The Electoral Act of 1851 No 4a (NSW)

2390 No. 48. 14° VIC. 1851.

New South Wales Electoral Act.

No. XLVIII.

N ŵKtECToiiAi. ^(3-ĵ iq provide for the division of the Colony of New South Wales after the separation of the District of Port Phillip therefrom into Electoral Districts and for the Election of Members to serve in the Legislative Council. [2 ad May, 1851.]

I’reamWc.	T TTlIER EA S by an Act of the Imperial Parliament of Great Britain
V T
and Ireland passed in the fifth and sixth years of the reign of Her Moijesty Queen Victoria intituled “ Au Act fo r the Government o f New South Wales and Van Eiemen's Land, ” it was amongst other things enacted that there should he within the Colony of New Soutli Wales a Legislative Council to be constitnted in the manner and for the purposes therein mentioned And whereas by a certain other Act of the said Parliament passed in tlic thirtcentli and fourteenth years

o & Cl Vic. cap. 7C.

13 & n Vic. c.ip. m. of Her said ^Majesty’s reign intituled “ An Act for the better Govern­ ment o f Her Majesifs Australian Colonies” provision is made for the separation of the Territories comprised within the District of Port Phillip from the Colony of New Soutli Wales and it is thereby amongst otlier things enacted that after the Proclamation of the said Act in the Colony of New South Wales it shall be lawful for the Governor and Legislative Council of such Colony by an Act to be for that purpose made and enacted in the manner and subject to the conditions now by laAV required in respect of Acts made and enacted by the said Governor and Council to determine the number of Members of whicli after the separation of the District of Port Phillip therefrom the .Legislative Council of the Colony of Ncav South Wales shall consist and also to make the necessary provisions for dividing the Territories which after such separation Avill be comprised within tlic Colony of New Sonth "Wales into convenient Electoral Districts or for continuing such of the existing Electoral Districts as shall be deemed convenient and for appointing and declaring the number of Members of the Council of the Colony of Noav South "Wales after such separation to be elect(;d for eacli such District and for the compilation and revision of lists of all persons qualified to vote at the Elections to be holden within tlie several Districts of the said Colony and for the appointing of lletnrning Ofheers and for the issuing executing and returning of the necessary "Writs for such Elections and for taking the poll thereat and for determining the A'alidity of all disputed returns and otlierwise for (msuring the orderly etfectWe and impartial conduct of such Elections And whereas it is expedient to fix the number of Members to serve in tlie said Legislative Conncil and othenvise to provide for the division of the Colony into Electoral Di.striets and for the several other

Member.̂ , matters by the said Act required Be it therefore enacted liy His Excellency the Governor of N cav South "Wales with the advice and

to consi.st (.1* fifty	Lcfisiative (’oiiiicii couscnt of tlic Legislative Council thereof That the Legislative Council
*...... ’ ‘ ' of till! said Colony shall consist of Fifty-four Members Eighteen of
lour IUciiiIjui'h.

Avhom are to be a])pointed by HerlMajesty according to the provisions in the first abovi' recited Act in that lielialf contained and Tliirty-six of whom are from time to time to be elected by the inhabitants of the said Colony in the manner hereinafter mentioned.

1851. 14° VIC. N o. 48. 2391

New South IVales Electoral Act.

2. And be it enacted Tliat the said Colony of New Soutli Wales

shall be divided into Electoral Districts for the purpose of i'<durnin“’

Mimibers to serve in the said Legislative Council in manner following in; iiiviiiwi liito

that is to say—(1) the County of Augyle (2) the Connty of E a t iii ' rs i'

(3) the Eastern division of the County of Camdiox (1) the AVestern

Lkctomi Dhb icu.

division of the County of Camjiex (5) the E^nited Counties of Cook

and AYhsTMOUEEANi) (0) tlu ̂ County of Cu^rnEULAKn (7) the County of D urham (S) the united Counties of G loucester and M acquarie (t)) the unit(!d Counties of K ing and G eorgiana (10) the united Counties of M urray and St. Amxcext (11) the united Counties of NoRTiiUMiSERLAxn and H unter (12) the united Counties of PiiiLLir

Brisbane and B ligh (13) the united Counties of H oxbi;rgii and AVuollixgtox (I t) the County of Stanley (15) the Pastoral District of M axeroo (IG) the Pastoral District of A1i:r r i;m b ii)Gi:e (17) the

united Ihistoral Districts of L achlan and L ower D arling (18) th(‘ united Pastoral Districts of AVellixgtox and B ligh (19) the united Pastoral Districts of LrvEurooj. P i.aixs and G wyhir (20) the united

Pastoral Districts of A eiv E x(;land and M acleay (21) the united

Pastoral Districts of C larence ami D arling D owns (22) the united

Pastoral Districts of AIoretox AALue B ay B urnett and M aranoa

(23) the C ity of SYDNiiY (21) the Syhney H amlets comprising tin; Glebe Camperdoivn O’Conmdl Town Chippendale Ptcdha'U Surrey Hills Paddington St. Leonards and Balmain (25) the l^own of

P arramatta (20) the Cu:MBERLANn BoRomnis comprising AVindsor

Biehmond Liverpool C'amphell Town and Penrith (27) the AV̂esterx

Boroi:ghs coni])risingBathurst Kelso and Careoar (28) the Southern Boroughs oomprising Goulhurn Qucanh<‘yan Braidwood and Yass (2i)) the N orthi' mberlanh B oroughs comprising Morpeth East Maitland and AYest Alaitland (30) the K or.th E asithin B oroughs

comprising Newcastle (ivith Stockton) and llaymond Terraces and (3]) tlu; Stanley B oroughs comprising North Brisbane South Brisbane Kangaroo Ihiint and Ipswich shall iT'spectivcly constitute Eh^ctoral Districts.

3. And he it enacted That the City of Sydney shall return three Nnmii. r oc i\remt oii

Memhi'rs to serve in the said Legislative Council the Counties of Cumhendand and Durham shall each return two Members and the united Counties of Northumberland and Hunti'r shall together return two YIemhers and every ollu'r Electoral District shall return one YI<'inh('r to serve in the said Council.

I. And he it enacted That th(G)onndarics of the several Mlectoral BonndaiRs or

Districts hereinbefore mentiomHl shall for the ]>urpos(;s of this Act lu; dc(!med and taken to he the boundaries set forth in the Schedule lu.'re- unto annexed marked A. Schedule a.

5. Provided always and he it enacted That no part of the Cities cities Towns &e. to

Towns Boroughs or Hamlets ivhich cither alone or togtither foriii sc])arat( ̂Electoral District shall for tlu; jmrjioses of this Act he deemed to he included in the County or Counties within the limits of Avhich they are situated nor shall any person he t'utitled to vote for tin' Election of a Ylendier to reprt'sent any such County or Counties in respect of any qualilicatiou situate within such separate' Electoral District as aforesaid.

G. Provided further and he it enacted That in the event of the Govern.u-muv add

establishment of any new Pastoral District or of any addition to any

existing Pastoral District forming an Electoral District or part of an luM oistrioi witi.

Electoral District under the provisions of this Act it shall he hiwful I'xec.ltivu (Xun̂^̂

for the Governor nith the advice' oi' tlu; Executive Council from time

to tini(' by a Proclamation under his Hand and Seal to he for that

purpose published in tin' New South llAles Gorerumeut Gazette to

add such new Pastoral District or addition to a Pastoral District to

5 A—VOL. 3. any

2392 No. 48. 14° VIC. 1851.

Ncv:> South Whales Electoral Act.

FAectorai Districts, any One of tlic Electoral Districts named in this Act to which such new district or addition to a district may he contiguous and thereupon the provisions of this Act shall apply to such new Pastoral Distinct or addition to a district and to all persons resident therein in as full and ample a manner as if such new district or addition to a distriid had been named in this Act as forming a part of such Electoral District.

iMurnimj Officers. 7, ije it euactcd That the Mayor of the City of Sydney Mayor of Sydney to sliall lic the E/Ctuming Officer of the Electoral District of Sydney for shall signify to the Governor his desire to he excused from

■ ’ acting as such Eeturning Ofheer on the ground either of his intending to become a Candidate at such Election or of ill health or inability to act and in the event of his so signifying to the Governor his desire to be excused or his inability to act or in the event of his absence or of the office of Mayor being vacant it shall and may he lawful for the said Governor by any writing under his Hand and the Seal of the Colony to appoint some other fit and proper person to lie lleturning Officer for the said Electoral District of Sydney.

Governor to appoint

Returninn: Oilicers	8. And he it enacted That it shall and may he lawful for the Hand and the Seal of the Colony a fit and proper person to ho tlu; lleturning Officer of each and every other Electoral District in the Colony provided that the person so appointed he at the time of such appointment qualified to he an Elector of the Electoral District for which he shall act and that his a[)pomtment he notified in the usual manner in the Government Gazette of the Colony and that in case of sickness or other accident disabling any lleturning Officer from acting at any Election it shall he lawful for the Governor at any time to appoint one or more person or persons to act in the stead of such lleturning Officer and every appointment of a Returning Officer made as aforesaid shall be good and valid until death or until such appoint­ ment shall he cancelled and some other ]>erson appointed to he lleturning Officer by a writing under the Hand of the Governor and Seal of the Colony.
for other Electoral	Governor from time to time to appoint by any writing under his
Districts.

Returning Officers 9. And be it enacted That any and every person who may

act1n°g undertiiis A UDdci’ the pi’ovisions of this Act he ap])ointed a lleturning Officer or

tt) make declaration ' Deputy Returning Officer or appointed to perform any other duty

of acceptance of

otlice. under this Act shall before he enter on the performance of such duty make and subscribe the following declaration before any Justice of the Peace acting for the whole or any portion of tlu' Territory of New South Wales—

Form of declaration. “ I A. B. do hereby declare that I accept the office of

“ for the Electoral District of and I do hereby “ promise and declare that I will faithfully perform the “ duties of the same to the best of my understanding and “ ability”

And the Justice before whom such declaration shall he made is hereby required to transmit the same by the first convenient opportunity to the Colonial Secretary of New South 'Wales.

Polling Places. 10. And be it enacted That the places for taking the poll at

Places named in	Elections in respect of the several Electoral Districts hereinbefore
Schedule B to he
polling places and	mentioned shall he those set forth in connection with such Electoral
others may he	Districts in the Schedule to this Act annexed marked B Provided
appointed hy the
Governor.	always that such other places shall he polling places for the said Electoral Districts as sliall he ap])ointed for that purpose by the Governor for the time being by any Proclaanation to ho issued by him in that behalf and published in the New South Wales Government Gazette.

1851. 14 ̂ YIO. N o. 48. 2393

Nciv South JFales Electoral Act.

11. And whereas by the said last recited Act it is amongst other things enacted that every man of the age of twenty-one years being a Qualification of

FAectors.

natural horn or naturalized suhicct of Her Maiestv or lew'allv made a Recites qualification

denizen of Now South Wales and having a freehold estate in jiossession vtrc.'L

situate within the district for which his vote is to he given of the clear

value of one hundred pounds sterling money above all charges and

incumbrances in any v/ay atfcctiug tlie same of or to which he has been

seised or entitled either at Law or in Equity for at least six calendar

months next before tbc date of the Writ of such Election or in case a

registration of Electors shall be established next before the last

registration of Electors or being a householder u ithin such district

occupying a dwelling-house of the clear annual amIuc of ten pounds

sterling money and having resided tlicrcin six calendar months ni'xt

before such Writ or registration as aforesaid or holding at the date ol‘

such AVrit or at the time of such registration a license to de])asture

lands within the district for which liis vote is to be given from tlu'

(jovernment of New Soutli AEalcs or having a leasehold estate in

possession situate within such district of the value of ten pounds

sterling money per annum held ujoou a lease which at the date of such

AVrit or at the time of registration lias not less than three years to run

shall be entitled to vote at tlie Election of a Member of the Legislative

Council Provided always tliat no man shall be entitled to vote who

has been attainted or convicted of treason felony or other infamous

olTence in any part of Her Majesty’s lAominions unless he have received

a free pardon or one conditional on not leaving the Colony for such

olfence or have undergone the sentence passed on him for such offence

And provided also that no man shall be entitled to vote unless at

the time of such Election or registration of Electors (as the case may

be) he shall have paid up all rates and taxes which shall Iuia'c

become payable by him as owner or leaseholder in respect of such

estate or as occupier in respect of such occupancy or as the holder of a

license in respect of such license except sucli as shall have become

payable during tbree calendar montbs next before such Election or

registration respectively And whereas it is expedient to form within

every Electoral District j a register of all persons entitled to Ante at

any Election of a Alember or Members of Council for such Electoral

District Be it enacted That on or before the first day of June in every KUrtorai iaas.

year the Mayor of the City of Sydney shall appoint a person or persons collectors of Eiecto-

to be called Collector or Collectors for each AVard of the said City rai fosts to bo

and such Collector or Collectors shall ItetAvecn tlie said lirst day of oF Sydney.'''

dune and the tAAnnty-lifth day of June in every year make out a list to be called the Electoral List according to the form in the Schedule to this Act annexed ijiarked C of all persons entitled to Ante in Elec- Schedule c.

tions for Members of the Legislative Council in respect to property

Avithin such Ward and shall sign such list and deliver tlie same to

tlie Town Clerk of the said City and each Collector shall keep a true copy of the list so deliAnred by him to be perused by eAnry person

Avithout payment of any fee at all reasonable hours and the Town Clerk shall fortliAvith cause copies to be printed of all such lists

delivered to him and shall deliver a cojiy of any such list to any person requiring the same on payment of a reasonable price for each copy and shall cause a copy of the Electoral List of each AAford to be

fixed on some public and conspicuous building Avithin the same on

(.'very day during the fortnight commencing on the second day of July

and ending on the lifteenth of duly in every year.

