The Victoria Electoral Act of 1851 No 3a (NSW)
No. XLVII.
An Act to provide for the division of the Colony
of Victoria into Electoral Distr icts and for
| WHEREAS by an Act of the Imperial Parliament of Great reign of Her Majesty Queen Victoria intituled " An Act for the Britain and Ireland passed in the fifth and sixth years of the | Government of New South Wales and Van Diemen's Land" it was | |
|
the Elect ion of Members to serve in the
Legislat ive Council. [2nd May, 1851.] Council to consist of such number of Members as shall be determined by the Governor and Legislative Council of New South Wales in such manner as is therein directed and it is thereby further 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 New South Wales by an Act to be for that purpose made and enacted in the manner and subject to the conditions now by law required in respect of Acts made and enacted by the said Governor and Council to determine the number of Members of which the Legislative Council of the Colony of Victoria shall consist and also to make the necessary provisions for dividing the Territories comprised within the said Colony into conve nient Electoral Districts and for appointing and declaring the number of Members of the Council of the Colony of Victoria to be elected for each such District and for the compilation and revision of lists of all persons qualified to vote at the Elections to be holden within the several Districts of the said Colony and for the appointing of Returning Officers and for the issuing executing and returning of the necessary Writs for such Elections and for taking the poll thereat and for determining the validity of all disputed returns and otherwise for ensuring the orderly effective and impartial conduct of such Elec tions And whereas it is expedient to fix the number of Members to serve in the said Legislative Council and otherwise to provide for the division of the said Colony into Electoral Districts and for the several other matters by the said Act required Re it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That the Legislative Council of the said Colony of Victoria shall consist of Thirty Members Ten of whom shall be appointed by Her Majesty according to the provisions in the first above recited Act in that behalf contained and Twenty of whom shall from time to time be elected by the inhabitants of the said Colony in the manner hereinafter mentioned.
2 . And be it enacted That the said Colony of Victoria shall be
divided into Electoral Districts for the purpose of returning Members to serve in the said Legislative Council in manner following that is to
s a y — ( 1 ) The Northern division of the County or reputed County of
BOURKE ( 2 ) the Southern division of the County or reputed Countyof BOURKE and the Counties or reputed Counties of EVELYN and M O E -
NINGTON ( 3 ) the County or reputed County of GRANT ( 4 ) the united
Counties or reputed Counties of NORMANBY DUNDAS and EOELET ( 5 )
the united Counties or reputed Counties of VILLIERS and HEYTESBUEY ( 6 ) the united Counties or reputed Counties of RIPON HAMPDEN GRENVILLE and POLWARTH ( 7 ) the united Counties or reputed Counties of TALBOT DALHOUSIE and ANGLESEY (8) the Pastoral District of G I P P S LAND ( 9 ) the Pastoral District of MURRAY with the exception of such part thereof as is comprised within the County or reputed County of ANGLESEY ( 1 0 ) the Pastoral District of the LODDON (heretofore known as WESTERN PORT) with the exception of such parts thereof as are comprised within the Counties or reputed Counties of D A L -
HOUSIE BOURKE ANGLESEY EVELYN MORNINGTON and TALBOT ( 1 1 ) the Pastoral District of the WIMMERA ( 1 2 ) the City of MELBOURNE ( 1 3 ) the Town of GEELONG ( 1 4 ) the Town of PORTLAND ( 1 5 ) the united
Towns of BELFAST and WARRNAMBOOL and ( 1 6 ) the united Towns of KILMORE KYNETON and SEYMOUR. 3 . And be it enacted That the City of Melhourne shall return
three Members to serve in the said Legislative Council the Town of Geelong and the northern division of the County or reputed County of Rourke shall each return two Members and that every other Electoral District shall return one Member to serve in the said Council.
4 . And be it enacted That the Boundaries of the several
Electoral Districts hereinbefore mentioned shall for the purposes of this Act be deemed and taken to be the Boundaries set forth in the Schedule hereunto annexed marked A.
5 . Provided always and be it enacted Thai no part of the City
of Melbourne or of the Towns Boroughs or Hamlets which either alone or together form a separate Electoral District shall for the purposes of this Act be deemed to be included in the County or Coun ties within the limits of which they are situated nor shall any person be entitled to vote for the Election of a Member to represent any such County or Counties in respect of any qualification situate within such separate Electoral District as aforesaid.
6. And be it enacted That the Mayors of the City of Melbourne and the Town of Geelong shall be the Returning Officers of the Electoral Districts of Melbourne and Geelong unless either of them shall signify to the Governor his desire to be excused from acting as such Return ing Officer on the ground either of 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 the office of Mayor being vacant it shall and may be lawful for the said Governor by any writing under his Hand and the Heal of the Colony to appoint some other fit and proper person to be Returning Officer for the said Electoral Districts of Melbourne or Geelong as the case may be.
