REGISTRATION OF ELECTORS ACT.

Hawke's Bay Herald, Volume 2, Issue 75, 26 February 1859, Page 5

REGISTRATION OF ELECTORS ACT.

(Continued from third. page of paper.) less the matter so omitted or insufficiently described be supplied to the satisfaction of such Revising Officer before he shall have completed the revision of such list of voters : Provided always that whether any person be objected to or not, no evidence shall be given (except as provided in the twenty-fifth section of this Act,) of any other ■qualification than that which is described in the 'list of Voters or claims, nor shall the Revising 'Officer be at liberty to change the description of 'the qualification as it appears in the said list, except for the purpose of more clearly or accurately ''defining the same. :\23. Where any person shall hare been objeeticdto a3 hereinbefore provided, and the person -objecting (except the Registration Officer) shall appear in person, or by some one authorised in -writing on his behalf, in support of such objection, 'the Revising Officer shall then require it to be proved that the person so objected to was entitled ■ on the last day of April then next preceding to shave bis name inserted in the list of voters in res-speet-of the qualification objected to as described in ■ su£h list, and in case the same shall not be so proved to the satisfaction of such Revising Officer, or tin. case it shall be proved that such person *svas then incapacitated by any law from voting •at any Election, such Revising Officer shall expunge the n-ime of every such person from the said li?ts of voters, or shall expunge the qualification objected to, as the case may require. 24 No person who shall hare been objected to, shall be compelled to appear in person to make proof of the nature and sufficiency of his qualification, unlaEs summoned to attend by the Revising Ofiiccr. 25. Where any person, whes: nam.3 nppears on any list of Voters for any district in respect of a household qualification, shall bo objpeted to on •tli? ground of having changed Ms place of abode, or haying ceased to occupy the particular tenem mt in respect of which his name appears on such list, without having sent in r. fresh notice of claim, the Revising Officer shall retain the name of such ytfrsan on the list of voters, provided that such person or some one on his behalf shall prove that he possessed a household qualification on the last day of April then next preceding, and shall also supply his true place of abode, and the particulars of his qualification, which the said Revising Officer shall insert in such list. 25. Every Revising Officer holding any Court under this. Act shall, 21 days before the sitting of the Court, and during the sittings, and during a.iy adjournment thereof, have power to summon any necessary Witness to attend at such Court, and any person who shall be duly summoned, and shall neglect or refuse to attend without a reasonable excuse shall be liable to a penalty not exceeding £20, to be recovered in a summary way before two Justices of the Peace: Provided always that it shill not bs compulsory on any person so summoned to attend unless a reasonable sum for travelling expenses shall be first paid or tendered to him*. 27. Every Revising Officjr shall have power to administer an oath to all persons examined before him, and all parties, whether claiming, or •objecting, or objected to, and all other persons -whatsoever, may be examined on Oath touching '.the matters in question ; and every person taking any Oath under this Act who shall wilfully swear falsely shall be deemed guilty of perjury. 28. Every Revising Officer holding any Coui't under this Act shall have power to adjourn the same from time to time and from place to place, eithr within or without the Electoral District in lespect of which such Court is held, but so that no such adjourned Court shall be held after the last day of July in any year. 23. 'Every "Revising Officer, in open Court, shall finally determine upon the validity of all - claims and objections, shall give his decision, shall a'so write his initials against the names respect~ vary expunged or inserted, and against any part of tho said Lists in which any omission or mistake shall have been corrected, or any omission supplied, or any omission or insertion made by him, and shall sign his name to every page of the lis£s so settled. 30. The List of Voters for each Electoral Dis- ■ ti'ict so signed shall be forthwith transmitted by \ the Revising Offlber to the Returning Officer there- . of, and the said Returning Officer shall forthwith , cause the said Lists to be written or printed in a . convenient form, arranged with their names in alphabetical order, according to the surnames, and . shall in the said Lists prefix to every name its ■ proper number, beginning the numbers from the first name and continuing them in a regular series . down to the last name. 31. Provided always, that whenever the Electoral Roll of the previous year shall have been printed, and the alterations required are not so numerous or important as to render it in his opinion necessary to reprint the same, it shall be lawful for the Returning Officer to caase the nc- . cessary corrections to be made in the printed copies for such previous year in a clear intelligible form, and any new names to be added shall be printed separately and numbered consecutively from one upwards, and such Roll of the previous year with such corrections and additions, shall for all purposes be deemed the same as though it had Ibeen ■written or printed as hereinbefore provided. 