person unless nominated in accordance with the requiremiuits of this section shall be deemed to be a Candidate for Election pursuant to this Act.

(v) No Elector shall nominate more than one Candidate

I'or an Electoral District.

156.   If only one Candidate be so nominated the Eeturning Officer ri-oi oodings on

shall, at noon on the day of Nomination at the place so named foi'crtXutroniy°''°

tlie delivery of Nomination-papers, publicly declare the Candidate

nominati'd to be duly elected, and shall make bis return accordingly.

67. If there be more Candidates nominated than one, it shall wium I’oii to bo

be open to any Candidate to withdraw his name from Nomination b y ‘*	‘'̂ ®	'*’
dcliveriiig a notici* under his band to the Eeturning Otlii'er or the ]ierson acting as his substitute before six o’clock in the evening of the

day

156 N o . 38. 56 ̂ VIC. 1893.

Parlicnnentai'!/ Electorates and Etections.

day preceding the Xoinination day, and if after sncli withdrawal then* shall he more than one Candidate, then a Poll shall take j^lacc on the days named in the AVrit for that purpose, and at the s(‘veral Polling- places for the District; and the Eeturning Officer shall, at noon on the Xoinination day and at the place named as aforesaid for the delivery of the Xomination-papers, pnhlicly announce that a Poll Avill he so taken and the names of the persons Avho shall have become Candidates, and shall, also, forthwith publish in some newspaper puhlished or circulating in the District, a like announcement.

Voting papers to be	08. The Eeturning Offieer after a Poll has been appointed for any Election, sball cause Ballot-papers to be printed with the Christian names and surnames of all the Candidates in full, in the, form of
printed and signed.
Schedule II.	Schedule I I ; and sliall provide a sufficient number of such Ballot- pa])crs to be signed or initialled, and iised as hereinafter provided ; and if the Christian names and surnames of any two or more Candi­ dates be the same, they shall be distinguished upon such Ballot-pajicrs by the addition of their residence and occupation; and the directions in the said Schedule contained shall be of the same force as if they had been herein enacted.

Eolliiuj-ptuces— Eoll Clerks, ^'c.

rolling-places. ()9. Th(‘ Governor may, by notice in the ajipoint one or

more Polling-places within each District or Division of a District : Provided that jio place shall be so appointed at any time aftia- the issue and before the day appointed for the return of the AVrit for the Election of a Alember for any District: Provided further that the Governor, in any case in which he shall be satisfied that tlu' conveniimee of a large number of the Electors of any District would be furthered hy appointing a Polling-place or Polling-])laces outside such District, he may hy notice as aforesaid appoint such Polling- place or Polling-places.

Booths to b(* oiTctcd	70. ll) The Eeturning Officer shall cause such hooths to be (U'ceted, or rooms to be hired or otherwise provided, for taking the Poll at any Election at each Polling-place as the convenient conduct of the Election may rc([uire.
or rooms hired.
bootli, Avherc Klectors

"When more than one (n) If under this provision there shall be more than one

Lo A'ote.	booth at any Polling-place, there shall be affixed over the entrance of each booth in succession so many letters of the alphahot in their alphabetical order as shall denote the booth at which each Elector according to the initial letter of his simiame is to vote, and no Ehictor shall be permitted to vote in any booth save that which is so denoted by the initial letter of his surname.
(ill) Provided that no Polling-booth shall be in any bouse for or in respect of which any license for the saĥ of fermented or .spirituous liquors under the “ Licensing Act of 1882” or any Act amending the same, is held by any person, or u|)on the pnmiises appertaining to such house.
(iv) Tlie Polling for persons voting outside their Divisions shall, subject to the provisions of this Act, he conducted in the pre­ scribed manner.

Boothshowarranged, 7 L. Eveiw liootli shall be SO arranged as to have one or more inner

compartments opening only into that part in which the Ballot-hox is kept; and the Eeturning Officer or his Deputy .shall provide in every such compartment pencils for the use of the voters, and shall also ])rovide for each booth a Ballot-box having a lock and key, and Avith a cleft or opening therein capable of receiA'ing the Ballot-papers.

̂ 72.

1893. 56 ' V iC . N o . 38. 169

Parliamentary Electorates and Elections.