7 . And be it enacted That it shall be lawful for the Governor
from time to time by any writing under his Hand and the Seal of the said Colony to appoint a fit and proper person to be the Returning Officer of each and every other Electoral District in the said Colony of Victoria provided that the person so appointed be at the time of such appointment qualified to be an Elector of the Electoral District for which he shall act and that his appointment be notified in the usual manner in the Government Gazette of the Colony and that in case of sickness or other accident disabling any Returning Officer from acting at any Election it shall be lawful for the said Governor to appoint a person to act in the stead of such Returning Officer and every appoint ment of a Returning Officer made as aforesaid shall be good and valid until death or until such appointment shall be cancelled and some other person appointed to be Returning Officer by a writing under the Hand of the Governor and Seal of the Colony.
| 8. And be it enacted That any and every person who may under the provisions of this Act be appointed a Returning Officer or | Deputy Returning Officer or appointed to perform any other duty |
| 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— |
" 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 be made is hereby required to transmit the same by the first convenient opportunity to the Colonial Secretary of the Colony.
9. And be it enacted That the places for taking the poll at Elections in respect of the several Electoral Districts hereinbefore mentioned shall be those set forth in connection with such Electoral Districts in the Schedule to this Act annexed marked B Provided always that such other places shall be polling places for the said Electoral Districts as shall be appointed for that purpose by the
Governor
Governor by any Proclamation to be issued by him in that behalf and published in the Government Gazette of the Colony.
1 0 . 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 natural born or naturalized subject of Her Majesty or legally made a denizen of New South "Wales and having a freehold estate in possession situate within the district for which his vote is to be given of the clear value of one hundred pounds sterling money above all charges and incumbrances in any way affecting the 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 the 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 within such district occupying a dwelling-house of the clear annual value of ten pounds sterling money and having resided therein six calendar months next before such Wri t or registration as aforesaid or holding at the date of such Wri t or at the time of such registration a license to depasture lands within the district for which his vote is to be given from the Government of New South Wales or having a leasehold estate in possession situate within such district of the value of ten pounds sterling money per annum held upon a lease which at the date of such writ or at the time of registration has not less than three years to run shall be entitled to vote at the Election of a Member of the Legislative Council Provided always that no man shall be entitled to vote who has been attainted or convicted of treason felony or other infamous offence in any part of Her Majesty's Dominions unless he have received a free pardon or one conditional on not leaving the Colony for such offence 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 have 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 such as shall have become payable during three calendar months next before such Election or registration respectively And whereas the said several provisions are by the said Act made applicable to the Colony of Vic toria And whereas it is expedient to form within every Electoral District of the said last-mentioned Colony a register of all persons entitled to vote at any Election of a Member or Members of Council
for such Electoral District Be it enacted That on or before the
first day of June in every year the Mayors of the City of Melbourne
and the Town of Geelong shall respectively appoint a person or persons to be called Collector or Collectors for each Ward of the said City and Town respectively and such Collectors shall between the said first day of June and the twenty-fifth day of June in every year make out lists to be called the Electoral Lists according to the form of the Schedule to this Act annexed marked C of all persons entitled to vote in Elections for Members of the Legislative Council in respect to property within such Ward and shall sign such list and deliver the same to the Town Clerks of the said City and Town respectively and each Collector shall keep a true copy of the list so delivered by him to be perused by every person without payment of any fee at all reasonable hours and each of the said Town Clerks shall forthwith cause copies to be printed of all such lists delivered to him and shall deliver a copy 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 Ward to be fixed on some public and con spicuous building within the same on every day during the fortnight
commencing
commencing on the second day of July and ending on the fifteenth
day of July in every year.
1 1 . And he it enacted That in all other Electoral Districts the
Chief Constables of the different Police Districts shall for the purposes of this Act be considered to be Collectors and shall between the first day of June and twenty-eighth day of June in every year make out alphabetical lists as aforesaid of all persons within their respective Districts who shall be qualified to vote in the Election of Members of Council and shall deliver the said lists to the Clerks of Petty Sessions for the Police Districts within which the said Chief Constables act and the said Chief Constables and the said Clerks of Petty Sessions shall do and perform in respect to the said Police Districts the duties respectively wherewith the Collectors and Town Clerks as aforesaid are hereinbefore charged in respect to the said City of Melbourne and Town of Geelong Provided that if there be no Chief Constable of any such Police District or if there be no Clerk of Petty Sessions for any such District or if there be any impediment to any such Chief Con stable or Clerk of Petty Sessions acting in the performance of any of the said duties the Magistrates at some Court of Petty Sessions held 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.
1 2 . And be it enacted That whenever any such Police Districts
shall form portions of two or more Electoral Districts such Collectors and Clerks of Petty Sessions shall make separate lists for each portion of the Police District which may be comprised within a separate Electoral District.
1 3 . And be it enacted That it shall be lawful for the Governor
to appoint such additional officers in any Electoral District as may be necessary to complete the registration of Electors in such District and to assign to the persons so appointed such remuneration for their services as to the said Governor may seem proper.