32. The Returning Officer shall carefully examine the written or printed with the original Ijjsts so signed as afor&said, and such copies being made strictly accurate shall sign three copies, one for his own use, one for the use of the Registration Officer, and the third for transmission as hereinafter provided, and shall also sign a sufficient number of accurate copies, so that at any election there may be a signed copy for the use of the person who shall take the Poll at each Polling Place ibr the Electoral District to which the same relates. 33. The said copy so to be signed and kept by the Returning Officer for his own use, shall be the Electoral Roll of persons entitled to vote at any Election which shall take place for the same Electoral District between the last day of September, in the year wherein such Electoral Roll shall have been made r and the first day of October in the next succeeding year but one, and in case the eaioe ahall b.e lost or mislaid, ths copy to bo

fcan.iinitt.ed as hereinbefore provided, shall be t earned the Electoral Roll, for. such purpose,. 84. Every Returning-' Officer shall, keep- or cause to be kept at some convenient place, copns of the Electoral Roll for the Electoral District in respect of which he is Returning Officer, and a copy of such Roll shall be delivered to any person applying for the sune upon payment of a- price after the rate contained in the Table numbered 8 in the said Schedule. 35. The Returning Officer of each Electoral District having completed the Roll as hereinbefore provided, shall forthwith transmit to the Colonial Secretary the original Lists as signed by the Revising Officer, together with the triplicate copy of the Electoral Roll as hereinbefore provided, and three of the copies thereof, which shall have been prepared for sale as hereinbefore provided. 3G. If in any case it shall appear to any Revising Offioer that any person under this Act has made, or attempted to sustain, any groundi less or frivolous and vexatious claim, or objecj tion to have any name inserted or retained in [ any List of Voters it shall be lawful for the. I said Revising Officer in his discretion to mate such order as he shall think fit for the payment by such person of the costs or of any, part of the ! costs of any person or persons in resisting sucli" claim or objection: and in every such case the j said Revising Officer shall make an order in j writing, specifying the amount, which he shall order to be paid for such costs, and by and to whom, and when and where the same shall be paid, and shall date and sign the said order, and deliver it to the person to whom the said sum shall therein be ordered to be paid : Provided always, that the sum so ordered to be paid by way of costs shall not in any case exceed the sum of £10. Provided also, that no such order shall be made against any Registration Officer : Provided further, that no Writ or process for removal of any such order or of any warrant issued in respect of the same into the Supreme Court of New Zealand shall be -alloyed or granted. 37. Such order for the payment of costs as aforesaid, may be made in any case, notwithstanding any party shah 1 have given notice of his intention to appeal against any decision of the Revising Officer in the same case ; but in case of such appeal, the said order for the payment of costs shall be suspended, and shall abide the event of such ap • peal, unless the Court of Appeal shall otherwise direct ; but no appeal shall be entertained against, or only in respect of, any such order for the payment of costs : Provided always, that whenever any Revising Officer shall have made any such order for the payment of any sum of money for cost 3 by any person v> ho shall have made any objection as aforesaid, it shall not be lawful for the said Revising Officer to hear or admit proof of any other objection or notice of objection made or signed by the same person, until the sum of money, so ordered to be paid by him. for costs, be paid to the person entitled to receive the same, or, in case of notice of appeal, until the said sum shall have been deposited in the hands of the Revising Officer to abide the event of such appeal. . . 3S. In case any sum .of money, directed by the order of any Revising Officer to bs paid by any person for costs, shall not be paid according to the terms of such order, it shall be lawful for any Justice of the Peace, and he is hereby required, upon proof before him that a true copy of the said order has been served iipon, or left at the usual or last known place of abode in New Zealand of the person in the said order directed to pay such sum, and that the said sum has been de- | manded of such person, either personally or at suc;h place of abode and that he has refused or neglected to pay the same, to order, by Warrant under his Jland and Seal, the said sum of money, together with the reasonable costs attending the said Warrant, to be fixed by such Justice, to be levied by distress and sale of the goods and chattels of such person so making a default, which may be found within the jurisdiction of the said Justice, and the overplus (if any) aftar the said sum of money and costs and the charges of such distress and sale are deducted, shall be paid on demand to the owner of the said goods and chattels : Provided always, in ca3e it shall appear to the satisfaction of the 'Justice that the person against whom any such warrant is applied for, has not sufficient goods and chattels to satisfy such leTy, or if upon the return of such wan-ant it shall appear that no sufficient distress can be had, it shall be lawful for such Justice of the Peac by warrant, to commit such person to some gV;--for any time not exceeding two months. .