Warrant for tlie appointment of nine Members, qualified as aforesaid,

and so from time to time until nine Members liave been appointed

by a MMrraiit not disapproved by tbe Assembly : Provided that tlie

disapproiml of any Mbirrant may be either general in respect of tlie

constitution of tbc ivliolc Committee, or special in respect of any par­

ticular Member named in the AVarrant, and that the Speaker may, if

bo think fit, name in tlu' second or any subsequent AAArrant any of

'

the Members named in any former AA'arrant, ivliosc apjiointment has

not been so spi'cially disapproved of:

12.‘b After the appointment of the Committee, every Member nm-ation of odicpoi appointed shall continue to be a Member thereof until the end of the ,̂ |i7tc'r ™

°̂ *̂*"**'

then current Session, or until he cease to be a Member of the Assniibly, or unless and until tbc Committee report that he is disabled by continued illness from attending tbe Committee, or until the Committee report that he has failed to attend four consecutive meetings ivithout the leave of the Committee, or until the Committee be dissolvc'd as bcrcinaffcr provided, or until be resign his appointment (which hc may do by letter to the Speaker), but 'which resignation shall not take effect until the appointinent of another Member in his place.

12 f. ( i ) If the Chairman or any two members of the Committee Kcsoiuiion of

at any time report that by reason of the continued absence of ifiorc Committee be dissolvc'd, the same shall be forthwith dissolved, and ('very rcappointnu'nt of the Committee after the dissolution thereof, as well also as every appointment to su])])ly a vacancy in the Coiu- raittee by resignation or ofberwise, shall be made by the Spealcer by AVarrant under bis band, laid upon the Table of tbe Assembly, on or before tbc third day on which the Assembly meets after tbe dissolution of tbe Committee, or notification of the vacancy made fo the Speaker, as tbe case may be.

than four of its Members, or by reason of irreconcilable dilfercnce of Re-appomtmeni, .tc.

ojiinion, the Committee are unable to proceed satisfactorily in tbe

discharge of fheir duties, and if such report bc adopted by the

(i i)   Such AV’arrant shall be subject to tbe disapproval of tbo

Assembly in like manner as is hereinbefore provided in the case of tbe a^fjeointment of the first Committee.

(in) Upon any reappointment of the said Committee, the S])caker may, if he think fit, reappoint any of the Mcmliers ol‘ the former Committee ivho arc then not disqualified to serve thereon.

(iv) Every such new Committee or new Member shall have

])ower to take up and continue the business pending at tbc time of	'
the dissolution or vacancy as aforesaid in the same manner as might have been done by the Committee as previously constituted and composed.

125.    (i) Tbe Speaker sball appoint the time and place of the first 'i'imc of meeting,

meeting of the Committee, and the Committee shall meet at the time and place so appointed; but no Member shall act upon the Committee until he shall have been sworn at the Table of tbo Assembly by tbe Clerk well and truly to try and determine the matter of any Petition or other question referred to the Committee, and a true judgment to give O atiiof Committco

according to the evidence, and truly and faithfully to perform th e”'™’

duties appertaining to a Member of tbe Committee to the best of bis

judgment and ability without fear or favour.

(i i ) The Committee shall not be comj)etent to transact any Quorum,

business unless at the least five Members thereof shall be presc'nt

together.

126. ( i ) TTu' Committee shall have power to adjourn their Powers of

sittings from time to time as they shall think proper; provided that the interval of adjournment shall not in any instance exceed seven days,

unless

170 m. 38. 56'’ V IC . 1893.

parliamentary Electorates and Elections.

unless by leave first obtained from the Assemljly upon motion (Avitb- out notice) and special cause assigned for such adjournment. And in case five Members sliall not ha^n met together Avithin one hour of tlie time appointed for an original or adjourned meeting, it shall be competent to tbc Members present to adjourn Avitliin the limits, and subject to the restrictions aforesaid.

Election of (ii) The Committee shall select their OAvn Chairman from

Chairman.

time to time, and shall have power to regulate the form and manner

of their OAvn proceedings.

Majority to decide. (ill) Such proceedings shall be conducted openly, except

Casting vote. Allien the Committee shall think it necessary to deliberate among themselves be Fore or after hearing CAodence and argument if offered; and all questions before the Committee shall bc decided by a majority of A'oices, and Avhenever the A’oices are equal the Chairman shall have a second or casting A'oice, and no member of the Committee shall refrain from voting on any question on which the Committee may divide.

Minutes of (iv) The Committee shall be attended by one of the Clerks of

proceedings.	the Assembly, and such Clerk shall make a Minute of all Proceedings of the Committee, in such form and manner as shall be from time to time directed by the Committee, and a copy of the Minutes so kept shall be laid from time to time before the Assembly.
General powers of	127. (i) The Committee shall have poAver to inquire into and determine upon all Election Petitions and upon all questions Avhich may be referred to them by the Assembly respecting the validity of any Election or return of any Member to serve in the Assembly, Avhether the dispute relating to such Election or return arise; out of an error in the return of the Returning Officer or out of the allegation of bribery or corruption against any person concerned in any Election, or out of any other allegations calculated to affect tlu; validity of such Election or return, and also upon all questions conc(;rning the qualification or disqualification of any person aaTio shall haAU been returned as a Member of the Assembly.
Committee.