1 4 . And be it enacted That the Electoral Lists delivered to the
different Clerks of Petty Sessions shall be by them either printed or 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.
been omitted in any such Electoral List and who shall claim to have 1 5 . And be it enacted That any person whose name shall have
bis 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 in the Schedule to this Act annexed marked D or to the like 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 Elec toral 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 premises for which his name shall appear to be inserted in the Electoral List notice thereof in writing according to the form in tbc Schedule 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 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 the Schedule to this Act annexed marked G and shall cause copies of such several lists to be
4 x—VOL. 3 . fixed fixed on the outer doors or walls of the public or conspicuous buildings as aforesaid during the fourteen days ending on the thirty-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 reason able hours during the fourteen days (Sunday excepted) ending on the said thirty-first day of July in every year and shall deliver a copy of each of such lists to any person requiring the same on payment of a sum not exceeding one shilling for each copy.
16. And be it enacted That in and for the City of Melbourne and the Town of Geelong separate Courts for the revision of the Electoral Lists shall be held for each "Ward of the said City and Town respectively by the Alderman and Assessors of such Ward sometime between the first day of August and the twenty-first day of August both inclusive in every year and such Alderman shall give notice of the time of holding each such Court accordingly and the Town 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 persons so objected to made out in the manner aforesaid and all Collectors of Bates and persons acting as Collectors under this Act shall on being thereto summoned attend the Court and shall answer upon oath all such questions as the Alderman may put to them or any of them touching any matter necessary for revising the Electoral Lists and the said Alderman shall insert in such Electoral Lists respectively the names of every person who shall be proved to the satisfaction of the said Court to be entitled to be inserted therein and shall retain on the said lists the names of all persons to whom no objection shall have been duly made and shall also retain on the said lists the name of every person who shall have been objected to by any person unless the party so objecting shall appear by himself or by some one on his behalf in support of such objection and when the name of any person inserted in either of the said lists shall have been duly objected to and the person objecting shall appear by himself or by some one on his behalf in support of such objection the Court shall require proof of the qualification of the person so objected to and in case the qualification of such person shall not be proved to the satis faction of the said Court the said Alderman shall expunge the name of every such person from the said list and he shall also expunge
therefrom the name of every person who shall be proved to be dead or
to have become disqualified or incapacitated and shall correct any mistake or supply any omission which shall be proved to have been made in any of the said lists in respect of the name or place of abode of any person who shall be included therein or in respect of the nature or local description of his property Provided always that no person's name shall be inserted by the said Alderman in any such lists or shall be expunged therefrom except in the case of death unless notice shall have been given as is hereinbefore required in each of the said cases and the said Alderman shall in open Court write his initials against the names struck out or inserted and against any part of the lists in which any mistake shall have been corrected and shall sign his name to every page of the several lists so settled Provided also that no person who has declared himself a Candidate for Election for the City of Melbourne or Town of Geelong respectively shall act as Alderman or Assessor within the same for any of the purposes of this Act.
1 7 . And be it enacted That if any Alderman or Assessor shall
desire to be relieved from the duty of revising the Electoral List of his Ward or of acting as a Deputy Returning Officer on the ground of his
either
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 Mayor the Mayor shall appoint some other person duly qualified to be a Councillor or Assessor to perform such duties and every person so appointed shall have exercise and perform the same powers authorities and duties and shall be subject to the same penalties as the Alderman or Assessor in whose place he shall have been so appointed.
1 8 . And in order to provide for the revision of the Electoral
Lists in all Electoral Districts save those of the City of Melbourne and Town of Geelong Be it enacted That Courts of Revision for the purpose of revising the lists of Electors shall be held in this and every succeeding year by Justices of the Peace assembled in Petty Sessions at their usual place of meeting in and for every Police District throughout the Territory of Victoria which said Courts shall be held sometime between the first day of August and the twenty-first day of August both inclusive in every year and the Justices of Petty Sessions at and for every such last mentioned Police District shall cause notice to be given by the Clerk of Petty Sessions or other person appointed to act as such for the purposes of this Act within such District by 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 be given at least ten days before the holding of the Court of Revision 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 expected 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 herein conferred upon Magistrates in Petty Sessions assembled Provident always that no Magistrate or other person appointed as aforesaid who 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.
| 19. 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 powers and authorities as the said Alderman and Assessors respectively arc hereinbefore directed and empowered to do perform | have and exercise in respect of the lists to be revised by them | Provided that in such Courts of Petty Sessions the Police Magistrate |
| if there be one and if not then the Senior Magistrate resident in the District who shall be present at any such Court of Revision shall perform and do all and everything which is hereinbefore expressly or impliedly required to be done under the hand of the Alderman in relation to the lists under revision or to be 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 which such Courts shall be held shall as far as may be necessary perform at such Courts the duties which arc hereinbefore directed to be performed by the corresponding officers at the Courts of Revision held by an Alderman and Assessors for the City of Melbourne and Town of Geelong. |
2 0 . And be it enacted That every Court under this Act for the
revision of the said lists shall have power to adjourn the same from time to time Provided that no such adjourned Court shall be held beyond the twenty-first day of August in any year and the said Courts appointed for revising the lists for the City of Melbourne and
Town
Town of Geelong shall have power to require any person having the custody of any book containing any rate made for the said City or Town to produce the same and allow it to be inspected at any Court held for the revision of the said lists and all such Courts of Revision respectively shall have power to administer an oath or oaths (or in case of a Quaker or Moravian an affirmation) as well to the Town Clerk Clerks of Petty Sessions Chief Constables or other Collectors as to all persons claiming to be inserted in or making or opposing objections to the omission or insertion of any name on the said lists and to all persons objected to in the said lists and to all persons claiming to have any mistake in the said lists corrected and to all witnesses who may be tendered or examined on either side and if any person taking any oath or making any affirmation under this Act shall wilfully swear or affirm falsely such person shall be deemed guilty of perjury and shall be punished accordingly.
