PROCLAMATION

Lyttelton Times, Volume II, Issue 76, 19 June 1852, Page 6

PROCLAMATION

By His Excellency Sir George Geey, a Knight Commander of the most Honorable Order of the Bath, Governor and Com-mander-in-Chief, in and over the Islands of New Zealand, and Governor of the Provinces of New Ulster and New Minister, and Vice Admiral of the same, &c, &c, &c. Preamble, reciting Provincial Councils Ordinance, Session XI., No. 6. Whereas by an Ordinance enacted by the Governor-in-Chief of New Zealand, with the advice and consent of the Legislative Council thereof, Session XL, No. 6, intituled "An Ordinance to provide for the establishment of Provincial Legislative Councils and for the election &c. of Members to serve therein," it was amongst other things enacted that for each of the provinces into which the Islands of New Zealand then was or might thereafter be divided, there should be a Legislative Council to consist of such number of Members—not less than nine—as the Governor-in-Chief should by Proclamation in that behalf from time to time direct and appoint; and that two-thirds of the Members of every such Council should be elected by the Inhabitants of the Province as thereinafter provided. And that it should be lawful for the Governor-in-Chief of New Zealand until provision should be made by law in that behalf, by Proclamation to be published in the Neio Zealand Government Gazette to constitute within every such Province convenient Electoral Districts, and to make provision for the Registration and Revision of Lists of all pev&ons qualified to vote at the Elections to be holden within such Districts, and for the appointing of Returning Officers, and for the issuing, executing, and returning 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 Elections. And by the said recited Ordinance power was given to the Go-vernor-in-Chief by Proclamation to declare certain places to be " Towns" for the purposes of the said Ordinance. Now Therefore, I, the Governor-in-Chief of New Zealand in pursuance and by virtue of the power and authority vested in me by the said recited Ordinance, and under and by virtue of all other powers and authorities enabling me in that behalf, Do hereby Proclaim, declare, direct, and appoint, that as to and concerning the Province of New Munster as follows:—that is to say Number of Electoral Districts. 1. That the said Province for the purpose of the Election of the Legislative Council thereof shall be divided into Fifteen Electoral Districts to be named as follows:— Wellington. 1. The Town of Wellington. 2. The Wellington Country. 3. The Hutt. 4. The Wairarapa and Hawke's Bay. 5. The Whanganui and Rangitikei. Nelson. 1. The Town of Nelson. 2. The Waimea. 3. The Motueka and Massacre Bay. I 4. The Wairau. I Canterbury. j 1. The Town of Christchurch. 2. The Christchurch Country. ' 3. The Town of Lyttekon. 4. The Akaroa. Otago. 1. The Town of Dunedin. 2. The Dunedin Country. The Boundaries of the said Districts being particularly set forth and described in the Schedule A, or delineated on the Maps and Plans respectively hereunto annexed. Qualifications of Electors. 2. Pursuant to the provisions of the said recited Ordinance every man of the age of twenty-one years or upwards and having a Freehold Estate in possession situate within the District for which the vote is to be given of the clear value of Fifty Pounds above all charges and incumbrances and of or to which he has been seized or entitled at Law or in Equity for at least Six Calendar Months next before the last Registration of Electors. Or being a Householder within such district occupying a Tenement within the limits of a Town (to be

Proclaimed as such by the Governor-in-Chief for the purposes of the Ordinance) of the clear annual value of Ten Pounds or without the limits of a town of the clear annual value of Five Pounds and haying resided therein Six Calendar Months next before such Registration as aforesaid, —Or having a Leasehold Estate in possession situate within the District for which the Vote is to be given of the value of Ten Pounds per Annum held upon a Lease which at the date of such Registration shaH^^ve not less than Three Years to run, or ' having a Leasehold Estate situate and of the value as aforesaid of which, at the date of such Registration he shall have been in possession for Three Years or upwards previous to the date of such Registration: Provided he is not an Alien and that he has not at any time been attained or convicted of any treason, felony, or infamous v offence within any part of Her Majesty's Dominions shall if registered as hereafter provided be entitled to Vote at the Election of a Member or Members for the District. Claims to be preferred. 3. No person shall be qualified to Vote at the Election of any such Member unless he shall prefer a Claim to the right of Voting and unless such Claim be duly enrolled as hereafter prescribed. Form, &c, of Claim. 4. Every such Claim shall be in writing and shall state the name of the District or Districts in respect of which it shall be made and shall be signed by the Claimant or by some other person in his name and by his authority and shall state also the place of abode and the calling or business of the Claimant and the qualification in respect of which such Claim may be made. When to be preferred. 5. No such Claim as aforesaid shall be received unless it be made between the First day of July and the Tenth day of August next or in the month of July in some succeeding year. CANTERBURY. , v Where to be preferred for certain Districts. 6. Every pei'son claiming a. right to. Vote for the following Districts,— 4, I The Town of Christchurch, I The Christchurch Countby District, shall deliver his claim, or cause the same to be delivered at the Resident Magistrate's Office, Christchurch. 7. Every person claiming a right to Vote for ! The Town of Lytteiton, . shall deliver his claim, or cause the same to be delivered at the Resident Magistrates' Office, Lyttelton. 8. Every person claiming a right to Vote for The Akaroa District, shall deliver his claim, or cause the same to be delivered at the Resident Magistrates' Office, Akaroa. , List of claims to be prepared. 9. On the Eleventh of August next, and on the First of August in every succeeding year, or as soon thereafter respectively as conveniently may be, the Resident Magistrates at Wellington, Whanganui, Nelson, Lyttelton, and Christchurch, Akaroa, and Dunedin, or some other fit person or persons to be appointed in that behalf by the Governor of the province, or by the Superintendant at Nelson for that Settlement, shall respectively cause a list to be prepared of the claims which have been delivered at such respective offices as aforesaid, in pursuance of this Proclamation setting forth the Christian and Surname of every claimant at full length, together with his place of abode, calling, or business, and the ground on which his claim may be made, and arranging --^le names in alphabetical order, and classing <Bi'em>for the several districts for which they may respectively claim to be entitled to vote. And to be published. '.....■ 10. On or before the Tenth day of Septfegrter next, every such Resident Magistrate or'otiier person as aforesaid shall as soon as conveniently may be, cause a copy of the List of Claims, and in the month of August, in every succeeding year, shall cause a copy of the List of Claims, which may have been preferred in pursuance of this Proclamation, together with a copy the Electoral Roll then in force, —to be posted in some conspicuous place in the district, to which the said List and Roll shall respectively relate, and shall subjoin thereto a Notice that all objections thereto will be heard and determined at a meeting of Justices open