(i i ) In the trial of any such questions the Committee shall

be guided by the real justice and good conscience of the case, AAuthout regard to legal forms and solemnities, and shall direct themselves by tbe best evidence they can procure, or Avhich is laid before them, wdicther the same be such CAudence as the law A\ oidd require or admit in other cases or n o t: Provided that the Committee may receive or reject as they may deem fit any evidence tendered to them.

Decisions of

128. (i) The Committee shall determine finalh’' on all questions referred to them, and if they shall determine and report to the Assembly that a person Avas not duly Elected Avho Avas returned as Elected by the Returning Officer, fhe person so declared not to be duly Elected shall cease to be a IMomber of tbe Assembly, and if they shall determine and report any person to have heen duly Elected Avho Ai as not returned by the Returning Officer, the person so declared shall be SAvorn a Member of the Assembly, and take his seat accordingly; and if the said Committee shall declare any Election to have been Avholly void, or shall declare any sitting Member to be unqualified or disqualified, the Speaker may issue a Aew TVrit for the holding of another Jilection, and the person thereafter Elected and duly returned shall be the Member for the Electoral District concerned.

Sec't."̂

(ii) If the Committee shall come to any resolution other

than the determination abovementioned, they shall, if tiny think proper, report the same to the Assemhly for its opinion at the same time that they inform the Assembly of such determination, and the Assembly may confirm or disagree Avith such resolution and make such order thereon as shall seem proper.

' 129 .

1893. 56" VIC. ISTo. 38. i n

Parliamentary Electorates and Elections.

129. (i) Every Petition complaining of the nndne Election or return of a Member to serve in the Assembly, or complaining that no	P e t it io n s .
E lection

_

return has been made according to tlic requisition of the IVrit issued PoiiUon against

for the Election of a Member to serve in the Assembly, or complaining ‘

of any special matter contained in any such return, shall be subscriltcd

by some person who voted or had a right to vote at the Election to

A\'liicli the same relates, or by some person claiming to have had a

right to be returned or Elected thereat, or alleging liimself to have

been a Ciindidate at the Eh^ction, and shall in tlie case of a General '

Election bo addressed to the Governor, and in the case of a Eye- Election shall be addressed to the Speaker, and shall be pr(!sent(‘d to the Governor or Speaker within eight weeks after the day of the return of the IVrit to which such Petition shall relate.	.
(i i) Every such Petition shall be forthwith notified in the Gazette, and shall, as soon as conveniently may be after snch ])resentation, be laid by the Governor or the Speaker before the .Vssembly, and shall by the Assembly be referred to the Committee either forthwith or as soon as the Committee shall have been duly appointed and confirmed.

130. I t shall be competent to the Assembly upon any petition Assombh- may refer

subscribed as aforesfiid and presentfM to the Speaker to refer such Petition and the question thereby raised to the Committee, and the Assembly sball also have ]>o\ver upon the like Petition to refer to the Committee all questions respecting bribery or corruption alleged to have been committed at any Election at any time within twelve months after such Eh^ction, notwithstanding that the period in (‘itlu'r oi tbo above cases shall have elapsed for a Petition against the Ihection or the return thereof according to the provisions hereinbefore in that behalf contained.

131. Before presoniing any such Petition as aforesaid to the Governor or Speaker, tint person by whom the same shall be subscribed shall ])ay into one of the Banks regulated by law within the said Colouy or into a branch thereof a sum of lifty jionnds to the credit of the Speaker in relation to the said Petition, which sum shall he payable towards tbc costs of the Petition as hereinafter regulated, and shall bc liable to lx; withdrawn upon the order of the Speaker either for the purpose of snch payment or for the purpose of restoring the same to the P('titioner ivholly or in part as the case may require. for costs of

132. Everv such iictition shall have annexed thereto a Bank î eceipt ioi'dopositto

deposit receipt lor the sum ol titty pounds so dejiositod and sliali	̂
contain a recital of the fact and particulars of such deposit. And any petitioner who shall wilfully annex to any such Petition a false receipt or who shall Avillidly make in any such petition any false recital shall
I k ; deemed guilty of forgery, and be liable to bc punished therefor.