21. And be it enacted That no person claiming to register his vote in any Electoral District shall be obliged to appear in person to make proof of the nature and sufficiency of his qualification unless required by the Court at which he shall apply to be registered to attend in person Provided however that if such personal attendance be rendered requisite on the application of any party objecting to a claimant's right to register his vote such party if his objection be disallowed shall defray such expenses as the Court shall award for the claimant's attendance which expenses so awarded shall be recoverable in any Court of competent jurisdiction in which the party entitled thereto shall sue for the same.
22. And be it enacted That the Electoral Lists of each Ward of the Citv of Melbourne and of the Town of Geelong so revised and signed as aforesaid shall be delivered by the said Alderman to the Town Clerks of the said City and Town respectively who shall keep the same and shall cause each of the said Electoral Lists to be fairly and truly copied in alphabetical order into books to be by them provided for that purpose the Electoral List of each Ward being kept separate with every name therein numbered beginning the numbers from the first name and continuing them in regular series to the last name and shall cause such books to be completed on or before the thirty- first day of August in every year and shall deliver such books together with the lists at the expiration of their tenure of office to the persons succeeding to such office and every such book in which the said Electoral Lists shall have been copied shall be the Roll of the Electors
to vote after the passing of this Act in the choice of Members of the of the several Wards of the said City and Town respectively entitled Legislative Council for the said City and Town at any Election which may take place of a Member for the said City or Town between the first day of September inclusive in the year in which such Electoral Lists shall have been made and the first 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 be perfected then and in that case the Electoral Roll of the preceding year so far as it relates to the said Ward shall be the Electoral Roll for another year.
23. And be it enacted That the said Town Clerks shall re spectively cause copies of the Electoral Roll in every year to be written or printed and shall deliver to the Alderman of each Ward one copy of the Electoral List of such Ward and further copies to all persons applying for the same on payment of a reasonable price for each copy.
2 4 And be it enacted That in all Electoral Districts except the
City of Melbourne and Town of Geelong the Clerks of Petty Sessions
or
or persons appointed to act in that capacity shall on or before the thirty-first day of August in every year deliver the several Electoral Lists revised in the manner hereinbefore directed to the Returning Officer of the Electoral .'District to which the same belongs or relates who shall cause a general alphabetical list of the Electors of the whole Electoral District to be fairly transcribed or printed with as little delay as possible from the lists so delivered to him and such general list shall be the Electoral List or Roll of Electors entitled to vote in each respective Electoral District at all Elections that may take place of Members of the Legislative Council between the first day of September inclusive in the year in which such Electoral Lists shall have been made and the first day of September in the succeeding year Provided that if in any year the Electoral Lists for any Electoral District or part of any Electoral District shall be omitted to be regularly made out or shall not be perfected then and in that case the Electoral Roll for the preceding year or so much thereof as relates to such part of a District shall be the Electoral Roll for another year.
25. And be it enacted That for the purpose of the first Election of Members to serve in the Legislative Council of Victoria the Writs for the several Electoral Districts shall be issued by the Governor of New South Wales or by the person appointed for that purpose by Her Majesty as in the said last recited Act is provided and the Writs of every subsequent General Election shall be issued by the Governor of Victoria.
26. And be it enacted That whenever after any such General
Election and during the continuance of any such Legislative Council it shall be established to the satisfaction of the Speaker of the said Legislative Council that the seat of any Elective Member of the said Council hath become vacant whether by death or resignation or by reason of any other of the causes of vacancy mentioned in the herein before 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.
27. Provided always and be it enacted That if at the time o f the occurrence of such vacancy from any of the causes aforesaid there be no Speaker and the Legislative Council be not in Session or if the Speaker for the time being be absent from the Colony then in any such case the Governor shall if he be satisfied of the existence of such
vacancy issue a Writ for the Election of a Member to serve in the
place so vacated during the remainder of the term of the continuance
of the said Council and no longer.
28. And be it enacted That every Writ for the Election of a
Member or Members to serve in the Legislative Council whether issued by the Governor or Speaker of the said Council shall be directed to the Returning Officer of the Electoral District in which Wri t shall be named the day and place of nomination for such Election and the day for taking the poll at the different polling places in the event of the same being contested and also the day on which such Writ shall bo made returnable to the Governor or Speaker as the case may be Provided always that the Writs issued by the Governor of New South Wales for the first Elections of Members of Council under the provisions of this Act shall nevertheless be made returnable and be returned to the Governor of Victoria.
20. And be it enacted That the Returning Officer of each
Electoral District shall indorse on the Wri t the day on which he receives it and shall forthwith give public notice of the day and place of nomination mentioned in the said Writ.