12. And be it enacted That in all other Electoral Districts the ciucf Constables to

Chief Constables of tbe diffeiamt Police Districts shall for the jnirposes oFheFmsti'ict̂ ^̂ ̂

of this Act be considered to beCollectors and sball betAveen the first day of

d line and twmii v-eightb dav of .Tiim' in evei'v vear make out alphabelieal

■ ' ' ' list'^

2394 N o. 48. 14'̂ V IC . 1851.

Ncio Soulh Wales Electoral Act.

Electoral Lists, lists as aforcsaicl of all persons within their respective Districts who shall be (lualiflocl to vote in the Election of Members of Council anti shall deliver the said lists to the Clerks of Petty Sessions for the Police Districts witliin which they the said Chief Constables act and the said Cliicf Constables and the said Clerks of Petty Sessions shall do and perform in respect to the said Police Districts the duties respectively Avherewith the Collectors and Town Clerk as aforesaid are

11 no Clork of Petty	hereinbefore charged in respect to the said City of Sydney Provided
Constable l\Iagis-	that if there be no Chief Constable of any such Police District or if
trates may appoint
])orsons to act as	there be no Clerk of Petty Sessions for any such District or if there
Collectors.	be any impediment to any such Chief Constable or Clerk of Petty Sessions acting in the performance of any of the said duties the Magis­ trates at some Court of Petty Sessions held in and for such District shall and may appoint persons to act in the capacity of such Collector or Clerk of Petty Sessions for the purposes of this Act.
As to police Districts
. ̂ oTmorc I'accLrai''*	13. And be it enacted That whenever any such Police District sluvll foriu portious of two or more Electoral Districts such Collectors
Districts.	Clerks of Petty Sessions shall make separate lists for each portion of the Police District which may be comprised within a separate Electoral District.

Sessions or Chief

Electoral L ists,

{Preparation.)

11. And he it enacted That it shall be lawful for the Governor

to appoint such additional officers in any Electoral District as may be

Additional ofliccrs

may be appointed by

necessary to complete the registration of Electors in such District and

the Governor.

to assign to the persons so appointed such remuneration for their

services as to the said Governor may seem proper.

Lists to be printed

15. And be it enacted That the Electoral Lists delivered to the fairly and legibly transcribed and hung up at the Court House in each Police District and in such other conspicuous place or places as may by the Magistrates in Petty Sessions assembled be directed for the period aforesaid of fourteen days ending on the fifteenth day of July in every year.

or transcribed and

hung up for public

different Clerks of Petty Sessions shall bo by them either printed or

inspection.

Claims of persons

have tlioir names

16. And be it enacted That any person whose name shall have been omitted in any such Electoral List and who shall claim to have his name inserted therein shall on or before the fifteenth day of July in every year give notice thereof to the Town Clerk or to the Clerk of Petty Sessions as the case may be in the form

inserted.

Scliedule D.

in the Schedule to this Act annexed marked D or to the like

oii'’ule HsL!”

effect and any person whose name shall have been inserted in any Electoral List may object to any other person as not entitled to have his name retained in the said Electoral List and any person so objecting shall on or before the said fifteenth day of July in every year give or cause to be given to the Town Clerk or Clerk of Petty Sessions as the case may be and also to the person objected to or leave at the pre-

i.ists toho prepared mises foi’ wliicli his name shall appear to be inserted in the Electoral persons objected to, -Ljist notico thereoi 111 Writing accoi’diRg to tlie lorm in the schedule Schedule K. to this Act annexed marked E or to the like effect and the Town Clerk

or Clerk of Petty Sessions shall include the names of all persons so claiming to be inserted on the Electoral List in a list according to the

Schedule F.

form in the Schedule to this Act annexed marked E and shall include the names of all persons objected to in a list according to the form of

Schedule G.

the Schedule to this Act annexed marked G and shall cause copies of such several lists to bo fixed on the outer doors or walls of the public or conspicuous buildings as aforesaid during the fourteen days ending on the thirtv-first day of July in every year and the Town Clerk or Clerk of Petty Sessions shall likewise keep a list of the names of all persons so claiming as aforesaid and also a list of the names of all persons so objected to as aforesaid to be perused by any person without payment of any fee at all reasonable hours during the fourteen days

(Sunday

1851. 14'̂ VIC. N o. 48. 2895

Netv South Wales JElcclond Act.

(Sunday excepted) ending on tlic said tliiriy-th'st day of duly in every	u.cinrai hsi,..
year and sliall deliver a copy of each ol' such lists to any jx'rsou requiring the same on payment of a sum not exceeding oire sliilling for each copy.

] 7. And be it enacted That in and for the City of Sydney I’ioiirdings .x.

separate Courts for the revision of the Electoral Lists shall he hehl

for each TVard hy tlu> Alderman and Assessors of such Ward some-	'
time het-ween the lirst day of August and the twenty-lirst day of August both inclusive in ê ■ery year and such Alderman shall give notice of the time of holding each such Court accordingly and the 'fown Clerk or person appointed to act as such shall at the opening of the Court of each Ward produce the lists relating thereto and a copy of the lists of the persons so claiming and of the pi'rsons so objected to maih' out in the manner aforesaid and all Collectors of Rates and persons acting as Collectors under this Act shall on being thereto summoned atteiid the Court and shall answer upon oath all such (]Ucstions as the Court may put to them or any of them toucdiing any matter necessary for revising the Electoral Lists and the said Ahlci'- man shall insert in such Electoral Lists rcspc‘ctiv('ly the iiamc of every
p(U’son Avho shall he proved to the satisfaction of tlu' said Court to Ik ;
(‘iititled to he inserted ther(;in and shall retain on the said lists the
names of all persons to Avhom no objection shall have heen duly made
and shall also retain on the said lists the name of every person who
sliall have heen ohjeeti'd to hy any})ersoii unless the party so objecting
sliall appear hy himself or hy some one on his behalf in support of
such objection and Avlien the name of any person insi'rted in either of
the said lists shall have been duly ohjccteil to and the person object in g
shall a])]iear hy himself or by some one on his behalf in sujqiort
of such objection the Court shall require proof of the qualitication
of the pi'rson so objected to and in case the qualitication of such person
shall not he proved to the satisfaction of the said Court the said
Alderman shall expunge tlie iianu' of every such person from the said
list and he shall also expunge therefrom the name of every jicrson who
shall he proved to he dead or to have become disqualitied or incapa­
citated and shall correct any mistake or supply any omission Avhich
shall he proved to have been made in any of the said lists in ri'sjK'ct
of the name or place of abode of any j)crson who shall h(' inchuh'd

therein or in respect of the nature or local dc'seription of his propi-rly

.

Erovidi'd always that no person’s name shall he inserted hy the said Alderman in any such lists or shall be expunged therefrom except in the case of death unless notice shall have heen given as is hereinbefore r(;quircd in each of the said cases and the said Alderman shall in opcm Court write his initials against the names struck out or ins(;rted and against any part of the lists in which any mistake shall have; h(;cn (!orrccted and sliall sign his name to every page of the several lists so settled Provided always that no person who has declared himself a Candidate for Licet ion for the City of Sydney shall act as Alderman or Assessor within the same for any of the purposes of this Act.

18. And he it enacted That if any Alderman or Assessor sliall desire to he relieved from the duty of revising the Electoral List of a Councillor or Assessor to jiinlbrin such duties and every person so appointed shall have exercise and perform the same powers authorities and duties and he subject to the same penalties as the Alderman or Assessor in whose place he shall have been so appointed. wi„n

his Ward or of acting as a Deputy lleturning Olficcr on the ground of'<gisi'>s'Electoral

his either intending to become a Candidate at such Election or of ill

health or inability to act and shall signify the same in writing to the

It).

2396 N o. 48. 14'̂ VIC. 1851.

New Sonth Wales Electoral Act.

Electoral Lists*

{Revision.)

19. And in order to provide for the revision of the Electoral

Lists in all Electoral Districts save that of the City of Sydney Be it

ReviKioii Courts to

be held by Magis­	enacted That Courts of llevision for the purpose of revisin'" the lists
trates in other	of Electors shall he held in this and every succeeding year hy Justices
Electoral Districts.	of the Peace assembled in Petty Sessions at their usual places of meeting in and for every Police District throughout the Territory of New South Wales which said Courts shall be held sometime between the lirst day of August and the twenty-first day of August Imth inclusive in every year and the Justices of Petty Sessions at and for every such last mentioned Police District shall cause notice to he given hy the Clerk of Petty Sessions or other person appointed to act as such for the purposes of this Act witliin such District hy a notice to be affixed in some conspicuous situation or situations on or about the Court House or place used as such within their respective Districts (such notice to lie given at least ten days before the holding of the Court of llevision at any place mentioned therein) of the day and time or several days and times at which they will hold their Courts for the revision of the said lists and the said Justices shall hold open Courts accordingly for the revision of the said lists of Electors at the times and at the places so to be announced and in the event of a deficiency or cxjiected deficiency of Justices in any such District at the requisite time the Governor may appoint other persons to perform any of the duties herein directed to be performed by and to exercise any of the powers
Proviso.	herein conferred upon Magistrates in Petty Sessions assembled Pro­ vided always that no Magistrate or other person appointed as aforesaid Avho has declared himself a Candidate for Election for any Electoral District shall take any part in the revision of the Electoral Lists of such District or any part thereof.
vision Court held
Proceedings at Re­	20. And be it enacted That the Justices assembled in every Court of Petty Sessions or other persons appointed as aforesaid shall perform and do the same duties and acts and have and exercise the same poAvers and autliorities as the said Alderman and Assessors respectively are hereinbefore directed and empoAvered to do perform have and exercise in respect of the lists to he revised by tliem Pro­ vided that in such Courts of Petty Sessions the Police klagistratc if there be one and if not then the Senior Magistrate resident in the District avIio shall be present at any such Court of Revision shall perform and do all and CA'ery thing Avhich is hereinbefore expressly or impliedly required to be done under the hand of the Alderman in relation to the lists under rcAusion or to he revised by him and the Clerks of Petty Sessions or other persons appointed to act as such and also the Chief Constables or other persons appointed as Collectors for the respective Districts for Avhich such Courts shall be held shall as far as may be necessary perform at such Courts the duties Avhich ai'e hereinbefore directed to be performed by the corresj)onding Officers at the Courts of Revision held by an Alderman and Assessor for the City of Sydney.
before Magistrates,
Powers of adjourn­	21. And be it enacted That eA'cry Court under this Act for the revision of the said lists shall have poAver to adjourn the same from time to time provided that no such adjourned Court shall be held beyond the tAA cnty-flrst day of August in any year and the said Courts
ment.
Rate Books to be
l)roduced	appointed for revising the lists for the City of Sydney shall ha e power to require any person haA'ing the custody of any book containing any rate made for the said City to produce the same and alloAv it to he inspected at any Court held for the revision of th.c said lists and all
tion. may be ad­
and oath or aflirnia-	such Courts of Revision respectively shall have poAver to administer
ministered.	an oath or oaths (or in the case of a Quaker or lAloravian an affir­ mation) as Avell to the Town Clerk Clerks of Petty Sessions Chief Constables or other CoUi elors as to all ]>ersons claiming to be inserted

1851. 14“ VIC. N o. 48. 2397

Neio South Wales Mectot^d Act.

in or maldiig or opposing olrjcctions to the omission or insertion of any Electoral Lists.

name on the said lists and to all persons objected to in the said lists (Revision)

and to all persons claimin;. ̂ to have any mistake in the said lists corrected and to all witnesses 'who may he tendered or examined on either side and if any person taking any oath or making any atlir-Penalty for swearing

Illation under this Act shall wilfully swear or affirm falsely such falsely,

person shall he deemed guilty ol“ perjury and shall he punished accord­

ingly. _ ‘

22.               And lie it enacted That no person claiming to register his Personal attendanee

vote in ahy jAcctoral District shall he obliged to appear in person to necessary!

make proof of the nature and sullicicney of his qualilicatiou unless

'

required hy the Court at which he shall apply to he registered to attend in ])crson Provided however that ii' such jiersonal attendance he rendered r;'(|uisite on the application of any party objecting to a claimant’s riglit to register his vote such party if his ohjection be disallowed shall defray such expenses as the Court shall award for the claimant’s atfemlaiuHi which expenses so awarded shall he recoverable in any Court of competent jurisdiction in whicli the ]iarty entitled thereto shall sue for the same.