133. All ])orsons sidiscribing any such petition shall bc deimied rmiios to miiion.

io !)(' ])ar( ics to the reference, and the sitting Member to Avhose Election any such Pc'tition relates, or any person who I'oted, or who had a right to vote thereat, or any person complained against in any such Petition, may ivithin four weeks after presentation thereof, by notice in AM'iting to the Speaker, be admitted as a party to support or to oppose the sami', or to di'fend the return of the sitting Member, as the case may bc, and (;very person so admitted shall Ixi deemed to be a party to tbc I’eference.

134. The parties to any such reference may at any time ;d‘ter Parties wiiiidrawing

presentation of the Petition so referred, jointly or severally Avithdraw 1,heir support or opposition, as the case may Ix', by Avritten notice to that elfect under their hands, or under the hand of their agent to the Speaker, and also to the sitting Member Avhosc Election or return has

been

172 ]S[o. 38. 56 ̂ V IC . 1893.

Parliamentanj Electorates and Elections.

been complained of, or bis agent, and also to the adverse parties or their agent, and in all such cases the parties so 'withdraAving shall he lial)le to the payment of all such costs and expenses incurred hy any of the adverse parties, as the Committee in its discretion shall deem reasonable and just.

 ■̂al•d of costs and

expenses.

135. I t shall he laAvful for the Committee to determine and report to the Assembly upon all Petitions so referred, and in all cases to UAvard payment of such costs or expenses incuiTcd by any of the parties, as tlie Committee in its discretion shall deem reasonalAle and just, and to name the parties in each case who shall bc liable for such payments, and the parties (if any) to Avhom such payments arc to hc made.

for costs and expenses

Sitting Member liable 13G. IVheneA'er no adverse party shall have been admitted as

in certain cases.	aforesaid, and it shall appear to the Committee that the sitting iMemher
Avhose Election has been complained of, or his authorised agent, has
been guilty of Anxatious or corrupt conduct in respect of the Election to Avhicli the Petition relates, such Memher shall he liable f(ir the jiay- ment of all such costs and expenses incui’red hy any of tlie parties supporting the Petition as the Committee in its discretion shall deem reasonable and just.
penalties.
Petitioners liable to	137. "Whenever it shall appear to the Committee that a Petition so referred to tliem a to s frh’olousor A’exatious, or altogether groundless, or not sufficiently sustained liy eA'idence, it sliall bc lawful for the Committee' to impose upon any of tlu' jiarties supporting the Petition such penalty (not exceeding fifty pounds) as the Committee shall, in their discretion, deem reasonable and just, and such penalty shall bc paid hy any such parties named hy the Committee to the Clerk of the Assemhly, and may he recovered hy the said Clerk in the same manner as all costs and expenses aAvarded by the Committee are hercinaftt'r directed to he recoA cred. And the monc'y so recovered shall, after deducting costs and ex])onses necessary for the recoAery thereof, bc paid to the Colonial Treasurer and form part of the Consolidated ilevenue Eund.
liow to be certilied.

Costs :ind expenses 138. The said Committee shall, upon apjdication made to them,

deliA'cr to any Avituesses summoned before the Committee, or to ;iny other person entitled Ainder the proA'isions of this Act to costs and expenses, or to the Clerk of the Assemhly, in case any penalty shall liaA’e been aAvarded, a certificate thereof, signed hy the Chairman of the Committee, ex])rcssing the amount of the costs and expenses alloAved, or of the penalty aAvarded, Avith the name of the party liable to pay the same, and the name of the party entitled to receive the same, and such certificate shall be conclusive evidence for all purposes Avhat- ever as aa cII of the amount of the demand as of the title of the party therein named in that behalf to recoA'cr the same from the party therein stated to be liable to the payment thereof.

Kecovery of costs. 139. (i) The Speaker may, by order under his hand, direct the payment of the said sum of fifty pounds deposited according fo the provisions hereinbefore contained, or a sufftcient portion or ])ro- portionate part thereof, to any party A v h o , hy such certificate, shall appear to bc entitled to recover costs and expenses, or any penalty as against the person by aa horn such deposit Avas made.

(ii) The party entitled to any such costs, expenses, f>r

penalty under such certiticate may recover the same, or so much thereof as shall not be paid out of any such deposit from the party liable to pay the same.