30. And be it enacted That on the day of nomination named in the Writ the Returning Officer shall preside at a meeting to be holden at noon at the place named for that purpose in the Writ and shall declare the purpose for which such meeting is held and if there be at such meeting no more Candidates proposed than the number of Members to be returned the Returning Officer shall declare such Candidate or Candidates to be 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 the same accordingly unless a poll be then and there demanded by some one of the Candidates or by not less than six of the Electors of the District on his behalf and if such demand be made for a poll the polling shall take place at the different polling places for the District on the clay appointed in the Writ for that purpose.
31. And be it enacted That at every Election the Returning Officer if it shall appear to him expedient for taking the poll at such Election may cause booths to be erected or rooms to be hired and used as such booths in one place or in several places at each polling place as occasion may require and the same shall be so divided and allotted into compartments as to the Returning Officer shall seem most con venient and the Returning Officer shall appoint a Clerk or Clerks to take the poll at each compartment and if there be a contest shall before the day fixed for the taking the poll cause to be furnished for the use of each booth or polling place a copy of the Electoral List of the District and shall under his hand certify such copy to be true and all expenses of and attending the said Election which the said Returning Officers shall necessarily incur in and about such Election under the provisions of this Enactment or otherwise howsoever shall be defrayed out of the General Revenue under the Warrant of the Governor addressed in the usual manner to the Colonial Treasurer.
32. And bo it enacted That the Returning Officer of each Electoral District shall preside at one polling place within or allotted to his District and shall appoint by writing under his hand a deputy to act for him and take the poll at each of the other polling places Provided that in the Electoral Districts of the City of Melbourne and the Town of Geelong the Aldermen of the different Wards shall be the Deputies of the Returning Officer unless prevented by illness or other
adequate cause in which case the Mayor of the said City or Town as
the case may be shall appoint a Deputy from among the Councillors of the said City or Town. 33. And be it enacted That in the City of Melbourne and in the Town of Geelong every Elector shall be required to vote at the polling place for the "Ward wherein the property shall be situated in respect of which his name shall stand on the Electoral Roll but the registered Electors of other Electoral Districts may vote at any polling place appointed for the Electoral District to which they belong whether such polling place be situate within their Electoral District or not.
31. And be it enacted That where the proceedings at any Election shall be interrupted or obstructed by any riot or open violence whether such proceeding shall consist of the nomination of Candidates or of the taking the poll the Returning Officer or his deputy shall not for such cause terminate the business of such nomination or finally close the poll but shall adjourn the nomination or the taking the poll at the particular polling place or places at which such interruption or obstruction shall have happened until the following day and if neces sary shall further adjourn such nomination or poll as the case may be
until
until such interruption or obstruction shall have ceased when the Returning Officer or his deputy shall again proceed with the business of the nomination or with the taking the poll as the case may be at the place or places at which the same respectively may have been interrupted or obstructed and the day on which the business of the nomination shall have been concluded shall be deemed to have been the day fixed for the nomination and the commencement of the poll shall be regulated accordingly and any day whereto the poll shall have been so adjourned shall as to such place or places be reckoned the day of polling at such Election within the meaning of this Act and when ever the poll shall have been so adjourned by the deputy of a Returning Officer he shall forthwith give notice of such adjournment to the Returning Officer who shall not finally declare the state of the poll
or the name or names of the Member or Member s chosen until the poll
so adjourned as aforesaid shall have been finally closed and the voting
papers delivered or transmitted to such Returning Officer.
35. And be it enacted That at every poll the voting shall com mence at nine o'clock in the forenoon and shall finally close at four o'clock in the afternoon of the same day unless adjourned by reason of riot or interruption as hereinbefore provided for and shall be conducted in manner following that is to say—Every Elector entitled to vote in the Election of Members of Council for the particular Electoral Dis trict in respect of which such Election shall be held may vote for any number of persons not exceeding the number of Members then to be chosen by delivering to the Returning Officer or his deputy a voting paper containing the Christian names and surnames of the persons 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 Elec toral Roll is situated.
36. And be it enacted That no inquiry shall be permitted at the time of polling as to the right of any person to vote except only as
follows that is to say the Returning Officer or his deputy shall if he
shall think fit or if required by 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 following questions or any of them and no other—
FIRST—Are you the person whose name is signed as A. B. to
the voting paper now delivered in by you ?
SECOND—Are you the person whose name appears as A. B. in
the Electoral Roll now in force for this Electoral Districtbeing registered therein for property described to be situated in (here specify the street or place described in the Electoral Boll) ? THIRD—Have you already voted either here or elsewhere at
the Election for the Electoral District of ?
FOURTH—Have you the same qualification for which your name was originally inserted in the Electoral Roll for the District of (specify in each case the particulars of the qualification, as described in the Register ?
37. Provided always and be it enacted That the Returning Officer or his deputy as the case may be shall if he think fit or if called upon so to do by any Candidate or his agent appointed by him in writing at the time aforesaid require any person tendering a voting paper to make a solemn affirmation or declaration in the manner following that is to say :—" You do solemnly declare that you are the " same person whose name appears as on the Register now " in force for the Electoral District of " (as the case may he) and such Returning Officer or his deputy shall likewise if he shall think lit or if called upon so to do by any Candidate or by his agent
appointed
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—
" I (A. B.) do solemnly declare that I have not received or had " by 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 depen- " dant directly or indirectly any sum or sums of money " office place of emolument gift or reward or any promise " or security for any money office employment or gift by " way of consideration either expressed implied or under - " stood for giving my vote at this Election."