2d. And be it enacteil That the Electoral Lists of each Ward of Revised Lists in

the City oi‘ Sydney so revised and signed as aforesaid shall ho delivered

i’owifci’!rk̂ ̂

l»y tlie said Alderman to tlu; Town Clerk wlio shall ketq) the same and sliall cause each of the said Electoral Lists to he fairly and truly copied in al])liahetical order into hooks to he hy him provided for that purpose the Electoral List of each Ward being kept sejiarate Avith every nanu' tlierein numbered beginning the numbers from the first name and continuing them in a regular series to the last name and shall cause sueii hooks to be completed on or before the thirty-first day oi‘ August in every year and shall deliver such books together Avitli tlu' Lists at the expiration of his tenure of oiFice to the person succeeding Iiim in siicli office and every such book in Aidiich the said Electoral Lists shall Iiave been copied shall he the iloll of the Electors of the several Wards of the City entitled to vote after the passing of this Act in the choice ol' Members of the Legislati\ c Council for the said City at any Election which may take place of a IMemher for the said City between the tirst day of September inclusive in the year in wliich such Electoral Lists shall have been made and the lirst day of September in the succeeding year Provided that if in any year the Electoral Lists for any of the said "Wards shall be omitted to be made out or shall not he perfected then and in that case the Electoral Iloll of the jn’cccding y(>ar so far as it relates to the said Ward shall he the Electoral iloll for another year.

2i. And he it enacted That the Torvn Clerk shall cause copies Copies to be printed ol' the Electoral Iloll in every yeiir to be written or printed and shall	‘̂‘stribution.
deliver to the Alderman of each Ward one copy of the Electoral List of sutdi Ward and further copies to all persons applying for the same on payment of a reasonable price for each copy.

25. And be it enacted I’hat in all Electoral Districts except the in otuer districts

City of Sydney the Clerks of Petty Sessions or jiersons apjiointed to be'dcUvCTĉd tone*”

act in that capacity shall on or before the thirty-first day of Augustin Ketinning officer,

every year deliver the several Electoral Lists revised in the manner

hereinbefore directed to the lleturning Officer of the Electoral District

to Ai iiich the same belongs or relates Avho shall cause a general alpha­

betical list of the Electors of the whole Electoral District to be I'airly

transcribed or printed u ith as little delay as ])ossible from the lists so

deliveriMl to him and such gomn-al list shall be the; Electoral List or

Iloll of Electors entitled to vote in each respectiA C Electoral District

at all Elections that may take place of Members of the Legislative

Council between the tirst day of September inclusive in the year in

Avhich

2398 N o. 48. 14° VIC. 1851.

New South Wales Electoral Act.

Electoral Lists, whicli sucli Electoral Lists shall have heen made and the first day of

(Revision.) September in the succeeding year Provided that if in any year the Electoral Lists for any Electoral District or part of an Electoral Dis­ trict shall he omitted to he regularly made out or shall not he perfected then and in that case the Electoral Loll for the preceding year or so much thereof as relates to such part of a District shall ho the Electoral Loll for another year and the Returning Officer in every Electoral District shall deliver a copy of the Electoral Roll for such District to all persons applying for the same on payment of a reasonable price for each copy.

Writs of Election. 26, And he it enacted That for the purpose of every General

Writs for General Election of Members to serve in the Leffislative Council the Writs for O

Election to be issuoa	several Electoral Districts shall he issued hy the Governor of New South Wales.
Writs to fill vacancies	27. And he it cuacted That whenever after any such General Elcctioii and during the continuance of any such Legislative Council it shall he established to the satisfaction of the Speaker of the said Legislative Council that the seat of any Elective Alember of the said Council hath become vacant Avhether hy death or resignation in manner aforesaid or hy reason of any other of tlie causes of vacancy mentioned in the liereinhefore first recited Act the said Speaker shall forthwith issue a Writ for the Election of a Member to serve in the place so vacated during the remainder of the continuance of the said Council and no longer.
Speaiicr'*̂ ^̂
or by tlie Governor if	28. Provided alw'avs and be it enacted That if at the time of the occurrence oi such vacancy Irom any oi the causes aioresaiu there he no Speaker and the Legislative Council he not in Session or if the Speaker for the time being he absent from the Colony then in any such case the Go\"ernor for the time being shall if he he satisfied of the existence of such vacancy issue a MAit for the Election of a Member to servo in the place so vacated during the remainder of the term of the continuance of the said Council and no longer.

there be no Snealicr. ,, n i t xi,

Writs to be airected

29. And be it enacted That Writs for the Election of Members Legislative Council Avhether issued by the Governor or Speaker of the said Council shall he directed to the Returning Officer of each Electoral District in which Writs shall he named the day and place of nomination for such Election and the day for taking the poll at the diiferent polling places in the event of the same being contested and also the day on which such MAits shall he made returnable to the said Governor or Speaker as the case may he.

to Retiuiimr; Officer.

Keturning Officer to

indorse on Writ the

30. And he it enacted That the Returning Officer of eacli

r(;ceives it and shall forthwith give public notice of the day and place

of nomination mentioned in the said "Writ.

date of its receipt.

Electoral District shall indorse on the Writ the day on which Ik ;

Froceedings at

Elections.

31. And he it enacted That on the day of nomination named in

the lYrit the Returning Officer shall preside at a meeting to ho holden

Moffe of proceeding

nooii at the placc named for that purpose in the MAit and sliall declare the purpose for which such meeting is lield and if there he at such meeting no more Candidates proposed than tlie number of Members to he retunied the Returning Officer shall declare such Candidate or Candidates to he duly elected and make his return accordingly and in the event of there being more Candidates than the number to be elected the Returning Officer shall call for a show of hands separately in favor of each Candidate and after such show of hands shall declare the person or persons on whom the Election has fallen and shall return tlie same accordingly unless a poll he then and there demanded hy some one of the Candidates or hy not less than six ol the Electors of the District on his behalf and if such demand he made for a poll the

natio\7 ^^'”

polling

1851. 14« V IC . N o. 48. 2399

Neto South Wldcs Electoral Act.

pollin" sliall tako place at the diiroveiit polling places for tlie District Procmihips at

on the (lay appointed in Iho Writ for tliat jmrpose. I'Hn-iwn.t.

:>2. And he it enacted That at every Election thclliTurningnetumiiifcOfficei-

01Fic('r if it shall appear to him exju'-diont for taking the poll at such Election may cause booths to he erected or rooms to 1h> hired and used as such booths in one place or in s('v('ral placi-s at each polling place as occasion may rc(]nire and the sanu' shall he so divided and allotted into compartments as to the lleturning Olhci'r shall seem most con­ venient and the Returning Officer shall appoint a Clerk or Clerks to take the poll at ('ach comiiartment and if there he a contest shall before the day fixed ior taking the poll cause to iu' furnislu'd for the use of eacdi booth or polling place a copy of the Electoral List of the Distriid and shall iiiuh'r his hand certify such copy to he triu' and all ('xpimscs of and attimding the said Ehection ’which tlu' said Ih'turning Officers shall necessarily incur in and about such Election under the provisions of this enactnu'iit or otherwise howsoever shall Ik' defrayed out of the General Revenue under the Warrant of the Governor addressed in the usual mannc'r to the Colonial T'reasim'v.

o3. And he it enacted ddiat the Returning Officer of each ifetmuMi- offiicrtu

Electoral District shall preside at one jiolling place within or alhhted

to his District and shall appoint hy Avriting under his hand a deputy	-‘t otiars.
to act for him and tak(' the poll at each of tlu' otlu'r ])oliing places Providi'd that in the Electoral District of tlu' City of Sydney the Aldermen of the ditl'erent Wards shall he the deputies of the Return­ ing Ofheer nnh'ss prcviaited hy illness or other adi'quatc cause in which case the Mayor of Sydney shall appoint a dc])uty from among- the Councillors of the said City.

.‘>1. And he it enacted That in the City of Sydney every Elector whore i'IlcIuis t,j

shall 1)0 reijuired to A'ote at the polling place for the MTird Avhereiu the property shall he situated iu ri'spect of Avhich his name shall stand on the Electoral Roll hut the registered Electors of other Electoral Districts may vote at any polling ])lace a))])ointed for the Electoral District to Avhich they belong Avliether such polling placc he situate Avithin lluar Eh'ctoral District or not.

3.J. And he it enacted That Avhere the proceedings at an-v- Aiij.minimut or

Election shall he interru})ted or obstructed hy any riot or ojien viohmee Avhether such proceeding shall consist of the nomination of Candidates or of the taking the poll the Returning Officer or his dejnity shall not for such cause ti-rminate the hnsiiu'ss of such nomination or finally close the poll hut shall adjourn the nomination or thi- taddng the ))oll at the ])arfieular polling ])lac(‘ or ])lac('s at Avhich such iuterruption or ohstruction shall have ha})])encd until the folloAving day and il' necessary shall further adjourn such nomination or poll as the case may he until such interruption or ohstruefion shall haA'o ceased when the Returning Officer or his di'puty shall again ])roce<‘d a\ ith llic hnsiness of the nomination or Avilli the taking the ]ioll as the case may he at the place or ])laces at whicli the same respectivi'ly may have heim iiiferrupt(Hl or ohstnu-ti'd and the day on Avhich the business of Ihe nomination shall havi' hixm concluded shall he dei'ined to h;rve lietai the day fixed for the nomination and the coninii'iicement of the ])oll shall he regulated accordingly and any day Avlnu'eto the ])oll shall liave h('cn so adjourned shall as to such ];!ace or places he ri'ckoned fhe day of pollina- at such Eh'ction Avithin Ihe mi'aning (;f this Act and Avlienma'r tlu' poll shall hav(‘ hci'ii so adjouriu'd hy tlii' (Uquity of a Rc'tnrniiig Officer he shall forfliAvilli give notii-e of such adjourmniait to th(' !i(-turning Officer who shall no! finally (hmlari- fhesLafi'oi’thi'

])oll or 1 he naiiK-or names of tin- Member or Mmnhi-rs chosen until the ])oll so adjouriK'd as aforesaid shall have hi'i-n iinally clo.sed and the voting papers delivered or transmifted to such Refurning Officer.

" 5 n— VOL. 3. 3G.

2400 N o. 48. 14'’ VIC. 1851.

Neio Sottth Wales Electoral Act.

Proceedings at 36. And be it enacted That at every poll the voting shall com­ o’clock in the afternoon of the same day unless adjourned hy reason of riot or interruption as liereinhefore provided for and shall be con­ ducted in manner following that is to say—Every Elector entitled to vote in the Election of Members of Council for the particular Electoral District in respect of which such Election shall he held may vote for any number of persons not exceeding the number of Members then to be chosen hy delivering to the Eeturning Officer or his deputy a

Elections. mence at nine o’clock in the forenoon and shall finally close at four

Poll not to extend

beyond one day.

Voting papers.	voting papei' containing the Christian names and surnames of the per­ sons for whom he votes the name of the Elector voting and the name of the place in which the property for which his name appears on the Electoral Moll is situated.
Questions wliicli
may be asked of per­	37. And he it enacted That no inquiry shall he permitted at as follows that is to say the Returning Officer or his deputy shall if he shall think tit or if required hy any two Electors entitled to vote in the same Electoral District put to any voter at the time of his delivering in his voting paper and not afterwards the tbllowing questions or any of them an d no other—
son tendering his	the time of polling as to the right of any jierson to vote except only
vote.

