TOWN EDITION. The Daily Telegraph MONDAY, OCTOBER 3, 1881.

Daily Telegraph (Napier), Issue 3202, 3 October 1881, Page 2

TOWN EDITION. The Daily Telegraph MONDAY, OCTOBER 3, 1881.

The following is a digest, of the Act for the Regulation of Elecn.us parsed during tbe last session of Parliament, and which wiil come into operation at the eneuiog elections for the House of Representatives. It repeals sections 43, 49, and 50 of the Constitution Act, 15 and 16 Vict., Cap. 72, and the following Colonial Acts: of Elections Act, 1870 ; Regulation of Elections Act Amendment Act, 1871; and Regulation of Elections Act Amendment Act, 1874. The new Act, after providing for the appointment of officers and polling places, the issue of writs (such writs to be made returnable within 40 days, and the day of nomination not to be more than 10 nor less than fire days before the day appointed for the poll), the proposal and withdrawal of candidates, and the procedure when poll is demanded, makes provision for the conduct of elections, which are similar to those at present in operation, the polling by ballot, commencing at nine in tbe morning, and terminating at six in the afternoon of the same day. Every scrutineer and clerk must, before being permitted to act, make declaration not to do anything forbidden by the sixtyseventh section of the Act, and which section must be read to the declarant to the person taking the declaration. (Tbe section enjoins a promise to maintain, and aid in maintaining, the secrecy of the voting, auu especially to avoid any attempt to ascertain ;u counting ot' thj rotes the ?'umbrr oa tnc b.kCli ot'auy v itiag paper, rooiit for any ac : : iv ■:•••' the provisions ofthfl will be >v. ;-.e

fo<n of iFEpriaocnieut, oa onmrriav> conviction before two Justices of the Peace, for any term not exceeding six months. The customary restriction against conversation with voters while in the polling bocth is enjoined, except only fcetweeo voters and the Returning Officer, who may aek the usual questions aa to identify the qualification of the voter, and also whether he has or has not previously voted. The penalty for wilfully giving a false answer may extend to £50. Each voting paper will be, as heretofore, marked on the left-hand corner with the number appearing on the roll against the name of the voter to whom such paper is given, and the Returning Officer, after securing the corner by gum or otherwise, shall stamp thereon an official mark. (This prevents the possibility of numbers being revealed during the time the votes are counted.) After the result of the poll has been arrived at all books and papers uaed at the election will be made up in a parcel and eealed, the Returning Officer having power to select voting papers about which doubts may have arisen, and disallow votes in certain cases. The Returning Officer when two or more candidates receive an equal number of votes shall give a castingvote, but shall not otherwise vote. It will still be lawful under the new Act for the Governor, Speaker of the House of Representatives, Clerk of the Writs or his deputy, and any member desiring to resign his seat, and any Returning Officer or his substitnte, to transmit by telegraph the contents of any writ, warraut, return, notice, authority, or other communication required or authorised under the Act, upon the following conditions: — (1) The original document must be delivered at the telegraph station, aud, in the case of any officers or persons other than the Governor or Speaker, such delivery must be mpde in the presence of, and under the inspection of, some Justice of the Peace. (2) The person to whom the contents of any such document shall be sent must immediately on its receipt, in the presence and under the "supervision of a Justice of the Peace, send back by telegraph a copy of the message received, and, in the event of any error appearing therein, the process must be repeated under like supervision, until it shall appear that a true copy of such document has been received. (3) When such true copy has been received, the person deliver-

I iv.er Oie original document to the TeleI &b.'i\ <}?\m? ijLr-Ail cucUuto thereon a 1 t'.iijfic'it^ , -.oat a .ue copy has been sent, I and snail forthwj'.Lj by telegraph inform the person to wheal it has been sent that I such certificate has been so endorsed in the presence of the Justice of the Peace present at the delivery of the original document. (4) The person so receiving such true copy shall likewise make endorsement thereon a certificate of receipt, which he must sign in the presence of the Justice of the Peace supervising the receipt of such copy. Every copy so endorsed and certified will be as valid as the original documents will be kept at the telegraph office where received, and be open for inspection by any persons upon payment of a fee of Is. The wilful delivery of a message of this kind to the wropg person will be made punishable by imprisonment, and the penalty of endorsement of false certificate of sending a message will be any sum up to £100, " which may be sued for and recovered by the first person who shall, for bis own benefit and without collusion, sue for the same." Any person signing a false certificate will be held guilty of felony, and liable to penal servitude for any term not exceeding fourteen years, and not less thau three years, or to be imprisoned for any term not exceeding two years, with or without bard labor and solitary confinement, The seat of any member of the House of Representatives will become vacanMfhe is absent without leave for one whole session ; if he takes oath of allegiance to, or becomes a citizen of, any foreign power ; if he becomes bankrupt, a public defaulter, attainted with treason, convicted of felony or any infamous crime, or if he resigns. Whenever a vacancy occurs noiijk'ation must be gazetted, aod tea days after such notification the writ mti3t be issued, and made returnable within forty days. Under this heading is comprised the forging or counterfeiting of voting papers or marks thereon, unauthorised supply of voting papers, tampering with ballot-boxes, packets or parcels of voting papers. Such offences, if committed by any Returning Officer or subordinate, to be punishable fey imprisonment for any term not exceeding two years, and if by any other person, for a term not exceeding six months. At a general election any member returned for two districts must decide within seven days which he will serve. Elections will not be deemed invalid for defect in the appointment of the person taking the poll, nor in consequence of their being no Returning Officer for any district at the time of the issue of the writ, nor for any delay in the return of the writ. Unavoidable impediments may be removed by the Governor in Council under Order, which must be gazetted and " within 21 days before or after the day appointed for doing any act, matter, or thing by this Act required to be done on or before a day certain, it shall be lawful for the Governor in Council to extend the time allowed," and to adopt any measures necessary to remove obstacles to the ope ration of the Act.