( in ) I f th e party liab le to p ay such costs, exp en ses, or

p en a lty sh a ll n ot, upon dem and b e in g m ade Avithin seven days th e re ­

after, pay th e sam e, th e Speaker sh a ll, hy warrant under b is hand

directed

1893. 56" VIC. No. 38. 173

JParllameutanj Electorcies and Elecllotis.

directed to th e Shcrih', com m and th e said Sheriff to lev y for th e

am ou n t nam ed in su cli Avarrant u pon th e lauds, i '̂oods, and ch a tte ls of th( ̂ party liahh; to pay th e sam e ; and thereu])Ou th e said Sheri If shall forthw ith lev y for th e said am ount, and Avhcu th e sam e sh a ll he )‘ceovi!red, pay over th e sam e to th e party en titled thereto.

( iv ) A n y persojA from Avhom the amount of such costs,

('xpeuses, or penalty shall hav(! heen recovered, or Avho shall have paid .

the same on demand thereof, shall he entitled to recover in any Court ■

from the other persons (if such there he) Avho are liable to tlie pay­ ment of the same a jiroiAortionate share tlu'reof according to the numher of persons so liable, and according to the extent of the liability of each person. .

(v ) I n CAmry case in Ailiich th e C om m ittee sh a ll I in a lly

di'term inc and report to th e A ssem h ly upon an y snch P e tit io n Avithout m tih ing an y aAvard as to costs or expenses, or im posing an y ])('nalty, th e S[)caker shall, upon dem and of th e depositor, return to h im , or his agen t, th e said sum of fifty ]>ounds.

140. (i) T he C om m ittee sh a ll have poAAU'r to d irect th e attend-rowers in respect, of

ance of Avitnesscs, and to exam in e th em njion oath (Avhich oath it shall ami'dmMnMeni'In̂^̂^̂

he com p eten t for an y M em ber o f th e said C om m ittee to adm in ister), evidence,eonten'ipt,

and also to send for and exam in e piapt'rs, records, and other docu­ m en tary e \ idence, and it slia ll be com p eten t to th e C om m ittee if th ey sh a ll th in k tit to receive affidaAlts ridatiA'e to any o f th e m atters refem u l to th em taken hefor<“ an y J iis tic !'o f tin; P ea ce (w hich affidavits snch .1 ustice of th e P eace is hereby authorised to t:ike).

(ii) I f an y person sum m oned h y th e C om m ittee sh a ll d is­

obey such sum m ons, or sh a ll refuse or n eg lec t to produci; an y jiapcrs,

records, or otlun' docum entary ev id en ce re la tin g to or a ffectin g th e

m atter under in v estig a tio n Avhich sh a ll h ave heen sent for h y th e

C om m ittee, or sh a ll refuse to subm it h im se lf to exam in ation , or sh a ll

giA'e fa lse ev id en ce, or prevaricate or otherw ise m iscon d u ct h im sid f

ill g iv in g or re fu sin g to g ive evidence, he sh a ll he deem ed g u ilty of

a raisdem eanour and he lia b le accord ingly .

( i l l )     A n y person a\ i lfu lly or k n o w in g ly g iv in g fa lse ev idence

hefore th e C om m ittee, or a quorum thereof, or in an y su ch affidavit, sh a ll he d('('med g u ilty o f Avilful and corrupt perjury and he liab le to he ppn ished th e r e fo r : P rovided th a t in a n y case Avhere a Avitness if exam in ed hefore th e Suprem e Court Avould he p erm itted to m ake a solem n declaration , or to g h c cvid im ce in an y other w ay th a n u pon

oath , a Avitness sum m oned under th is A c t sh a ll ho a llow ed to gi\xi

evid en ce in lik e m anner liy	declaration or otherw ise.
PAET VI.

Miscellaneonf! Frovhions, Fenalties, 8fc.

141.    The G overnor m ay m ake regu lation s for carrying th e pro- Eegukiion?.

A'isions of th is A c t in to fu ll e l f c c t ; and a ll sn ch regu lations, in so far as th(\y are n o t in co n sisten t Avith th e proAusions o f th is A c t shall, on h eiu g pub lished in th e Gazette, have th e fu ll force o f hiAV, and

sh a ll he la id Ixdbrc both H ou ses o f P arliam en t Avithin fourteen days

after su ch pu b lication , if Parliam cm t he th en s itt in g , and if not, th en

Avitliin	fou rteen	days	after	th e	com m en cem en t o f	th e	n e x t	en su in g
iSession.