Eirst—Are you the person whose name is signed as A. B. to

the voting paper now delivered in hy you ?

S e c o x i )—Are you tlui person whose name appears as A. B. in the Electoral Roll now in force for this Electoral District l)eing registered therein for property described to he situated in , here specify the street or place described in the Electoral Jioll) ?

Third—Have you already voted either here or elsewhere at

the Election for the Electoral District of -

Eouhtii— Have you the same qualitication same for- which your

name was originally inserted in the Electoral Roll for the District of fspee fying in each case the particulars o f the qualification as described in the RegisterJ ?

Keturning Officer

38. Provided always and he it enacted That the Returning Officer or his deputy as the case may he shall if he think tit or if called upon so to do by any Candidate or his agent appointed by him in writing at th(’ time aforesaid require any person tendering a voting paper to make a solemn affirmation or declaration in the mannei- following that is to say—“ You do solemnly declare that you are the “ same person whose name appears as

tion against bribery*

“ on the register now in force for the Electoral District of

“ (as the case may be) ” And such Returning Officer or his deputy

shall likewise if he shall think fit or if called upon so to do by

any Candidate or hy his agent appointed as aforesaid at the time

aforesaid require any person so tendering a voting paper to make

a solemn declaration against bribery in manner following that is to

say—

may require declara­

Form of declaration.	“ 1 (A. B.) do solemnly declare that I have not received or had “ hy myself or any person whatsoever in trust for me or “ for my use and benefit or for the use and benefit of any “ member of my family or kindred or any friend or “ dependant directlv or indirectlv anv sum or sums of “ money office place of emolument gift or reward or any “ promise or security for any money office employment or “ gift hy way of consideration either expressed implied or “ understood for gnung my vote at tliis Election.”
No person rpalified
to vote until he	39. And he it enacted That no person so re([uired to answer

answers questions. the said questions or to make the said declarations or either of them

shall

1851. VIO. N o. 48. 2401

New South Wales Electoral Act.

shall he qualified or permitted to vote until he shall have answered rncecdmys at

such questions and taken such declarations as the ease may he. S ections.

40. And he it enacted That if any person shall wilfully make a raisn answers

false answer to any of the questions aforesaid or shall willully make a false declaration in manner aforesaid lie shall he deemed guilty of a misdemeanor and on conviction thereof shall sutfer the like penalties as persons convicted of wilful and corrupt perjury.

41. And be it enacted That no Elector shall at any such Election Nootiici oath

he required to take any oath or affirmation except as aforesaid either in proof of his freehold or of his residence age or qualification or right to vote any law or statute to the contrary notwithstanding and no person claiming to vote at any sucli Election shall he excluded from voting thereat except by reason of its appearing to the lleturning Officer or his deputy upon putting such questions as aforesaid or any of them that the person so claiming to vote is not the person whose' name is signed to the voting jiaper tendered hy him or that he is not a person whose name appc!ars on such llcgister as aforesaid or that he has previously voted at the same Election or that he has not the same qualification for which his name was inserted in such llcgister or except by reason of such person refusing to make either of the said declarations.

42. And be it enacted That no A'oting pajier shall be rejected Voting impcrs not to

by the lleturning Officer or Eeputy lleturning Officer for mere Avant o®

of form provided that the name and qualification of the Elector and

the name or names of the person for AAdiom he votes be intelligibly

expressed and in a manner to be commonly understood.

43. And be it enacted That each Deputy lleturning Officer A-oting papers to i)c

shall immediately on the close of the poll collect and seal up all the turninĝ ô ffic°r.̂ ° presided and shall Avith the least dchiy possible deliver or cause the same to be delivered to the lleturning Officer of the Electoral District.

44. And be it enacted That the Eeturning Officer of each xame of person dec-

Electoral District sliall at the idace of nomination and as soon as may k'l

be practicable after the Election shall liaA'c been held openly declare	°	’
the general state of the poll at the close of the Election as the same shall have been made u]i by liim from tlu; A'oting papers so delAered to him and he shall at the same time and place declare the name or names of the person or persons Avho may ha e been duly elected at such Election and in the event of the number of Antes being found to have been equal for any tAVO or more; Candidates he shall by a casting Ante decide AA’hich of the same Candidates shall lx; elected l^rovided
hoAvever that no Eeturning Officer shall Axite at any Election for the
Electoral District of Avhich he is the Eeturning Officer except in the case of an equality of votes as aforesaid.

45. And be it enacted That the name or names of the person or xnme of poison cieo-

persons so elected shall be indorsed on the W rit liy the lleturning

Officer and the W rit shall be by him returned to the GoAnrnor or	’
Speaker as the case may r(;qnirc Avithin the time specified therein.

40. And be it enacted That all A ’oting papers shall be scaled up AViting j.apors to le

by the Eeturning Officer and transmitted to the Clerk of the Legisla- five Council Avho shall safely keei) the same for the period of five years tiic ciorirof tuo V L .1. V T ' 1 4-’ r /- * 1

after the receipt tlu'reof and the sealed packets containing the same shall wpo’shaii keĉ tiie on the outside thereof be descrilicd to be the voting papers of the s'lnn; i'"i fi'o years. Electoral District to Avhich they relate and be signed by the said

Eeturning Officer and in case any (j^uestion shall at any time arise touching any vote alleged to ha e been given at any Election the voting paper containing such A ote shall be received in evidence as proof of such vote in any Court of .lustice or by the Committee of Elections and Qualifications hereinafter mentioned upon production

thf-reof

2402 N o. 48. 14« VIC. 1851.

New South IVales ^Electoral Act.

rrocr.o.din(/s at tlici’coi togetlier with a certificate thereon under the hand of the Clerk

Elections* of the Legislative Council tliat the same was transmitted to liim in due course hy the lleturning Officer of the District to which the same relates.

AVliat filiall t>c

deemed acts of 17. And for the prevention of bribery or corruption at any

bribery.

Election Be it enacted That from and after the passing of this Act all and each of the following acts shall be deemed and taken to be acts of bribery and corruption on the part of any Candidate Avhether committed by such Candidate or by any agent authorized to act for him that is to say the giving of money or any other article Aidiat- soever to any Elector with a \fieAv to influence his vote or the holding out to him any promise or expectation of profit advancement or enrichment to himself or to any of his family or kindred friends or dependants in any shape in order to influence his A'ote or making use of any threat to any A’oter or otherAvise intimidating him in any manner AAuth a vievv to influence his vote the treating of any voter or tlic supplying him with meat drink lodging or horse or carriage hire or conveyance by steam or othcrAvise Avhilst at such Election or Avhilst engaged in coming to or going from such Election the payment to any Elector of any sum of money for acting or joining in any pro­ cession during such Election before or after the same the keeping open or allowing to be kept open any public-house shop booth or tent or place of entertainment Avhether liquor or refreshment of any kind be distributed at such place of entertainment or not the giving of any dinner supper breakfast or other entertainment at any place whatsoever bv a Candidate to an\' number of Electors Aidtli a aT cav of influencing their Amtes Provided always tliat no action or suit shall lie maintainable by any publican or any owner or keeper of any sho[) booth tent or other place of entertainment against any Candidate or any agent of any such Candidate for any liquor food or refreshment of any kind Avhether for man or beast supplied upon the credit of any such Candidate or agent as aforesaid during the progress of any such Election under this Act.

Oomniissiou of act of

bribery to void 18. And be it enacted That the eommission of any one of the

election Ax.

aboA’c-mentioned acts shall on proof thereof by the decision of the hereinafter mentioned Committee be held to render void the Election of the person committing such act and to disqualify him from sitting

and A'oting in the said Legislative Council during the aa Iio I c period

that may intervene betAvecn the commission of the same and the time

of the next General Election.

Principals to be

bound by acts of 19. And be it enacted That the acts of all authorized agents

n gents.	of a Candidate or Member shall in matters connected Avith Elections be held to be the acts of their principal provided that it shall be proA'ed to the satisfaction of the said Committee that such acts Avere committed Avitli his knowledge poAver or consent.
Penalty for couj-

mission of acts cf 50. And be it enacted That any person AAdicther he shall or

bribery. shall not be the authorized agent of any Candidate Avho shall have committed any of the above-mentioned acts hereby declared to be acts of bribei'y and corruption shall be deemed guilty of a misdemeanor and may be indicted for such act or acts in the Supreme Court of the Colony or in any Circuit Court or Court of Quarter Sessions as for a mis­ demeanor and punished Avith a fine not exceeding tvA’o hundred pounds or imprisonment not exceeding six calendar months on the complaint of Her Majesty’s Attorney General or of any registered Elector of the District AV'herein such act of bribery or corruption shall be alleged to have been committed.

Penalty on persons. _ 51. And be it enacted That if any person Avho shall have or rewTr̂ forvoUng OT claim to liavc any right to vote in any Election of a Member or

withholding vole. Members of Council for any Electoral District shall directly or in­

directly

1851. 14'» VIC. N o. 48. 2403

New South Wales Mcctorat Act,

directly ask receive or take any money or otlier reward liy way of g-ii't J'/'ncrrflint/s (if

employment or otlier reward whatsoever for himself or any of Ids

III' eiluns,.

family or kindred friends or dependants as a consideration or induei'- nu'iit (“xpressed im])lied or understood for yivin^’ his A'ote or tor ahstainin" from giving' his vote in any such Election or if any jierson liy himself his friends or hy any person employed hy him shall hy any yift or reward or hy any promise and ai^nx'emcnt or security for any i îft or security for any «'ift or reward procure any jicrson or persons to ^ive Ids or their vote or votes in any such Election or to ahstaiu from ft’ivin^ the same such ])erson shall I'or such olfence forfeit tin' sum ol‘ tifly pounds stiadiny to the person who shall bondJide for ids own use and not eollusively lirst sue for the same to he recovered willi full costs hy action of di'ht, hill plaint or information in the Suprenu' Court at Sydney or in any Circuit Court of the Colony.

52. And he it enacted That every person who shall jioll a second rm, ii,v in- ih.ihm ;: ̂

time or oiler to poll a second time at the same Election for j(]jy	oinc.
Electoral District or Avho shall personate or attemp,t to personate any other jierson for th(' ]mrpose of ])olling' at such Election shall he .̂̂ idll v of a misdemeanor and upon heintij thereof eonvieti'd shall he lined in any sum not exeei'diii”' one hundred jiounds or ho iinjirisoned for ;my ti'rm not more than two years at the discretion of the diulye m- J udt;'es who shall try the easin

53. And he it enacted That no Election for any of the sai l'■iv' y.'’''J''''''’Ty

Electoral Districts shall he held to he void in consequence siihdy (dditmii’ni w^xc. '

any diday in the holdim>' of the Eh'ction at the tinu' appointed or in

lh(' takinp,' of the poll or in the return of the "Writ or in eonseriuenei' ol'

'

any impediment of a mcrc'ly formal nature and it shall be lawful for the Covernor with the advice of the Eveeutive Council to adopt or cause to he ado])ted. such measures as may he necessary for removin'.;’ any obstacle of a merely formal nature hy whicli the due course of any Election may he imjicded Provided that the validity of sucli Election and the measures so taken as aforesaid shall he forthwith declari'd hy the Covernoi' hy a Proclamation to be for tliat purposi' juihlished in tin' New South U'(des Goeernmeut Gazette.

51. And whereas in consequence of tlie great extent of 1 he (uuncii m-v inovrrd

'I’l'rritory of iScw South AVales delays may occur in the return 'd'

AVrits from sonu' parts of the same and hy the non-return of such in is ,m'.u iioent

AVrit or AATats the number of the Council may not, he conqileti'd on ’....

nl Wtit.S.

lh(' day Ardiereon it may he summoned to meet for the dispatch of business and it is e.xpi'dient to remove doubts which niig’lit otlu'rwisi' arise as to the jiowi'r of the said Council iu its inconipiete state to jirocced to business Ee it enactI'd That notw’ithstanding the non-ret uni of any AVrits on or before the day v liereon such AVrits are rctiirnahie the Council shall he competent to pi’oei'ed to business if duly summoned thereto and jirovided tlie number of IMemhers deticient in eoiiseipienee of the non-return of such AATits he not greater than six.