38. And be it enacted That no person so required to answer the said questions or to make the said declarations or either of them shall be qualified or permitted to vote until he shall have answered such questions and made such declaration as the case may be.
39. And be it enacted That if any person shall wilfully make a false answer to any of the questions aforesaid or shall wilfully make a false declaration in manner aforesaid he shall be deemed guilty of a misdemeanor and on conviction thereof shall suffer the like penalties as persons convicted of wilful and corrupt perjury.
40. And be it enacted That no Elector shall at any such Election be 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 such Election shall be excluded from voting thereat except by reason of its appearing to the Returning Officer or his deputy upon putting such questions as aforesaid or any of them that the person claiming to vote is not the person whose name is signed to the voting paper tendered by him or that he is not a person whose name appears on such register 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 register or except by reason of such person refusing to make either of the said declarations.
41. And be it enacted That no voting paper shall be rejected by the Returning Officer or Deputy Returning Officer for mere want of form provided that the name and qualification of the Elector and the name or names of the person for whom he votes be intelligibly
expressed and in a manner to be commonly understood. 42. And be it enacted That each Deputy Returning Officer shall immediately on the close of the poll collect and seal up all the voting papers which have been taken at the polling place whereat he presided and shall with the least delay possible deliver or cause the same to be delivered to the Returning Officer of the Electoral District.
43. And be it enacted That the Returning Officer of each Electoral District shall at the place of nomination and as soon as may be practicable after the Election shall have been held openly declare the general state of the poll at the close of the Election as the same shall have been made up by him from the voting papers so delivered to him and he shall at the same time and place declare the name or names of the person or persons who may have been duly elected at such Election and in the event of the number of votes being found to have been equal for any two or more Candidates he shall by a casting vote decide which of the same Candidates shall be elected Provided however that no Returning Officer shall vote at any Election for the Electoral District of which he is the Returning Officer except in the case of an equality of votes as aforesaid.
44. And be it enacted That the name or names of the person or persons so elected shall be indorsed on the Writ by the Returning Officer and the Writ shall be by him returned to the Governor or Speaker as the case may require within the time specified therein.
45. And be it enacted That all voting papers shall be sealed up by the Returning Officer and transmitted to the Clerk of the Legis lative Council who shall safely keep the same for the period of five years after the receipt thereof and the sealed packets containing the same shall on the outside thereof be described to be the voting papers of the Electoral District to which they relate and be signed by the said Returning Officer and in case any question shall at any time arise touching any vote alleged to have been given at any Election the voting paper containing such vote shall be received in evidence as proof of such vote in any Court of Justice or by the Committee of Elections and Qualifications hereinafter mentioned upon production thereof together with a certificate thereon under the hand of the Clerk of the Legislative Council that the same was transmitted to" him in due course by the Returning Officer of the District to which the same relates.
| 46. And for the prevention of bribery or corruption at any 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 whether 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 whatsoever to any Elector with a view 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 vote or the making use of any threat to any voter or otherwise intimidating him in any manner with a view to influence his vote the treating of any voter or the supplying him with meat drink lodging or horse or carriage hire or conveyance by steam or otherwise whilst at such Election or whilst 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 procession 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 whether 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 by a Candidate to any | number of Electors with a view of influencing their votes Provided | always that no action or suit shall be maintainable by any publican or |
| any owner or keeper of any shop booth tent or other place of enter tainment against any Candidate or any agent of any such Candidate for any liquor food or refreshment of any kind whether 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 A c t . | ||
| 47. And be it enacted That the commission of any one of the above-mentioned acts shall on proof thereof by the decision of the hereinafter mentioned Committee he held to render void the Election of the person committing such act and to disqualify him from sitting and voting in the said Legislative Council during the whole period that may intervene between the commission of the same and the time of the next General Election. | ||
| 48. And be it enacted That the acts of all authorized agents of a Candidate or Member shall in matters connected with Elections be held to be the acts of their principal Provided that it shall be proved to the satisfaction of the said Committee that such acts were committed with his knowledge power or consent. |
4 Y—VOL. 3. 49. 49. And be it enacted That any person whether he shall or shall not be the authorized agent of any Candidate who shall have committed any of the above-mentioned acts hereby declared to be acts of bribery 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 misdemeanor and punished with fine not exceeding two hundred pounds or imprison ment not exceeding six calendar months on the complaint of Her Majesty's Attorney General or of any registered Elector of the District wherein such act of bribery or corruption shall be alleged to have been committed.
50. And be it enacted That if any person who shall have or claim to have any right to vote in any Election of a Member or Members of Council for any Electoral District shall directly or indirectly ask receive or take any money or other reward by way of gift employment or other reward whatsoever for himself or any of his family or kindred friends or dependants as a consideration or inducement expressed implied or understood for giving his vote or for abstaining from giving his vote in any such Election or if any person by himself his friends or by any person employed by him shall by any gift or reward or by any promise and agreement or security for any gift or reward procure any person or persons to give his or their vote or votes in any such Election or to abstain from giving the same such person shall for such offence forfeit the sum of fifty pounds sterling to the person who shall bond fide for his own use and not collusively first sue for the same to be recovered with full costs by action of debt bill plaint or information in the Supreme Court at Melbourne or in any Circuit Court of the Colony.