112. If any person, Avithout laAvful excuse or authority (the ])roof whereof shall he upon the person charged), shall print, supply, cerun'eateL''* * offenoe.? in

issu(',

174 N o . 38. 56“ VIC. 1893.

Farliamentary Electorates and Elections.

issue, or liav(' in his possession any certificate or docnment in the foi'm of Sclu'clnh' A licreto, or resembling, or apparently intended to ‘resemble such form, snch person shall he guilty of a misdemeanour, and may he fined in any sum not exceeding one hnndred pounds or imprisoned for any period not exceeding two years, or may bc both fined and imprisoned witliin the said limits ; and if any person shall forge or utter, knowing the same to he forged, any certificate or Elector’s llight, he shall he deemed guilty of felony, and shall he liable to imprisonment, with or without hard labour, for any term not exceeding five years : Provided that any person acting under the directions of the Colonial Secretary shall l)c deemed to lie a person acting under lawful authority within the meaning of tliis section.

Offence of stuiniig

Ballot-box.	Idd. Ev('ry person Avho knowingly places, or is privy to the placing, in a Ballot-hox any Ballot or Voting-paper which has not been lawfully issued to an Elector, and heen anarked, filled up, or otherwise dealt Avith by him as by this Act required, and any Elector Avho plac(‘S in tlu* Ballot-hox any paper other than the Ballot-j)apcr issiu'd to him for that purpose, sball he guilty of a misdemeanour, and he liable to be imprisoned for any term not exceeding' one; year.
Elector’s Riglit.s not
to bc transferred.	l td. Subject to the provisions in this Act relating to the transfer of Electors’ Bights, no transfer, delivery, pledge, sale, gift, or exchange of an Elector’s Eight shall he good as against the ])(‘rson to Avhom the same was issued ; and anv Stipendiary or Police Magistrate, on the complaint of any such person, that any other peu'son detains, or has in his possession any such Elector’s Eight, aud on proof tlu'reof, and of demand made for such right, and of refusal to dc'liver it up to the person to Avhom it was issued, may order the said right to he delivered up to such last-mentioned ])erson. And every person detaining an Elector’s Eight, after demand made by the person entitled thereto, shall he liable to a penalty not exceeding tAventy pounds.

person being at the time a member of the Police

i*nfluendngvotCTs,&c. Eoi’cc sliall take any part in any Election, or shall seek to influence in

any manner any Elector in gn ing his vote for any Candidate, such

person shall incur a penalty not less than ten pounds nor more tlian

one hundred pounds.

Piiymont of expenses. 1 4 0 . I t slia ll 1)0 laAvful fop th c GoA^cmor fi'om tim e to tim e by

Avarrant under h is hand addressed to th e C olonial Treasurer, to authorise and direct th a t a ll such m oneys as sh a ll from tim e to tim e be required for p ay in g an y exp en ses la w fu lly in c im ’ed u n d er and in th e ex ecu tio n o f th e ])rovisions o f tliis A c t, be paid out o f th e C onsolidated E ev en u e , and th e sam e sh a ll he so paid accord ing ly .

Summary penalties	1 4 7 .	I f	in tlu' opin ion o f th e M in ister any E lectora l E eg istrar ,
for neglect.

or D ep u ty E lectora l E eg istra r , or other officer, has been g u ilty o f any

n eg lig en t act of com m ission or om ission , contrary to th e provisions of

th is A c t , th e M in ister m ay, by AA'riting under his liand, a fter ca llin g

u pon an y su ch olficer to fu rn ish an y exp lan ation he m ay th in k fit

pei'sonally or in Avriting, and, a fter consid ering su ch exp lan ation , order th at th e Avhole or an y portion o f th e salary ])ayahlc to such officer under fh e au th ority o f th is A c t during th e year th en current shall hc forfeited .

Penalty for disobe­	148.	I f an y E eg istrar , or other officer or person, shall be g u ilty
dience.

o f a n y Avilful m isfeasance, or Avilful or grossly n eg lig en t act o f com ­

m ission or om ission in contraA’ention o f th e ])roA'isions of th is A ct, he

sh a ll he liab le u pon co n v ictio n th ereo f before a Court o f sum m ary

jurisd iction , to forfeit and p ay a sum of )iot m ore than fifty pounds, nor less th a n five pounds, or a t th e discretion o f th e Court, to he im prisoned for an y period not ex ceed in g three m onths.

' 1 1 1 ) .

1893. 56 ̂ V IC . N o . 38. 175

Parliam entan/ Electorates and Elections.

149. I t shall ho lawful for the Colonial Secretary to make'AUcnainicp of licgis-

rules and reg'ulations as to the days, hours, and places on and

which any Itcgistrar or Oc'puty llegistrar shall attend at his office or

offices for the purposes of this ^Vet, and as to what shall he di'i'ined a reasonable ])rice or payment for any llolls, or other niatti'rs ren'arding whicli it is hercinhclbre jirovided that a reasonahlc jirice he

paid for the same. Wlierc any accidental or unavoidable impediment. Errors imiy be <or-

misfeasance, or omission shall have happened in the pre])aration or*'’'" '

transmission or printing of any Roll, of what kind, soever, the Governor may take all such mi'asures as may he necessary for

removing such impediment or rectifying such misfeasance or

omission.