55. And wlu'reas it is expedient to make provision for the determination of all questions as to the validity of any returns made	( f'riiuiiittrr.)
i)V the lleturning Oilicers of the several Electoral Districts and all

questions as to the sulucieney oi tiie (|ualnu‘ntioii possessed hy persons i,y spigiU.M- sni.jrct

ri'turned as Alemhers to serve in the said Legislative Council Be h to (U,y|iii,(r-;a A

therefore enacted That in the iirst Session of every Council and witliin "

'

seven days after the election of a Speaker of the said Legislative Council and in ei'cry suhsequent Session as soon as convimient after the coramenccmcut thcri'of the Speaker shall hy AVarrant under his hand appoint seven Alemhers of the Council who are Avilling to serve and against whose return no Pi'tition is then depending and none of w hom is a Petitioner complaining of any Election or return to he Memlx'i s of a Committee to be called “ The Committee of Elections and Qualifi­

cations ”

2404 N o. 48. 14« VIO. 1851.

Neio South Wales Electoral Act.

Disputed Returns, cations ” and every sucli Warrant shall he laid on the Table of the

(Committee.) Council and if not disapproved hv the Council in the course of the three next days on tvhich the Council meets for the dispatch of business shall take effect as an appointment of such Committee Provided how­ ever that every Member who shall become a Petitioner complaining of an undue Election or return or respecting whose return qualification or disqualiftcation an inquiry is pending shall for the time he dis­ qualified to serve on the Committee.

Proceedings on 5(5. And he it enacted That if the Council disapprove of any

SnciTof'spLkm's sucli 'Warrant the Speaker shall on or before the third day on which

nomination. Council meets after such disapproval lay upon the Table of the

Council a ncAV TVarrant for tlie appointment of seven Members qualified as aforesaid and so from time to time until seven Members have been appointed by a Warrant not disapproved hy the Council Provided however that the disapproval of any 'Warrant may Ide either general in respect of the constitution of the whole Committee or special iu respect of any particular Member named in the 'Warrant and that the Speaker may if he think fit name in the second or any suhsequent "Warrant any of the Members named in any former AVarrant whosi' appointment has not been specially disapproved of hy the Council as aforesaid.

Duration of office

57. And he it enacted That after the appointment of the Com­ mittee of Elections and Qualifications every Member appointed shall continue to he a Member of the Committee until the end of that Session of Council or until he cease to he a Member of the Council or until he

mittee.

Eesignation.

resign his appointment (which he may do hy letter to the Speaker hut which resignation shall not take effect for three days after the receipt thereof nor until the appointment of another Member in the place of the one so resigning) or until the Committee report that he is disabled hy continued illness from attending the Committee or until the Com­ mittee he dissolved as hereinafter provided.

Eesolution of House

to dissolve Com­

58. And he it enacted That if the said Committee at any time report that by reason of the continued absence of more than two of its Members or by reason of irreconcilable difference of opinion it is unable to proceed satisfactorily in the discharg’e of its duties or if the Council resolve that the said Committee be dissolved the same shall he thereby forthwitli dissolved and every re-appointment of the said Committee after the dissolution thereof as well also as every appoint­ ment to supply a vacancy in the Committee by resignation or other­

mittee.

Re-appointmeut.

Avise shall he made by the Speaker hy AA'arrant under his liand laid upon tlie 'fable of the Council on or before the third day on which tlni Council meets after the dissolution of the Committee or notification of the vacancy made to the Speaker (as the case may he) and such war­ rant shall be subject to the disapproval of the Council in like manner as is hereinbefore provided in the case of the appointment of the first Committee and upon any re-appointment of the said Committee the Speaker may if he think fit re-appoint any of the iMemhers of the former Committee who are then ivilling and not disqualified to serve on it and every such neiv Committee or new Member shall have power to take up and continue the business Avhich may have heen pending at the time of the dissolution or vacancy as aforesaid in the same manner as might have been done by the Committee as previously con­ stituted and composed.

Time of meeting'.

59. And be it enacted That the Speaker shall appoint the time

and place of the first meeting of the said Committee and the Committee

shall meet at the time and place so appointed but no Member shall act

Oatli of Committee-

upon the said Committee until he shall have been SAvorn at the Table of the CoiuAcil by the Clerk Avell and truly to try and determine the matter of any Petitions and other questions referred to the said Com­

Members of Com­

mittee

1851. 14'’ VIC. N o. 48. 2405

Neio Sonth TFnles Electoral Act.

mittee and a true judgm(uit to give according to tlic; evidence and Dhputo-d Returns.

{Committee.)

truly and faitlifully to perform the dixti(‘s ap])ertaining to a Member

__

of the said Committee to the best of his judgmejit and ability without

fear or favor and the said Committees shall Jiot bo coni])etent to (Juoudh.

transact any business unless at the least four Members thereof shall

hi' present together.

()0. And be it enacted Tliat thi' said (dmmittee sliall have power to adjourn its sitting from time to time as in its discretion it

— ’

shall think ])ro[H'r provided that the inten al of adjournment shall not

oi iuijonm-

in any instance exceed five days unless by leave first obtained from the Council upon motion (without notice) and special cause assigned for such adjournment and in case four ^Members shall not have met together within one hour of the time appointed for an original or adjouriK'd meeting it shall lie competent to the Members present to adjourn within the limits and subji'ct to the restrictions aforesaid and the said Committee shall select ils own Cliairmau and shall have power Kiection ui eiiaii-

1o regulate the form and manner of its own proceedings provided that such proceedings shall be conducted openly except when the Committei' shall think it necessaiy to deliberate among theniselvi^s after hearing I'vidence and argument if oifered and all questions before tbe Corn-Majority toiieeicn.

mittee shall he decided by a- majority of voices and wheni'ver tlii' voici's

are I'qual the Chairman shall have a second or casting voice and no (

Member of the Committei' shall be allowi'd to refrain I'mm voting on °

any question on nliicli the Committee is divided and the said Com­ mittee shall be attended by one of the Clerks of the Council and such Clerk shall make a M inute of all })roceedings of the Committee in such MinutegoCinoceed-

form and manner as shall be from time to time directed by the said Committee and a copy of the Minutes so kept shall be laid from time to time before the Council.

()1. And be it enacted That the said Commiltee shall have ocnerai jinwerg amt

pocvei' to inquire into and determine upon all election Petitions and upon all questions 'which may be referred to it l)y the Council respect­ ing the validity of any Election or return of a ]\1 ember or JMembers to serve in the said Legislative Council whether the disputes relating to such Elections or returns arise out of an error in tlii' I'oturn of the Pk,eturning OfTiccr or out of the allegation of bribery or corruption against any person concerned in any Election or out of any other alle­ gation calcnlatcd to affect the validity ol‘ such Election or return and also upon all questions concerning the qualitication or disqualilication of any jierson who shall have been returned as a Member of the said Council and in the trial of any such questions the Committee shall lie guided by the real justice and good conscience of the case Avithout i-egard to legal forms and solemnities and shall direct themselves by the best evudence they can procure or that is laid before them Avhether the same be such evidence as the hiAv Avould require or admit in other cases or not Provided hoAvever that the said Committee may receive or reject as they may deem tit any evidence that may be tendered to them.

()2. And be it enacted That the said Committee shall have i'ower» in respect of

))OAVcr to direct the attendance of Avitnesses and to examine theni npoii

oath (avIucIi oath it shall be competent for any Member of the said'vMence.

Committee to administer) and also to send for and examine papers

records and other documentary evidence and it shall be comjK'ient to

tbe said Committee if in its discretion it shall see tit to receive allidavits

relative to any of the matters referred to them taken before any

,)ustice of the Peace (Avhich atlidaA'its such .1 ustice of the Peace is

hereby authorized to take) and if any person summoned by the C o m - f o r coi,.

mittee shall disobey such summons or shall refuse or negiect to pro-Iiesscs.'̂ ̂ '

iluce any papers records or other documentary evidence relating to or

alfecting

240G Ko. 48. 14" VIC. 185 L

New South JFales Electoral Act.

Difipvted Reiurnu,	affecting the matter under investigation which shall haveT3een sent
( ProcetdingH o f

Coiinnittce.) for hy the said Committee or shall refuse to submit himself to exami­ nation or shall give false evidence or prevaricate or otherwise misheliavc in giving or refusing to give evidence he shalFhe deinned guilty of a misdemeanor and he liable accordingly and any person wilfully or knowingly giving false evidence before the said Committee or a quorum thereof or in any such affidavit shall be deemed guilty of wilful and corrupt perjury and sliall be liable to the ordinary penalties for smdi offence.

Powers of Conimiftee

ill respect of incjuiry	(iff. And he it enacted That the Committee shall not have power to inquire into the correctness of the register of any Electoral District or into the qualification of persons wliose votes may on the day of Election have been either admitted or rejected bnt simply into the identity of the voters and whether their A'otes were improperly admitted or rejected assuming the register to be correct and whether any rmters or persons entitled to vote gave their votes under the influence of bribery or corruption force menace or fraud or were pvewented from gi\’ing votes by force menace or fraud and if the Committee shall find any votes or vote to have been given under the influence of bribery or corruption force menace or fraud by or on the part of aiiy Candidate or Candidates or his or their agents or committee men or any of them the same may be taken off’ tbe file of votes and as often as the said Committee shall find any voter to have been prevented from voting by force menace or fraud by or on the part of any Candidate or Candidates or his or their agents or committee men or any of them it shall be competent to the voter so pi’cvented from voting to tender his vote before the said Committi'e and such vote shall be taken accordingly and on reckoning the votes received for any or either Candidate such votes so rejected or received shall be taken into the account accordingly by the said Committee.
astoimlivldnnl votes.
Decisions oi’ Com­
mittee anti tlieir	Of. And be it enacted That the said Committee shall deter­ mine finally on all questions referred to them and if the said Committee shall determine and report to the Council that a person was not duly elected who Avas returned as elected by the lleturning Officer the person so declared not to be duly elected shall cease to he a Member of the said Council and if it shall determine and report any party to lia e been duly elected A v h o was not returned by the Returning (Jfficer the person so declared shall upon making the declaration required by laAV as to his qualification be SAVorn a iifemlier of the said Legislative Council and take liis seat accordingly and if tlic said Commil tee shall declare any Election to have been Avholly void or sliall (h'clare any sitting Member to be unqualified or disqualified it shall he hiAvful for the Speaker to issue a ncAv Writ for the holding of another Election and the person thereafter elected and duly returned shall be
etfect.
C'ommittce in.ay
report to tlie Council	tbc Member for the Electoral District concerned and if the said Cora-
tlicir resolutions	mittei! shall come to any resolution other than the determination
upon (Otlier inutters.	aboAm mentioned they shall if they think proper report the same to the Council ibr its opinion at the same time that they inform the Council of such determination and the Council may confirm or disagree Ai itli such resolution and make such order thereon as to it shall seem ]>roper.

KlecUnn PctUiorif!. (io. And bo it enacted Tliat all Petitions complaining of an

Aiaiim viuirci!!!’of uiiduc Election or return of a Tl cmber to sciwe in the said Conncil or Cetitiun aioiinst comnlaiiiiug that no return has been made according to the requisition

" ' of the Writ issued for the Election of a Member to serve in the said Council or coinjilaining of any special matter contained in any such return shall bi' subscribi'd by some ])crson Avho voted or had a right to vote at the Election to Avhich the same relates or by some person or ]K‘rsons claiming to have had a right to be returned or elected thereat

or

1851. 14̂ ' VIO. N o. 48. 2407

Neio Souilt JFales Electoral Act.

or alleging' liimsclf to have heen a Candidate at the Election and shall	p.VdionH.
in the case ol‘ a General Election he address(Hl to the Governor and in	'
the case of Elections to snp])ly vacancies shall he addressed to the S))caker of the said Conncil and shall he presented to the said Governor or Speaher as the case may ho vithin four Avoeks after the day of tin* ri'turn of th e AVrit to Avhich any such Petition sliall relate :md every such Petition shall he forthwith notified in the (Jooernment Gazette and shall as soon as conveniently may he after such presentation be laid hy the said GoA'crnor or the said Sjjcakeras the case may he before the Ijegisiativc Council and slmll hy the said Conncil h(' referred to the “ Committee of Elections and (inalitications” either forthwith or as soon as the said ('ommittee shall have heen duly aniiointed and confirmed.

GO. And he it enacted That it shall l;e competent to the said Comuii mn,v lefcr to

Legislative Council upon ;iny Petition suhscrihed as aforesaid ancl complaining of the insutiieieney of the (jualitication of :iny klemher and presented to the Speaker at any time Avil hin six montiis a.fter sueli t\1 ember shall have suliscrihcd the declaration required hy hiAV to he made hy him in his place in tlie said Legi.^kativc Council touching his (lualilieaiion to refer the said Petition and the question thereby raised to the said Committee and sliall also lia\'epow('r upon tlie like Petition to refer to the said Committee all (piestions respecting bribery or corruption alleged to have been committed at: any Election at any time within twelve months after such Election notAvithstanding that the period in ('ither of the ahoA'e cases shall have elapsed for a Petition against the said Election or the j'cturn thereof according to the pro- vision.s liereinhefore in that behalf contained.