* V' 39. It shall be lawful for any person who, un" der the provisions hereinbefore contained, shal^ have made any claim to have his name inserted in any List, or made any objection to any other person as not entitled to have his name inserted in any List, or whose name shall have been expunged from any List, and who in any case shall be aggrieved by, or dissatisfied with, any decision of any Revising Officer on any point of Law, material to the result of such case, either himself or by some person on his behalf, to give to the Revising Officer in Court, before the rising of the Court on the same day on which such decision shall have bsen pronounced, or on the following day, if the Court shall be sitting on sucli following day, a notice in writing that he is desirouß to appeal, and in such notice he shah 1 shortly state the decision against which he desires to appeal. 40. No appeal, or notice of appeal, shall be received or allowed against any decision of any Revising Officer, upon any question of fact only, or upon the admissibilitv or effect of any evidence adduced or tendered in any .case to establish any matter of fact only. 41. Upon receiving such notice of appeal as aforesaid, the Revising Officer shall state in writing the facts which, according to his judgment, shall have been established by the evidence in the case, and which shall be material to the matter in question, and shall also state in writing his decision upon the whole case, and upon the point of law in question appealed against ; and the said Revising Officer shall read the said statement' to. the appellant, in open Court, .and shall then " arid there sign the same and the said appellant,: or some one on his behalf, authorised in. writing for that purpose, shall, at the end of the, said statement, make a declaration, in writing under hia hand, to the following effect, "I appeal from that decision,"

and the Revising Officer shall Jthen indorse upon such statement the name of. the Electoral District to which the same shall relate, and the Christian and surname and place of abode of,the appellant, ..and 6hall sign and date such indorsement ; the said statement shall be sent by the said Revising Officer to the Registrar of the Supreme Court for the Province within which such Electoral District is situate. 42. All appeals or matters of appeal, from or in respect of any decision of any Revising Officer, entertained in manner hereinbefore mentioned, i shall be determined by a Judge of the Supreme Court in such manner and form, and subject to such rules and regulations, as the Judge of any Judicial District shall from time, by any rule or order made for regulating the practice and proceedings in such appeals, order and direct in respect of such Judicial District : Provided always, that it shall be lawful for any Judge to determine any such matter of appeal without -any argument in open Court, or to direct an argument in open Court, if he shall think fit ; and in such latter case, he shall cause notice to be given by the Registrar or Deputy Registrar to the persons who shall, in his opinion, be the proper parties to the appeal, to appear on a day and at a place to be fixed by the said Judge for that purpose : Provided always, that if both or either of the parties shall neglect to attend, it shall be lawful for the said Judge to determine the said appeal in their or his absence. 43. If any Judge of the Supreme Court shall be of opinion in any case that the statement of the matter of the appeal is not sufficient to enable him to give judgment in law, it shall be lawful for such Judge to remit the said statement to the Revising Officer by whom it shall have been signed, ia order that the case may be more fully stated. 44-. Whenever, by any judgment or order of a Judge of the Supreme Court, any decision or order of any Revising Officer shall be reversed or altered, upon appeal as aforesaid, so as to require any alteration or correction of the Electoral Roll for any Electoral District, notice of the said judgment or order of the said Judge shall be forthwith given, under the hand of the said Registrar, or Deputy Registrar, to the Returning Officer, or other person having the lawful custody of the Electoral Roll, specifying exactly every alteration or correction to be made in the Electoral Roll, in pursuance of the said judgment or order, and such Returning Officer, or other person, shall forthwith, upon receipt of the said notice, alter and correct the said Electoral Roll accordingly, and shall sign his name against every such alteration or correction in the said Electoral Roll, and shall safely keep, with the Electoral Roll, every such notice received by him from the Registrar of the Supreme Court ; and shall also transmit to the Colonial Secretary and Registration Offioer, respectively, an accurate copy of such notice, in order that the necessary alteration or correction may b 3 made in the Rolls so transmitted to them as aforesaid. 