1 5 0 .    Every penalty, fine, forleituri', or sum of money recoverable Mode of recovering

or payable ])ursuant to tlie provisions of this Act, and every offence against or violation or hri'ach of the provisions of this Act, or of any regulation m:ide therimnder (not heiug a misdemi'anour) shall hc heard and determined hy aud hefore a Stipendiary or Police Magistrate in a summary way in accordance ndth the Acts in force regulating summary procci'dings hefore J ustices. And in default of payment of any such penalty, ffni', forfeiture, or sum, the same may he enforced hy distress and sale of the defendant’s goods and chattels ; and, in default o( sufficient distress, the defendant may he imprisoned for any term not exceeding I'ourtcen days, or until such penalty, fine, forfeiture or sum he sooner paid.

151. If at the luviriiig of any information under the Costs and

forty-fifth or the ninety-sixth section hereof it shall appear to the

Court that such information is unfounded, frivolous, or AX'xatious, i t ‘Edendant.

shall he lawful for the Court, whether the information he dismissed

or not, to order that the prosecutor shall pay to the defendant such

costs, togi'thcr with, Avlii're such information is unfounded, frAolous,

or vexatious, such further sum hy way of compensation not exceeding

ten pounds as shall seem ri'asonahle ; and the same shall he recovered

in like manner as any sum orderi'd to hc paid hy Justices.

15:1. No person shall he liable to any penalty, forfeiture, or Eimiiatiori of (ime,

punishment imposi'd under this Act, unless the prosecution for the offence committed shall he commenced against such person Avithiu the space of si.x months next aft er such offence shall liaA'e heen committed. And proceedings for or in respect of any offence under this Act may he taken hy any memher of the Police Eorco or hy any jierson Avhomsoover, save Avhere hy this Act in any jiarticular case some other jier.son is charged AA’ith the duty of taking such jiroceedings.

153. All moneys recciva'd hy any officer under the jirovisions Arpropi-iiition of

of this Act shall he paid to the Colonial Treasurer, and shall he deemed

to he received on account of the Consolidated RcAxnue Eund.

151. AV̂ hencA’cr any day or date jiroA’ided or ajipointcd hy or E'o'''sion as lo

under this Act for any jnirjiose shall, fall on a Sunday, or Goiiil Eriday, or Christmas Day, then such jiroAUsion and ajAjiointment chrisimas Day. shall take effect as for the day folloAviug; and all furthin- changes of time rendered necessarv hv anv such alteration ma lawfulh* he madi'. ( « >. t «■

SCHEDULES.

176 N o . 38. VIC. 1893.

Farlunnentary Electorates and Elections.

S C H E D U L E S .

SCHEDULE A.

[To be ])rint(‘d in red ink, j

( J k ' T i ) .

Ko. No.

Elector's Rifjlit.

Electoral District of

•) Electoral District of

Division. Division.

Residential Qual J! cat ion.

Residential Qualification.

The holder hereof fa m e infulV]

Name o f person to ichom	of whose name is signed herennder, is entitled,
issued—	being duly enrolled, to vote at elections of Members of the Assembly in the above division of the above district, being
Residence and Occupation.	qualified in respect of Afanhood and of Eesidence in such
Qualification — iManliood	division.

and liesidence in above	(A. B.), Eegistrar.
division.	(C. D.), abovenamed.

The day of , ISO .

(A. D.), Eegistrar.

(C. 1).), .abovenamed. ^ g “This Elector’s Eight is good only until the first day of

(Date) December, 189 .

K.B.- -The following is to bo printed on the back of the butt iincl also on the back of the right, space being loft in onior that the respective answers of tlie person applying for an Elector’s E ight may bo n ritten o])posite each question.

1. W hat are vonr Christian names, surname, residence (including the street and the numher or name (if any) of the house in whieh you reside) and your occupation t

2. Are you of the full ago of twenty-one years f

3. Arc you a natural born or a naturalized su’oject of H er Majesty Queen Victoria (or Her

successor to the Crown for the time being), and wliieh ? (and if tlic answer he “ naturalized”) Have you resided in Now South Wales for twelve inontlis since the date of vour naturalization aud previously to the date of your apjilication for an Elector's E igh t ?