G7. And he it enacted That before ]>resenting any .such Petition n('p.̂ sit I’m costs rf

as afore:said to the said Covernor or Speaker the ])erson or persons by Avhom the same shall he suhscrihed shall ])ay into one of the hanks regulated hy Act of Council within the said Colony or into a branch of one of such hanks a sum ol' one liundred pounds to the cnalit of the Speaker of the Legislativi' (’ouncil in relation to the said Petition Avhich said sum shall he ])ayahle toAAXirds the costs of the I’etition as hereinivl'tei' regulated and shall ho liable to he AvithdraAvn iqion tlu' order or ordei-s ol'the said Sj)(!aker cither for ilu ̂])ur])os(A of such pay­ ment or for the ymrposi' of restoring the same to the ikdiiioner or Petitioners Avholly or in iqari as the case may require.

0!̂ . And h('it enach'd 'I'hat any ])erson avIio voted or had a right to vot(' at the Election toAvh.ich any Pei it ion. relates may ])etition '“ ‘.v i»‘iiea.d

tu

the Legislative Conncil to he admitted as a ])arty to defend the return or to oppos(' the prayer of such Petition or support the said Petition in case th(! sanuA shall he abandoned hy tlu! pei'son by Avhom t he same was ])resented and such j)crs(;!i shall therenpon he admitted as a party to defend such return or oj)])ose the prayer of such Petition or support the same as the ease may he.

Gt). And he it enacted 'I'hat the Petitioner mav at miv time AVi'.ii.hawai (.i rai after the pri'sentation of his Petition Avithdraiv tlie same iijion giving

notiei' under his hand or that of his agent to the Speaker and also to

the sitting T\1 ember or his agent andt also to any party Avho may have

heen admitted to dei'end the return th.at it is not intended to jiroceed

Avith the Petition and in such ease the l^elitioner shall he liable to the	iiioreo,,.
payment of such costs and exjienses as hau' heen in-curred hy the sitting aieniher or other pai'iy complained (d' in such Petition and also hv any ])arty admitted to ojipose th.r- prayer of such Petition to he taxed as hereinafter provided.

7G. And he it en.aetedi 'I'hat Avhenever tlie Committee shain'i'''<'’g'';

report to the Council th.at a Petition so refei'redi to them Avas t'rivolous

or vexations the ])arties if any (to he nanu'd by the said Committee) Avhohave appeared before the Committei' in opposition to such Petition

0 c—VOL. shall

2408 N o. 48. 14̂ ’ VIC. 1851.

Neio South Wales Electoral Act.

Election PetUionH. shall he entitled to recover from the persons or any of them (also to he named by the said Committee) ■\vlio subscribed such Petition the full costs and expenses which such parties have incurred in opposing the same and Avhenever the Committee shall report to the Council that the opposition made to any such Petition hy any party (to bo named by them) appearing before them Avas frivolous or vexatious the persons Avho signed the Petition shall he entitled to recover from the party AA'ith respect to Avhom such report is made the full costs and expenses Avhicli such

Costs of unopposed	Petitioners liave incurred in presenting their Petition and whenever
Petition where elec­
tion or return v(*xa-	no party has appeared before the Committee in opposition to the
tious or frivolous.	Petition and the Committee reports to the Council that the election or return or the omission or insufELciency of a return complained of in such Petition Avas vexatious or corrupt the persons avIio signed such Petition shall he entitled to recoA'cr from the sitting Members or Member (if any) Avhose Election or return is com])lained of (such Members not haAung giAxm notice as aforesaid of their intention not to defend the same) or from any other persons admitted hy the Committee as aforesaid to oppose such Petition the full costs and expenses Avhich such Petitioners have incurred in presenting the Petition.

Costs upon frivolous	71. And be it enacted That if any ground of objection be stated
objection to indi­

vidual voters.	against any individual voter and the Committee ho of opinion that such ohjection Avas frivolous or vexatious they shall report the same to the Council together Avith their opinion on the other matters relating to the said Petition and the opposite party ( avIio shall be named by the Committee) shall in that case he entitled to recoA'cr from the party onAvhose behalf any such ohjection Avas made (Avho shall also be named hy the Committee) the full costs and expenses incurred hy reason of such frivolous or vexatious objections and if any person shall make before the said Committee any specific allegation Avith regard to the
Costs occasioned by	conduct of either party or his agents and either bring no evidence in
unfounded specific
allegations.	support thereof or such evidence that the Committee is of opinion that such allegation Avas made without any reasonable or probable ground the Committee may make such orders as to them shall seem fit for the payment hythe person making such unfounded allegation to the other party of all costs and expenses incurred hy reason of such unfounded allegation.
ascertained.
Costs liow to be	72. And he it enacted That tlic costs and expenses Avhich may become payable under the proA'isions of this Act hy any party prosecuting or opposing or preparing to oppose any Petition under the provisions of this Act or to any Avitnesses summoned to attend before the Committee under the provisions hereof shall be ascertained by the said Committee Avho shall upon application made to them deliver to the party ('ntitled to such costs and expenses a certificate thereof signed by the Chairman of the said Committee expressing the amount of the costs and expenses allowed with the name of the party liable to pay the same and the name of the party entitled to receive tlie same and such certificate shall be conclusive evidence for all purposes Avhatever as Avell of the amount of the demand as of the title of the party therein named in that behalf to recover the same from the party therein stated to be liable to the payment thereof.
Kecovery of costs.	7b. And be it enacted That the Speaker may by order undi'r his hand direct the payment of the said sum of one hundred pounds deposited according to the provisions hereinbefore contained or a sufhincnt portion or proportionate part thereof to any party or parti(\s Avho by such certificate shall appear to be entitled to recover eosts and expenses against the person or any of the persons by Avhom sucli deposit Avas made and the party entitled to any such costs and expenses under such certificate 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

1851. W VIC. N o. 48. 2409

Neiv South TFales Electoral Act.

tho same and if tlie party lialile to pay sueli c-osts and expenses sliall j-:i<cUon raiUon.̂ .

not upon demand being" made within seven days thereafter pay tlie

same the Speaker shall hy AVarrant under his hand directed to the rropoitimiiitc

Sheriff of tho said Colony command the said Sherilf to levy for the

amount named in such Warrant iqion the lands and tenements goods

'

and ehattids of the party liahle to pay the same and thereupon the said Sherilf shall forthwith levy for the said amount and when tlie same shall he recovered pay over the same to the party entitled thereto and any person from n horn the amount, of such eosts and expenses shall have been recovered or Avho shall have paid the same on demand thereof shall he entitled to recover in any Court of competent jurisdiction from the other persons (if such there he) who are liable to the jiayment of the same a jiroportionate share thereof according to the number of persons so liable and according to the extent of the liability of each person.

7 t. And he it enacted That if any Iti'tui'uing OfUcer or any renaiiy lur nuKioct

Deputy lleturning Oflieer after having accepted otlice as such or any Mayor Alderman Assessor Magistrate or Police Magistrate shall wilfully neglect or refuse to perform any of the duties \\ liich hy the provisions of this Act he is required to jicrform every such Hc'turning Otiicer Deputy Returning (ttheer Mayor Alderman Assessor Magistrate or Police Magistrate shall for every such otfeiu'C forfeit and pay any sum not less than fifty nor exceeding two luiiidred poi'iids and in like manner if any Town Clerk Chaiv of Petty Sessions Collector or any other offu'cr or person shall Avilfully neglect or refuse to perform any of the duties Avhich by the provisions of this Act he is rc([uired to uerforin cverv such Town Chvrk Clerk of Pettv Sessions Collector or I t . t/ ^

other otiicer or person shall for every such olfence forfeit and pay any sum not less than tAventy and not exceeding titty peumds the said penalties to he recovcrtal u ilh full costs of suit by any person who shall siu; for the same wit hin three calendar months after the com­ mission of such otlence hy action of debt iu the Supreme Court at Sydney or in any Circuit Court of the Colony and the money so recovered shall after payment of the costs and e.x2)onses attending the nxan'cry thereof he paid and apportioned as follows that is to say one moiety thereof to the person so suing and the other moiety thereof to Her Vlajesty Her Heirs and Successors for the public uses of the said Colony and in support of the Covernment tluu'eof to be ap]Ali('d thereto as may be directed by any Act or Acts of the Governor and Legislative

Council tluu'eof Provided nc'verthelcss that it shall he lawful for the Oovcmoimaymiti

Governor (uther to mitigate or wholly to remit, any such penalty or'pe,\iiity.' ' * forfeiture.

75. And he it enacted i ’liat when any matter or thing shall

directed hy this Act to ho pc'rformed on a certain day and tliat day i„, ..u th. iiiy

happen to be Sunday Good Priday or Christmas Day the said matter	‘"s-
or thing shall he performed on the next succeeding day.

7(). And he it enacted That Avhenever any person is sued iu (iencnii issiaa

res'])ect of any thing done in ]>ursuance of the proArisions of this Act it shall he compi'tent for him to i>lcad the general issue and to give the s])eci;il matter in evidence.

77. And be it enacted That AAdiencAmr the Avord “ Governor” is intciiHcCitioji.

usial in this Act tlic sanu; shall be held to mean the Governor or ])(!rson administering the Government for the timclieing and Avlumever the AVord “ Speaker ” is used the same shall be held to mean the Speaker of the Legislative Couu(‘il for the time being and Avhercv(̂ r in this Act words are used importing the s ̂ ascu- line gender the same shall Ix̂ held to imply several persons or things :;s Avell as one person or thing and females as Ai ell as males unless there be sonudhing in the con text repiujnant to this construction.

■ 78.

1851. VIC. N o. 48. 2415

A^etc South Wales Electoral Act.

Burnett—Bounded on the soutli by the range dividing the waters of the Rivers IR’isbane and Burnett from “ Jemma” to the great dividing range and separating tliis district from that of Moreton on the west by the great dividing range to the source of Palm Tree Creek separating this district in part from that of Darling Downs on the north by Palm Tree Creek to the River Dawson by that river to a. point duo west by compass from the northernmost source of the River Burnett by a line to that source and by the range forming the nortliern watershed of the River Burnett to a point due north by compass from the point where the range forming the western watershed of the seven liills or Dogilba Creek meets the River Burnett and on the east by a lino to that point by the last-mentioned lainge and by the range dividing the waters of the River Burnett from those falling to "Wide Bay and the sea coast south thereof and separating this district from that of Wide Bay.

Scliedule A.

Mar.VNO.-v—Bounded on the south by the surveyed and marked track from the River Bar- wan to Johnston’s station called Cunningundi on the River 3Iooni on the west thence b}̂ that river upwards to wliere the said marked track leaves the iMc)oni thence by that track to Ht. George’s Bridge on the River Baloune thence by the Balouue to the confluence of the River Maranoa and by the Maranoa to the confluence of the River Amby on the north by the River Amby to its source in Mount Bindango thence by a line across the Pits Roy Downs to iMount Beagle thence by a line across the same downs to the highest summit of the Grafton Range and thenc( ̂by a line east (by compa.ss) to Tanning Creek on the east by Tanning and Dogwood Creeks to the Balonne and thence by a line south (by com])ass) to the River Barwan (known also as the Karaula or 3Iacintyre) and again on the south by that river downwards to the point whore the surveyed track afore.said crosses it at a tree marked No. 87.

23.    The Electoral District o f the C it y op S y d n e y .

The space contained within the jirescnt boundaries of the Town of Sydney as defined in a Government Notice dated Gth September 183d and published in tlie Goccrnmnit Gazette of the l l t l i of that month—to wit “ Bounded on the nortli by' the waters of “ Port .Jackson from a landmark at the head of Blaokwattle Bay to Rusheutters' “ Bay on the east by the stream entering Rusheutters’ Bay’ tti a bridge on the “ 8outh Head Road at the north-west corner of Sydney Common and by the western “ boundary of that common to a road extending westward to the back of (Jeveland “ House on the .south by that road and its western fence prolonged to a landmark

on the road to Cook’s River on tin! west by the western side of the road to Cook’s

“ River and that line prolonged to the landmark at the head of Blackwattle Bay.”

24i. The Electoral District o f the Sy d n e y H a m l e t s .