to the public, and to be held on a day to be specified in such Notice, not being more than one calendar month after the date thereof. Justices to prepare Electoral Roll. 11. Each such Resident Magistrate or other person shall call a Special Meeting of the Justices of the Peace, residing within the District or Districts to which the said Cliiims may re-, late to-be held on the day, so to be specified as aforesaid, for the purpose of hearing and deterragiia* objections to such List and Roll as aforel^M^ and of forming the Roll for the ensuing yeairof persons qualified to vote under the provisions of the said recited Ordinance. Objections to Claims. 12. Any person whose name shall be on any such List or Roll, may object to any other pers^ as not entitled to have his name retained Jon the Electoral Roll. But the person so objecting shall, Ten days at least before the day appointed for the formation of such Electoral Roll cause notice in writing of such objection and of the ground thereof to be given to the Resident Magistrate or other the person acting for the District and also to the person objected to. Electoral Roll hoiv to he Formed. 13. At the meeting to be held for the formation of the said Electoral Roll, or at some adjournment of such meeting, the Justices (any two being a quorum) shall retain on the List of Claims, and on the Roll then in force the names of all persons to whom no objection shall have been duly made, and shall also retain on the said Lists and Rolls the name of every person who shall have been objected to unle?s the party objecting shall appear in person in support of such objections and shall also prove due service of his notice of objection. Proof of qualification in ivhat case required. 14. In case the party objecting shall make his objections in person, and shall prove such service of notice as aforesaid, the Court shall require proof of the qualification of the person so objected to. And in case the qualification of such person shall not to be proved to the satisfaction to the Court, the name of such person •""shall te expunged from the List or Roll. The Court shall also expunge therefrom the name of every person who shall be proved to be dead, and shall correct any mistake or supply any omission which should be proved to have been made therein respectively in respect of the name or the place of abode of" any person who shall be included therein or in respect of the local description of his property. And the Lists and Roll so corrected shall form the Electoral Roll for the ensuing year, and shall be signed by the Resident Magistrate or other the person presiding at such meeting of Justices as aforesaid. The Electoral Roll hoio long in force. 15. The persons whose names shall be so enrolled thereon shall be deemed and taken to be the Electors of the District until the completion of the " Electoral Roll" for the year then next ensuing. And every person whose name shall appear upon such ''Electoral Roll" shall be deemed and taken to be duly qualified to vote for the District in respect of which his name shall appear upon such Roll without any further or other enquiry, revision, or scrutiny whatever. And when the name of any person claiming to be placed upon such Roll shall once have been duly enrolled thereon such name shall from year to year continue to be published as aforesaid, and" be retained on the Electoral Roll for the time being without any further claim on the part of the Elector unjtil his name be objected to and shall be duly expunged in manner hereinbefore prescribed. Copy of Electoral Roll to he published. 16. As soon as conveniently may be after the annual revision of such Roll the Resident Ma- ,, g^jate or such other person as aforesaid, shall cause copies thereof to be published for general information. And the original Roll shall be preserved by him as long as it shall remain in fom^ppen to the inspection of any Elector at r^sskmable times on payment of one shilling. Polling Places for certain Districts. 17. The Polling places for the following Districts, The Town op Chbistchxjrch, The Cheistchukgh Countey Disthict, shall be at some convenient place or places in the Town of Chrislchurch to be specified by the Returning Officer. 18. The Polling places for The Town of Lyttelton, shall be at some convenient place or places in