45. Every such alteration, or correction, in an Electoral Roll, shall have the like force and effect at, and from the time of making the same, as though the same had been duly made as an original entry, or duly omitted in making up the Elee. toral Roll under, this Act,. and the several copies for the persons who shall take the Poll, and also those which shall be for sale, shall be corrected or altered accordingly. 46. No right of voting at any election shall be affected by any appeal pending, but it shall be lawful for every person to exercise the right of voting at such Election as effectually as if no such appeal was pending ; and the subsequent decision of any appeal pending, shall not in any way, alter or affect the Poll taken at such Election, or the return made thereat by the Returning Officer. 47. It shall be lawful for the Judge who shall determine any appeal, to make any order respecting the payment of the costs of the same, or any part thereof, as to him shall seem meet. 48. Every Public Officer, or other person required by this Act to do any matter or thing, shall for every wilful misfeasance, or wilful act of commission or omission contrary to this Act, forfeit to any party aggrieved, .the penal sum of £100, or such less sum as the Jury before whom may be tried any action to be brought for the recovery of the before mentioned sum shall consider just, to be recovered by such party, with full costs of suit, by action in Her Majesty's Supreme Court of New Zealand, and the sum so recovered shall be in full for all damages for such misfeasance, or act of commission or omission. 49. It shall be lawful for the Governor to fix from time to time the remuneration by way of salary or otherwise, which shall he paid to the several persons who shall be employed as Registration Officers, Revising Officers, or Returning Officers, or in any other capacity, for the purpose of carrying this Act into execution, and such remuneration shall be payable and paid by the Colonial Treasurer out of such sums as shall from time to time be appropriated by the Greneral Assembly for that purpose. 50. The several offices of Registration Officer, Revising Officer, and Returning Officer, or any two of such offices may be held and exercised by one and the same person at the same time, anything herein contained or implied to the contrary notwithstanding. 51. Whenever any notice, claim, or declaration, is required to be given under this Act to any Public Officer or other person, it shall be sufficient if such notice, claim, or declaration, shall be delivered personally to such Public Officer or other person, or shall be left at his usual place of abode, or office,, or other place for transacting business m New Zealand, and no such notice, claim, or declaration, shall be valid unless given before 4 o'clock p.m., on the last day appointed for giving the same. 52. No misnomer or inaccurate description of any person," place, or thins named or described in ..any list of voters or Electoral Roll, or in any notice required by this Act, shall in anywise prevent or abridge the operation of this Act with respect to such person, place, or thing, provided that Buch person, place, or thing, shall be so designated in such List, Roll, or Notice, as to be .commonly understood. 53. It shall be lawful for the Governor from time to time to delegate to any person the performance of any act or thing which by this Act he is empowered or required to do, and any such delega-

tion at any time to revoke. 54. Provided- always that in case any Electoral Roll for any District shall not, from any cause whatever, be made out and completed for any yeair, as prescribed by this Act, the Electoral Roll for that District for the year preceding shall be in force for the year for which a Roll shall not have been made out and completed as aforesaid. 55. For the purpose of forming the first lists of voters for revision under this Act the Registration Officer of every Electoral District shall in the month of February next make out to the bsst of his knowledge and ability, according to the form numbered 7 in the Schedule to thia Act an alphabetical list of all persons who may appear to be entitled to vote at Elections of Members of the House of Representatives .for such District, by omitting from the Electoral Roll now in force the names of all such persons as he may find not to be entitled be thereon as Electors, and adding thereto the jj^mes of all such persons as may appear to him ■ To possess -a bonajide qualification, and shall cause written or printed copies of such list to be published during the first fourteen days of the month of March next, by posting the same in some conspicuous place in the District, and' shall likewise during the same time keep a copy thereof to be perused or copied by any person without payment of any foe at any time between the hours of ten o' clock in the forenoon and four o'clock in the afternoon of every day except Sundays ; and the list so made out shall in lieu of the present Electoral Rolls, together ■with the lists of claimants to be made out and published as aforesaid, constitute the first lists of voters for revision under this Act. 56. The Short Title of this Act shall be "The Registration of Elections Act, 1858."