Glebe—Bounded on the east by part of the west boundary of the City of Sydney being the prolongation of the western side of the Cook’s River Road from the Parramatta Road northerly to a landmark at the head of Blackwattle Bay on the north and west by that bay the waters of Port Jackson and Johnston’s Creek upwards to the Orphan School Creek on the south by that creek upwards to the Parramatta Road and by that road easterly to the city boundary aforesaid.

Camperdown—Bounded on the nortli and east by the Orphan School Creek from Johnston’s Creek upwards to the P’'arramatta Road by tliat road westerly to the western boun­ dary of Grose Farm and by that boundary southerly to the south-western corner of that farm on the south by an allotment boundary line westerly to the western boun­ dary line of the Camperdown Estate and at right .angles to it and on the west by that bound.ary line northerly to the J’arramatta Road by that road westerly to Johnston’s Creek and by that creek downwards to the Orphan School Creek aforesaid.

O’Connell Town—Bounded on the south by the Newtown Road from the western boundary lino of the Camperdown Estate easterly to Grose Farm on the east by one of the western boundary lines of Grose Farm northerly on the north by a southern boun­ dary line of that farm westerly to its south-west corner and by an allotment line fn in that corner westerly to tlic western boundary lino of the Camperdown Estate and at right angles to it and on the west by that boundary line southerly to the Newtown Road aforesaid.

CnirPENDALE—Bounded on the south by the south boundary of the Chippendale Grant crossing the Botany Road to Botany-street on the east by Botany-.streot northerly to the city boundary in Cleveland-stroet on the north by that boundary westerly along Cleveland-street prolonged to the western boundaries of the Chij)])ondale Grant and on the west by these boundaries southerly to its south boundary afore.said.

R edfern—Bounded on the west by Botany-street from Clevoland-strcet .southerly to the .southboundary of the Redfern (i rant on the south by that boundary easterly to Elizabetli-strcet South on the east by that street northerly to the city boundary in Cleveland-street on the north by that boundary westerly along Cleveland-street to Botany-street aforesaid.

5 D—YOL. o. Surry

2416 N o. 48. 14 ̂ VIC. 1851.

Neio South. JVides Electoral Act.

Hchedule A. SuRUY HiLLS—Bounded on the east by Dowling-strcct from the city boundary in Cleve- land-street southerly to the southern boundary line of E. S. Hall’s 185 acre Grant on the south by the southern boundary line of that grant westerly to Elizabeth- street South on tlie west by Elizabeth-stroet South northerly to the southern boundary lino of the City of Sydney in Cleveland-street and on the nortli by the southern boundary lino of the City of Sydney along Cleveland-street easterly to Dowling- street aforesaid.

----

P.4DDINGTOY—-Bounded on the west by the east boundary of the City of Sydney being “ the stream entering Rusheutters’ Bay to a bridge on the Old South Hoad Hoad at “ the north-we.st corner of Sydney Common” on the south by the Old South Head Road extending eastwards to the Point Piper Road on the east by that road to the New South Head Road by that road to the prolongation of ’William-street in the Village of Double Bay by that prolongation to the bridge over the stream entering the east side of Double Bay and by that stream to Double Bay and on the north by the Waters of Port Jackson to the east boundary of the city aforesaid being the stream entering Rusheutters’ Bay.

St. Leon.vrds—Bounded on the east by the stream entering Neutral Ilai'bour being the western boundary of A. Thrupp's 700 acres and by the continuation of that western boundary northerly to Ernost-street on the north by Ernest-street westerly to "West- street on the west by that street .southerly to Edward 'Wolstoncroft’s 524 acres and by the eastern boundaries of that land to the waters of Port Jackson and on the south by those water.s to the stream entering Neutral Harbour aforesaid.

Balmatn—Bounded on the north-west by Church-street from "Waterview Bay south-westerly to the south-west side of Spring-street on the north-east by Spring-street south­ easterly to College-street again on the north-w'est by College-street south-westerly 5 chains and 50 links then again on the north-east by a line at right angles to College-street south-easterly to William-street then on the west by a line south to the south side of Darling-street (or the main road to Sydney) thence on the south by the south side of that street or road easterly to the north-west corner of A. W. Young’s land thence on the west by the western boundary line of that land .southerly to the waters of Johmston’s Bay on the south by the waters of Johnston’s Bay on the cast by the waters of Darling Harbour on the north by the waters of Waterview

' Bay to Church-street aforesaid.

25.    The Electoral District o f the Town o f P a r r a m a t t a .

Commencing at a stake on the northern side of Parramatta River nearly opposite the mouth of Clay Cliff Creek from this point a straight point up the Orphan School Road to a marked grey gum tree on the northern side of the Ki.ssing Point Road being a line bearing north 1 degree ŵ cst 55 chains 30 links from this tree a line to a stake on the western side of the Windsor Road near fo the Darling Mills Bridge being a line bearing west 18-i degrees north 124 chains 40 links from the aforesaid stake a lino to a largo dead stump on a hill to the west of the Old Mill being a line bearing south 34 degrees west 24 chains 50 links from this stump a lino through the Domain to a post of a small bridge situated to the west of the Governor’s stables being a line bearing south 2;| degrees 75 chains 70 links from this ])ost a line to a dead stump ou the south side of the Bathurst Road and tvest of the Toll House being a line bearing .south 20 degrees east 40 chains 90 links from the aforesaid dead stump aline to a stake on the top of the ridge at the western fence of the Racecourse being a line soutli 21 | degrees we.st 40 chains 50 links from this stake a line across the Sydney Road to a stake near tlie Constable’s Hut formerly the Toll House being a line bearing cast 19^ degrees nortli 40 chains from the latter stake a lino running along the ridge across Dr. Harri.s’s ground to a stake on the outside of a fence that crosses a small dry watercourse situated to the west of Mr. Macarthur’s residence being a line bearing oast 28^ degrees north 56 chains from this stake by the water­ course to Clay Cliff Creek and by Clay Cliff Creek to Parramatta River nearly opposite to the commencing point.

26.    The Electoral District o f the C u m b e r l a n d B o r o u g h s .

W indsor—■Commencing at the point where the western side of Palmer-street meets South Creek and bounded thence by South Creek to a stake situated on the bank of the creek to Fitzgerald's farm from this stake by a line bearing west 91 chains to another stake from this by a line passing the north fence of land belonging to the Benevolent Asylum bearing west 34 degrees north 52 chains 80 links to a marked dead stump on Rickaby’s Creek from this stump by Riekaby’s Creek to the Havvkesbury River by the Hawe.sbnry River to the point where the western side of I’alnier-strect meets that river and thence by the western side of Palmer-street to South Creek aforesaid.

Hioiimond—Commencing at a marked post at the south-w'cst corner of Wm. Townsend’s land from thence along Wilson’s fence to the .southern (‘orner post being a line bearing .̂ outh 27 degrees w'est 12 chains 12 links from thevu-o a line to the south-east corner of the Catholic Burial Ground allotment being .south .35 degrees 3 minutes west 29 chains 10 links from thence to the north-east corner post of the fence of Luttreir.s 400 acres being a line bearing .“outh 62 degrees 9 minutes west 19 chains

" ̂ 66

1851. 14 ̂ VIC. N o. 48. 2417

Ncio South Wales Electoral Act.

(3G links from thence along the fence dividing it from the road to Penrith being a	Schedule A.
lino bearing south dS degrees llO minutes west f)5 chains 27 links from thence along the fence dividing it from the Common to the corner post on the south side of tlie

■ road to the Ivurrajong being a lino bearing west 40 degrees north 81 chains 75 links from thence a line crossing the road and along a fence as far as it goes and tlien a continuous line to a stake on the west side of Pugh’s Lagoon bearing north -'iS degrees 10 minutes east 70 chains 30 links from thence a lino across the lagoon to the commencing corner post bearing east IG degrees soutli 86 chains 70 links.

L iverpool—Commencing at a stake near a marked corner post of S. Lloyd’s fence upon Brickmakers’ Creek from thence along the fence to the Sydney Koad and thence a continuous lino to a stake bearing east 13 degrees 30 minutes north 80 chains 30 links from thence a line easterly to Chijipendalo’s fence and along that fence to tlu' river being south 1 degree 54 minutes east 48 chains 95 links from thence along the river to a marked stump .situated in Chipp's (!rant from thence a line bearing we.st 70 chains 50 links to a stake on Brickmakers’ Creek in iMaria Lock’s Grant and from thence along Brickmakers’ Creek to the stake at the point of commencement.

Ca .MPHELL Town—Commencing at a marked post situated by a small bridge on the high road from Sydney north-easterly of Graham's Inn being a line bearing east 49 degrees 15 minutes south 59 chains 45 links to a marked post near the eastern corner of the Campbell Town reserve from thence by a line bearing south 44 degrees 35 minutes west 35 chains 45 links to a marked post near the .southern corner of iJie Carajibcll Town Reserve from thence by a line bearing west 3 degrees north 47 chains 60 links to a marked post on the western side of the Appin Road from thence by a line bearing west 42 degrees north 26 chains to a marked post near the junction of the roads leading to the illenangle and Cowpasture Fords from thence by a. linn bearing north :!8 degrees east <i8 chains 35 links to a marked ])ost on the northern side of the continuation of the street which extends along the north-eastern, boundary of the Campbell Town Reserve and from thence by a line bearing cast ]!■ degrees 20 minutes south 11 chains a.nd 40 links to the aforesaid post on the high road from Sydney.

P enrith—Bounded on the north by a line parallel to and 6 chains north of the (.Ireat Western Road on the east by the east boundary of John McHenry’s 160 acres and its southerly continuation ou the south by a line parallel to and 6 i-hains south of the Great 'Western Road and on the west by the Nepean River.

27. The Electoral lYislrict o f the W esteiin B ouougii.s.

Bathurst—Commencing at the north-east corner on the illacquarie River where the northern side of Hope-street joins that river and bounded northerly by that sidi' of Hope-street bearing south 4l-b degrees west to its inteivsection with the western side of Lambert-street westerly by the western side ('f that street being a line bearing south 48-b degrees east to its intersection with the southern side of Seymour- strect and southerly by the southern side of Seyniour-strcct being a line l.icaring north 41^ degrees east to Queen Charlotte’s Ponds and then by a lino in the same bearing to the Macquarie River and by that river downwards to the north-east corner as aforesaid.

K el.so—blommencing ou the 3[acquarie River at the north-west corner of an allotment granted to .lohn Cooke and bounded .south-easterly by a line bearing east 30 degrees north 70 chains north-ea.sterly by a line bearing north 29{- degrees west 131 chains north-westerly by a line bearing west 35 degcccs south 80 chains 33 link.s to tin' .'Iac(|uarie River and south-\c(‘sterly by that river upwards to the north-west (orner of the allotment granted to .lohn Cooke as aforesaid.

C.\RCO-U!—Bounded on the north by Rothcry-street on the west and south by the Bclubuia River r.nd on the east by Gombalhi-street.

28. The Electoral D istriet of the Solthlux B ohougiis.

Goulburn—Commencing at the Mulwarree Ponds and bounded thence on the north by the north-east side of Mayo-street to Lagoon-street by the north-we.st side of Lagia.m- street to the eastern boundary of AVilliam Bradley’s 84 acres and by the boundary of the town reserve westerly dividing it from that 84 acres William Bradley’s two portions of 100 acres William Lithgow's 100 acres and AFilliam Bradley’s 100 acres to the western side of Dcccan-street ou the west by the western side of Dcccan-strcet to the north boundary of W. H. Broughton's 600 acres on the south by the boundary of the town reserve dividing it from that 600 acres to the Mulwarree Ponds and on the east by the Mulwarree Ponds to the north-east side of Mayo-street aforesaid.

Q u e .VNBEy a n —Bounded on the north by .1. B. Bossley's 1050 acres (from which it is partly

divided by the Queanbeyan River) on the east by .1. B. Bos.sley’s 640 acres on the south by A. T. Faunce’s 810 acres and Charles Campbell’s 1057 acres and on the wc.st by Robert Camyibell’s (i-̂ enior) 1040 acres.

Braidwood—Bounded on the north by 1). BlcKellar’s 1120 acres on the east by T. B. Wilson’s 2560 acres on the south by .lohn Coghill’s 5600 acres and on the we.--t by the Church and School .Estate.

Y .\SS— Bounded on the north by part of L. AV. ReddaU's 1920 acre.s on the c a s t by the

Ya. .-- River and Henry O’Brien’s (ioO aciTs on the south by Hamilton Hume’s 957 acres and on the west by .lohn Hanley's 10 acre.-, tin so\o'IiitI v extension of its cast boundary and by I'homa.- Me. han . !-40 .n-i- -

' ' 2H.