4. Have you before reci'ivcd an Elector’s E igh t in respect of residence for any division of any district in New South Wales f (and if the answer be “ Yes”) what division and district ?

5. Ho you now reside in New South Wales, and for what time during the last twelve months have you so resided ? Ho you now reside in the division for whieh you apply, and during what time now last past have you so resided therein, or as well therein as in some other division of the district, and in what division ? W here are the premises on which you reside ; and whether are you the occiqiying tenant of or a lodger or person employed on such prem ises; if you arc a lodger or jierson employed on the premises, what is the name of the occupier of tlie premises ?

The above questions having been read over to (or by) me, I have made the answers thereto respectively written opjiositc each such question ; in witness whereof I subscribe my name.

Signature,

Address,

N.B.—If .any person wilfully aud knowingly make a false answer to any of the above questions,

lie will be liable to the jienalties providt-d hv the “ Parliam entary Electorates .and Elections Act of

1893.”	■
SCHEDULE B.

A . P . IS

I]lectoral District of

Division.

G en eha l (or as the case may be Supplementary) List of Pcr.son.s claiming to be entitled

to vote for Members of the Legislative Assembly of New South Wales.

Number on Christian name

Surname in full. Eesidence. Oecupal ion.

E lectoral R o ll. in full.

(Signed)	A.B., Eegistrar.
SCHEDULE C

1893. 5(f VIC. ISTo. 38. 177

parliamentary Etectora.tes and Elections.

.SCFIEDULE C.

' Notice o f Objection.

Electoral Uistriet of

Division.

I KEiJKiiV object to tlie name of (C.D.), described as upon the General

(or the case may he Supplementary) List for the above Division and District now awaitiiip' revision being retained on sucli List upon the following grounds (Jiere state yrounds).

Dated this day of 18 .

(Signed)

of {state residence').

SCHEDELE D.

A.l>. 18

Electoral District of

Division.

List of names of Persons objected to upon General {or Supplementary) List {as the case

may he).

Surname of Ground

No. on Name Residence of

person Christian t» -j

Electoral . p ,, Residence, Occupation. of of objection

objected to name m lull.

Roll, 1 objector. objector. (briefly

in full. stated).

i

A.B., Eegistrar.

SCHEDULE E.

Notice o f Objection.

Electoral District of

Division.

S y order o f the Mevision Court.

1 HE11E13Y object to the name of (C.D.), described as upon the General {or as the case may he Supplementary) List for the above Division aud District, now awaiting revision, being retained thereon, and the grounds of such objection are as follow {here, state yrotilids') ; and I hereby give notice to the said (C.D.) to attend at the

Revision Court at on the day of

at o’clock, and prove so much of his qualification as is herein objected to, or his

name will be expunged from the said list.

(E.T.), Clerk of Eevision Court.

SCHEDULE E.

Electoral District of

Division.

Geneeal {or as the case may he Supplementary) Eoll of Persons entitled to vote for

Members of the Legislative Assembly of INew South Wales.

■

Num ber on Christian name

Surname in full. Residence. Occupation.

Roll. in full.

(Signed) A.B., Eegistrar.

U SCHEDULE G.

178 ~No. 38. 5(>" VIC. 1893.

JParliamentary Electorates and Elections.

SCHEDULE G.

I, hereb\' solemnly declare tliat I am the holder of an Elector’s Eight

numbered (.fill numher) for the Electoral District of

Division of , and am the person

named therein as , No. , whose residence and occupation are [specify theni) ; and that I am absent from the Division of tlie said District in which I am enrolled as an Elector [or from the said District as the case may require], but desire to vote at the present Election of a member for the same. An<,l 1 also solemnly declare that I have not previously voted in and for the [Iiê 'c insert nrnne o f District and particulars o f -Election for icldsli declarant desires to vote[.

Declared by before me .

[N.B.—Tills form may be altered to suit the particular circumstances of the case.]

SCHEDULE H.

Form o f Ballot-paper.

Electoral District of -

C .V N D iD A T E a’ Names (to hc arranqed in alpliahetical order o f surnames) thus;—

Adams, George \ necessary under section

■ Crarife W illi™ ' ’̂ '^ty-eight add residence and

Johnson, Homy j occupation in same line.)

Directions.

(1) Toe voter must strike out the name of the Candidate or Candidates for whom he does not wish to vote by drawing a line through such name or names.

(2) The voter must leave one name aud one only uncancelled or the Ballot-paper

will be invalid.

(3) The voter after marking the Ballot-paper according to the aforesaid directions must place it in the Ballot-box.

(4) Tbo voter must not take his Ballot-paper out of the Polling-booth.