51. And be it enacted That every person who shall poll a
second time or offer to poll a second time at the same Election for any Electoral District or who shall personate or attempt to personate any other person for the purpose of polling at such Election shall be guilty of a misdemeanor and upon being thereof convicted shall be fined in any sum not exceeding one hundred pounds or be imprisoned for any term not more than two years at the discretion of the Judge or Judges who shall try the case.
52. And be it enacted That no Election for any of the said Electoral Districts shall be held to be void in consequence solely of any delay in the holding of the Election at the time appointed or in the taking of the poll or in the return of the Wri t or in consequence
for the Governor with the advice of the Executive Council to adopt or of any impediment of a merely formal nature and it shall be lawful cause to be adopted such measures as may be necessary for removing any obstacle of a merely formal nature by which the due course of any Election may be impeded provided that the validity of such Election and the measures so taken as aforesaid shall be forthwith declared by the Governor by a Proclamation to be for that purpose published in the official Gazette of the said Colony of Victoria.
53. And whereas delays may occur in the return of Writs from some parts of the said Colony and by the non-return of such Wri t or Writs the number of the Council may not be completed on the day whereon it may be summoned to meet for the dispatch of business and it is expedient to remove doubts which might otherwise arise as to the power of the said Council in its incomplete state to proceed to business Be it enacted That notwitstanding the non-return of any Writs on or before the day whereon such Writs are returnable the Council shall be competent to proceed to business if duly summoned thereto and provided the number of Members deficient in consequence of the non-return of such Writs be not greater than three.
54. And whereas it is expedient to make provision for the determination of all questions as to the validity of any returns made by the Returning Officers of the several Electoral Districts and all questions as to the sufficiency of the qualification possessed by persons returned as Members to serve in the said Legislative Council Be it therefore enacted That in the first Session of every Council and within seven days after the election of a Speaker of the said Legislative Council and in every subsequent Session as soon as convenient after the commencement thereof the Speaker shall by Warrant under his hand appoint seven Members of the Council who are willing to serve and against whose return no Petition is then depending and none of whom is a Petitioner complaining of any Election or return to be Members of a Committee to be called " The Committee of Elections and Qualifications " and every such Warrant shall be laid on the Table of the Council and if not disapproved by the Council in the course of the three next days on which the Council meets for the dispatch of business shall take effect as an appointment of such Committee Provided however that every Member who shall become a Petitioner complaining of an undue Election or return or respecting whose return qualification or disqualification an inquiry is pending shall for the time be disqualified to serve on the Committee.
55. And be it enacted That if the Council disapprove of any such Warrant the Speaker shall on or before the third day on which the Council meets after such disapproval lay upon the Table of the Council a new Warrant for the appointment of seven Members qualified as aforesaid and so from time to time until seven Members have been appointed by a Warrant not disapproved by the Council Provided however that the disapproval of any Warrant may bo either general in respect of the constitution of the whole Committee or special in respect of any particular Member named in the Warrant and that the Speaker may if he think fit name in the second or any subsequent Warrant any of the Members named in any former Warrant whose appointment has not been specially disapproved of by the Council as aforesaid.
56. And be it enacted That after the appointment of the Com mittee of Elections and Qualifications every Member appointed shall continue to be a Member of the Committee until the end of that Session of Council or until he cease to be a, Member of the Council or until he resign his appointment (which he may do by letter to the
| after the receipt thereof nor until the appointment of another Member | Speaker but which resignation shall not take effect for three days |
| in the place of the one so resigning) or until the Committee report that he is disabled by continual illness from attending the Committee or until the Committee be dissolved as hereinafter provided. | |
| 57. And be it enacted That if the said Committee at any t ime 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 discharge of its duties or if the Council resolve that the said Committee be dissolved the same shall be thereby forthwith dissolved and every re-appointment of the said Committee after the dissolution thereof as well also as every appointment to supply a vacancy in the Committee by resignation or otherwise shall be made by the Speaker by Warrant under his hand laid upon the Table of the Council on or before the third day on which the Council meets after the dissolution of the Committee or notification of the vacancy made to the Speaker (as the case may be) and such Warrant 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
Speaker may if he think fit re-appoint any of the Members of the former Committee who are then willing and not disqualified to serve on it and every such new Committee or new Member shall have power to take up and continue the business which may have been 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 constituted and composed.
58. 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 upon the said Committee until he shall have been sworn at the Table of the Council by the Clerk well and truly to try and determine the matters of any Petitions and other questions referred to the said Committee and a true judgment to give according to the evidence and truly and faithfully to perform the duties appertaining to a Member of the said Committee to the best of his judgment and ability without fear or favor and the said Committee shall not be competent to transact any business unless at the least four Members thereof shall be present together.