2418 N o. 48. 14*̂ YIO. 1851.

New South Wales Electoral Act.

Schedule A« 29. The Electoral District o f the N orthumberland Boroughs.

Morpeth—Bounded on the north by the River Hunter on the cast by the line dividing E.

►	Hunter thence on the south by a line bearing west 100 chains and on the west by a
Close's 2000 acres from J. Kelly’s 300 acres to a point 1 mile south of the River
line bearing north to the River Hunter.

E ast Maiteand—Commencing at the north-west corner of Goldonham’s 500 acres and bounded on the south by his northern boundary lino bearing cast then by its con­ tinuation as the northern boundary of a portion of 320 acres reserved for the extension of the town and further easterly at the northern boundary line of Davis’ 200 acres to the north-eastern corner thereof on part of the cast by a lino bearing north about 100 chains on part of the north by a line bearing west to a southerly continuation of Eckford’s eastern boundary lino on the remainder of tlie east by that continuation and by the .said boundary line bearing north to his north-east corner again on the north by Eckford’s northern boundary line to the river and on the residue of the north by Hunter’s River to its confluence with Wallis’ Creek and on the west by Wallis’ Creek southerly to the north-west corner of Goldcnham’s 500 acres as aforesaid.

West Maitland—Commencing at the River Hunter at the confluence with the river of a creek dividing the allotments of Hall and Balcot and bounded on part of the north by that creek .so far as it boars westerly thence by a continued west line to the south-west corner of Hall’s allotment on the west by Balcot’s western boundary and its southerly continuation to P. F. Campbell’s northern boundary line again on the north by that boundary line bearing west to its north-west corner again on the west by the western boundary line of Campbell and Luke Ralph’s lands to the north-west corner of .J. T. Hughes’ 4 acres on part of the south by the northern boundary line of that land bearing cast to Swamp Creek on the remainder of the south and part of the cast by that creek to its confluence with Wallis’ Creek and thence by Wallis’ Creek to its own confluence with the River Hunter and on the residue of the cast and north by that river to it.s confluence witli the creek dividing the allotments of Hall and Balcot as aforesaid.

30. The Electoral Distriet o f the N orth-Eastern Boroughs.

Newcastle with Stockton—Commencing at a point where Brown-street meets the River Hunter and bounded on the north by that river to the sea on the cast by the South I’acifle Ocean to a point in a lino with the south side of Church-street on the south by that line and the south side of Church-street to Brown-street and on the west by the west side of Brown-street to the River Hunter aforesaid also bounded on the north by the north boundaries of A. B. Spark’s 50 acres and A. W. Scott’s 50 acres on the west and south by the River Hunter to the sea and on the cast by the South Pacific Ocean.

R.VYMOND Teru.\ce—Bounded on the north by Bennett’s 100 acres on the cast by Rd.

Windeyer’s 1208 acres on the south by part of A. Windeyer’s 8(34 acres and by

T. Grraham’s 640 acres and on the west by the River Hunter.

31. The Electoral District o f the Stanley Boroughs.

North Brisbane Solth Brisbane & K angaroo P oint—Commencing on the Brisbano River at the mouth of a small gully opposite Kangaroo Point and bounded on the north by a line bearing west 91 chains 50 links on the west by a line being 40 chains west from the centre of the Windmill bearing south 45 chains 70 links to the Brisbane River prolonged across that river and thence south CO chains on the south by aline bearing east 140 chains on the east by a line bearing north 49 chains 10 links to the Brisbane River by that river upwards to the termination of the road running through Kangaroo Point and thence by a straight line across the Brisbano River to the point of commencement.

I pswich—Commencing at the north-west corner 55 links west from a gum tree marked on four sides at the junction of the Mehe Creek with the Bremer River and bounded on part of the north by a line bearing east 71 chains 5 links to a stake on the Bremer River bearing 1 18 degrees and distant 21 links from a gum tree marked on four sides on the remainder of the north by the north bank of the Bremer River down­ wards to a large gum tree marked on four sides thence on the east by a line straight across the river bearing south 42 degrees west to the termination on the opposite bank of the west side of a road in the eastern suburbs and further by the southerly extension of said road 167 chains 60 links to a stake on the top of a moderately bold ridge distant 21 link.s from a dead ironbark tree marked on four sides bearing south 34 degrees 40 minutes east on the south by a lino bearing west 83 chains 65 links to a stake on Deebing Creek 30 links from a largo gum tree marked on four .sides at the junction of a small watercourse bearing south 22 degrees 30 minute.s west on the west by Deebing Creek downwards to its confluence with the Bremer River and by that river downwards to the junction of Mehe Creek as afore.said.

SCHEDULE

1851. 14*̂ YIO. N o. 48. 2410

Ncio South JFidcs Electoral Act.

SCHEDULE D JlEEEllUED TO IN THIS ACT. Sdicdiilc 13.

I ’OLLING P L A C K S.

ELECTOKAL DISTRICT. POLLING PLACES.

1, ( ‘oulity of Argylc . . .. Goulburn and Alarulan.

2. County of Bathurst . . . . Batluirst Ca.rcoar Guyong Canowindra Orange and Blayney.

J. Kastcru Division of tlio County 1 AA’ollongong Klama and the Police OITico Shoalluiven.

of Camden . . ..

■1. AWstcni Division of the Count 11 Ijcrrima Pieton Camden.

of Camden . . .,

o. TIkj United Counties of Cook at North Jii(’hm"nd

and Wcst.Horcland .. . .; and Willierforce. lm“V r uTamatta A wn Livcrjvio] PeiirUli

G. The County of Cumberland a:id 8t. Leonards.

7. Tlie County of Durham I f l ’atorson nunp;i>g ^lerton Muswell Brook Last Afaitlainl Sini;ldtou

" \ and Jerry’s Plains.

8. 'J'he United Counties of (Jiou- ( Kaymond Terrace Duii'^o: ̂Stroud A[anniiip: Piver fat Îr, Iio\vley’s

cester and Macquarie . . .. ) BiiiiLtny Buu<30iy) Port Macquarie and lveiii})S(‘y.

a. ’J'he United Counties of K ins r.inda liurrowa Carcoar mid liatlmrst.

and (.tcorgiana .. ..

10.  The United Counties of Murray |Vass Queanbeyan Brnidwood Bungendore Brouh'o Ull 'didla

and St. V incent.. . . .• ( Jervis Bay and Sliualhavcn.

tliumherland and Hunter t Creek.

12. ’J'he United CouutiiiS of T’liillip ( JIudseo iilerton JJuswell Brook Scone Jlurninuuli Cassilis .end

ISrisbane .'iiid Blish . . .. ( Montefiores.

13. 'I'lio United Counties of Box- (H.'U'tlev Bathurst Kj’alstone JIudgee Wellinston Oranse ,'uid

hurgli and W ellinston.. . . l \ Moloiis.

11. ’Ihe County of St.anley ..I Brishanc l))swieli mid Drayton.

].). ’riicBastoralDistrietofMancroo' Goulburn Kden C'ooiaa and Buinbala.

n'iinb\d-oe™' district of Jlur- ̂ ) Gimdasai -Vllmry Wagsa Wagga Moulamein mid Vass.

17. Tlie United Pastoral Di.stricts o f t 1 Binalong Wagga Wagga BalranaUl Canowindra (iuiulauai and

Laclilan and Lower Darling .. j ) Yass.

18. ’Tlie United Pastoral Districts I Molong Wellington Diilibo Canowindra Coola and Jludgee.

of Wellington and Bligb )

1U. 'The United Pastoral Districts of	Murriirundi Tainwortli AVee AVaa AA'arialda mid the AVoolsln il ou
Iiiverpool Plains and Gwydir.. 20. The United Pastoral Districts	) the Xamoi.
) AA'cllingrovc Arniidale Teiiterfield AValclia Police Oflice AUl.eay

of New England and MTjcay.. 21. The United Pastor.al Districts ) Grafton Casino AVarwick Drayton Tahulam Alyall t'lvck ( Itivcr and Keinpsey. '

'ton Casino AVarwick ( 'anal

of Clarence and Darling Downs j Creek and Calandoon Creek and Calandoon.

22. 'riic United Pastor,al Districts

of lilorcton Wide Bay Burnett j- Ipswich Cresshrook Maryhorougli G.ayndali and Surat.

and Maranoa . . . .

23. Tlio City of Sydney ..	Each AYard of the said City,
21. 'The Sydney Hamlets ..	fThe Glebe. O'Connell Town Eedfcrn Paddington St. Iwon.-ml's
\ and Balmain.
25. The ’Town of Parramatta	Parramalta.
!
2C. ’Tbc Cumberland Boroughs	AVindsor Liverpool Campbell Town and renrith.
27. The AVestern Boroughs	Bathurst and Carcoar.
23. The Southern Boroughs	Each of the said Boroughs.
29. The Northumberland Boroughs j	Eaeli of the said Boroughs.
30. Tlie North-eastern Boroughs . .	Newcastle and Eayinond Terrace.
31. The Stanley Boroughs..	North Brisbane Soutli Brishane and lp.swieh.

SCHEDULl']

2420 N o. 48. 14*̂ V IC . 1851.

New South Wales Electoral Act.

Schedule 0 . SCHEDULE C KEEERRED TO IN THIS ACT.

L ist of Electors for the Electoral Distriet of the County of Cumberland in the Police District

of Parramatta.

Christian Name and Surname of Wliere the Property affording the

each person at full length. Nature of Qiialiiication. Qualification is situated.

Ashton John .................................... F reeh o ld ........................... Longhottom.

Bates T h o m a s ........................... .. Dwelling house .. Dobroyd.

Leasehold........................... (Three miles from Parramatta on

Carter James ................................... \ the Dog-trap Koad.

do. ................... do.

Evelyn John ................................... Dwelling-house . . .. Concord.

Schedule D. SCHEDULE D REFERRED TO IN THIS ACT.

Notice of Claim.

To the Town Clerk of or to the Clerk of the

Bencli of (as the case may he)

I HEREBY c'ive you notice that I claim to have my name inserted in the Electoral List of in virtue of the freehold property which I posses.s

at	(»f as the case may be ( f the dwelliny-house which
I occuyy at)

Dated at day of in the

Year 18

(Signed) -lOHN ASHTON of (place of abode)

Schedule E. SCHEDULE E REFERRED TO IN THIS ACT.

Notice of Objection.

To tlie Town Clerk of or to the Clerk of the Bench of

(as the case may he) and to the person objected to.

1 HEREBY give you notice that 1 object to the name of Thomas Bates of

(describe the person objected to as described in the

Electoral lAst) being retained on the Electoral List of the

Dated this

(Signed)

JOHN ASHTON of (here state the dwelliny-

house or property for which he is included

, in the Electoral List).

Schedule E SCHEDULE F REFERRED TO IN THIS ACT.

List of Claimants.

T he following Persons claim to have their Names inserted in the Electoral List of the

Christian Name and Surname Nature of the Property in respect Place where tlio. Property is

of each Claimant. i to which he prefers his claim. situated.

Alton Frederick .. Dwelling-house .. Bathurst.

Baker Joseph .. Ditto ................... One mile from Bathurst.

Chisliohn Charle.s Freehold................... Carcoar.

Dixon John .. .. Ijiccnse to depasture Murrumhidgee.

Everett Samuel . . Leasehold .. .. Cumberland.

(Signed) A. B.

Clcrl: of the Bench.

Dated at this day of

SCHEDULE

1851. 14" VIC. N o. 49. 2421

Temporary Continuance in Victoria o f N. S. JP'. Laws.

SCIIEDTILB G IIEEEIIIIED TO IN ÎTTIS ACT. Scliediilc G.

o f Pevptons ob jected fo.

'I’liK following Persons have been objected to as not l)cing entitled to have tlieir name.s

retained on the Electoral List for the County of (hiinberland.

! Christian Name ami Surname of | Nature of tlie Property for u hiclj| Place wlierc tiic Pro]»ei ty i

' each Person objected to. ,his nnme is on the Klectoral T/ist.i is situated '

Aniwcll Cliarles............................1 Freehold ................. Italic Cove.

Barton W illiam ............................i Dwellingdiouse .. , St. T<eonards.

Curtis Jolin................................... j Freehold .. .. , H alf a-iiiile from Bedlam Kerry.

Dobson W illiam ...........................I License to deimsture , New Knghmd.

Elton David................................... L e a se h o ld ..................... Caimhm.

(Sigiieil)	A. B.
a te r f: n f th f B enrh .

Dated at this d.ay of