59. And be it enacted That the said Committee shall have power to adjourn its sitting from time to time as in its discretion it shall think proper provided that the interval of adjournment shall not 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 adjourned meeting it shall be competent to the Members present to adjourn within the limits and subject to the restrictions aforesaid and the said Committee shall select its own Chairman and shall have power to regulate the form and manner of its own proceedings provided that such proceedings shall be conducted openly except when the Com mittee shall think it necessary to deliberate among themselves after hearing evidence and argument if offered and all questions before the Committee shall be decided by a majority of voices and whenever the voices are equal the Chairman shall have a second or casting voice and no Member of the Committee shall be allowed to refrain from voting on any question on which 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 Minute of all proceedings of the Committee in such form and manner as shall be from time to time directed by the said
to time before the Council. Committee and a copy of the Minutes so kept shall be laid from time 60. And be it enacted That the said Committee shall have power to inquire into and determine upon all Election Petitions and upon all questions which may be referred to it by the Council respect ing the validity of any Election or return of a Member or Members to serve in the said Legislative Council whether the disputes relating to such Elections or returns arise out of an error in the return of the Returning Officer or out of the allegation of bribery or corruption against any person concerned in any Election or out of any other allegation calculated to affect the validity of such Election or return and also upon all questions concerning the qualification or disqualifi cation of any person who shall have been returned as a Member of the said Council and in the trial of any such questions the Committee shall be guided by the real justice and good conscience of the case without regard to legal forms and solemnities and shall direct them selves by the best evidence they can procure or that is laid before them whether the same be such evidence as the law would require or admit in other cases or not Provided however that the said Committee may
receive
receive or reject as they may deem fit any evidence that may he
tendered to them.
61. And he it enacted That the said Committee shall have power to direct the attendance of witnesses and to examine them upon oath (which oath it shall he competent for any Member of the said Committee to administer) and also to send for and examine papers records and other documentary evidence and it shall he competent to the said Committee if in its discretion it shall sec fit to receive affidavits relative to any of the matters referred to them taken before any Justice of the Peace (which affidavits such Justice of the Peace is hereby authorized to take) and if any person summoned by the Com mittee shall disobey such summons or shall refuse or neglect to produce any papers records or other documentary evidence relating to or affecting the matter under investigation which shall have been sent for by the said Committee or shall refuse to submit himself to examination or shall give false evidence or prevaricate or otherwise misbehave in giving or refusing to give evidence he shall be deemed guilty of a misdemeanor and be 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 shall be liable to the ordinary penalties for such offence.
Year 18
(Signed) J O H N A S H T O N of (place of abode.)
SCHEDULE E R E F E R R E D TO IN THIS ACT.
Notice of Objection.
| To the Town Clerk of | or to the Clerk of the Bench of |
(as the case may be) and to the person objected to.
I HEREBY give you notice that I object to the name of Thomas Bates of
(describe the person objected to as described in the Electoral List)
being retained on the Electoral List of the
Dated this
(Signed) J O H N A S H T O N of (here state the dwelling- house or property for which lie is included
in the Electoral List.)
SCHEDULE E R E F E R R E D TO IN THIS ACT.
Idst of Claimants.
T H E following Persons claim to have their Names inserted in the Electoral List of the
C h r i s t i a n N a m e a n d S u r n a m e N a t u r e o f t h e P r o p e r t y i n r e s p e c t P l a c e w h e r e t h e P r o p e r t y is
o f e a c h C l a i m a n t . t o w h i c h h e prefers h i s c l a i m . s i t u a t e d .
| Alton Federick .. .. .. ... .. | K y n e t o n . |
| Baker Joesph .. .. .. .. | Dwelling - house ... .. .. .... .... | O n e | m i l e | from | K y n e t o n . |
| Chisholm .. .. .. ... .. .. | Ditto | K i l m o r e . |
| Freehold............................................................ | L o d d o n . | |
| Dixon John .. .. .. .. .. | Licensed to depasture .. ... ... ... | |
| Leasehold .... ..... | B o u r k e . | |
| Everett Samuel .. .. .. .. .. .. |
(Signed) A. B. Clerk of the Bench.
Dated a t this day of
SCHEDULE G R E F E R R E D TO IN THIS ACT. List of Persons objected to.
T H E following Persons have been objected to as not being entitled to have their names
retained on the Electoral List for the County of Bourke.
| C h r i s t i a n | N a m e | a n d | S u r n a m e | N a t u r e | of | t h e | P r o p e r t y for | w h i c h | P l a c e | w h e r e | t h e | P r o p e r t y | i s |
of e a c h p e r s o n o b j e c t e d t o . h i s n a m e i s o n t h e E l e c t o r a l L i s t . s i t u a t e d .
| Amwell Charles .. .. .. ... | B r i g h t o n . |
| Barton William .. .. ... ... | Freehold .. ... .... ... | d o . |
| Dobson William .. .. ... .. | Dwelling-house ... ... .... ... | H e i d e l b e r g . |
| Freehold ... .... ... ..... .. | W i m m e r a . | |
| Elton Dacid .. .. .. .. | License to depasture .. .. .. ... | |
| Leasehold .. ... ... | G r a n t . |
(Signed) A. B.
Clerk of the Bench.
Dated at this day of
No. X L V I I I .
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