the Town of Lyttelton to be specified by the Returning Officer. 19. The Polling place for The Akaroa District, shall be at some convenient place at Akaroa to be specified by the Eeturning Officer. Additional Polling places. 20. If Additional Polling places be found necessary for any of the above mentioned Districts they shall be at such places as the Governor of the Province by Notice in the Goiernment Gazette shall from time to time direct and appoint. Returning Officers. 21. The Returning Officer for the following Districts, The Town of Christchcrch, The Christchurck Country District, shall be the Resident Magistrate for the time being acting for the Town of Christchurch or such other person or persons as the Governor may from time to time appoint in that behalf. 22. The Returning Officer for : The Town of Lyttelton, shall be the Senior Office of Police at Lyttelton, or such other person or persons as the Governor may from time to time appoint in that behalf. 23. The Returning Officer for The District of Akaroa, shall be the Resident Magistrate for the time being acting for Akaroa or such other person or persons as the Governor may from time to time appoint in that behalf. Writs for Election of Members. 24. The Writs for the Election of Members to serve in the said Council, for the said several Districts, shall be issued by the Governor under his hand, and shall be directed to the Returning Officer for the District, and shall state the number of days not exceeding ninety within which such Writs shall be made returnable to the said Governor. Days for Nomination and Election how fixed. 25. The Returning Officer for such District shall endorse on the Writ the day on which he may have received it, and shall fix the day of Nomination, and also the day on which the voting, if necessary, shall take place, and shall give not less than Fourteen days Pnblic Notice thereof respectively. Returning Officer to preside at Nomination. . 26. On the day of Nomination so to be fixed as aforesaid, the Returning Officer shall preside at a Meeting to be holden at noon at the chief Polling place for the District, and shall declare the purpose for which such Meeting is held: and if at such Meeting there be 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. In case of a contest. 27. 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 favour 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 demanded by some one of the Candidates, or by not less than six Electors on his behalf. In case a Poll he demanded. 28. On such demand as aforesaid being made for a Poll, the Polling shall be taken on the day so to be fixed as aforesaid, the voting to commence at any time after nine o'clock of the same day and to close at four of the clock in the afternoon of the same day. The Polling. 29. The Polling shall take place before the Returning Officer or his Deputy, and the voting shall be conducted in the manner following, that is to say, Mode of voting. 30. Every Elector for the District may vote for any number of persons not exceeding the number of persons then to be chosen by delivering to the Returning Officer or his Deputy, a Toting Paper containing the Christian Names and Surnames of the person for whom he votes, together with their place of abode and description, and signed with the name of the Elector so voting, and setting forth his own place of abode and description. What enquiry may he made. 31. No enquiry shall be permitted at any such Election 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 re-

quired, by any two Electors for the District, put to any voter at the time of his delivering in Gf his Voting Paper, and not afterwards the following questions and no others:— 1. Are you the person whose name is signed as (A.8.) to the voting paper now delivered in by you? 2. Are you the person whose name appears as (A.8.) on the Electoral Roll now in force for the District of ( ) ? 3. Have you already voted at the present Election ? And no person required to answer any of the said questions shall be permitted or qualified to vote until he shall have answered the same, the first two affirmatively, and the last negatively. State of the Poll to he declared. 32. As soon as conveniently maybe after the Election shall have been held, the Returning Officer for the District shall at the place of Nomination openly declare the state of the Poll. And shall at the same time 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 his casting vote declare which of the same candidates shall be elected. Provided that no Returning Officer shall vote at any election of which he is the Returning Officer except in the case of an equality of votes as aforesaid. Names of persons elected to he inserted in Writ. 33. The name or names of the person or persons so elected, shall be inserted in or endorsed upon the Writ by the Returning Officer, and such Writ shall be returned by him to the Governor within the time by which such writ may be returnable. Voting Papers to he preserved. 34. The Voting Papers at every such election shall be kept for the space of Six Calendar months after such election by the Returning Officer who shall permit any elector to inspect the same upon payment of one shilling. New Writ in certain cases. 35. In case any Writ to be issued by the Governor shall not be duly executed, or in case no valid election shall be made by virtue thereof, the Governor shall issue a new Writ directing the Returning Officer to proceed to a Public Election in manner and subject to the provisions hereinbefore prescribed. Objection to Validity of Return. 36. All complaints of the undue Return of Members to serve in the said Council, shall be addressed in the form of petition to the Governor stating the ground of objection. But no petition shall be noticed nor any proceedings had thereon, unless it be signed by some person who was a candidate at the election, whereof it may be alleged that an undue return was made, or by a number of persons who voted, or who were qualified to have voted at the said election amounting to not less than one-tenth of the whole number of the list of electors. And no such petition shall be noticed which shall not be delivered to the Returning Officer of the District, for immediate transmission to the Governor of the province within twenty-one days from the day of election. Nor unless a copy thereof shall have been served upon the party whose return shall be objected to within such period of twenty-one days as aforesaid. Within ten days after any such petition shall have been received at the office of the Colonial Secretary from the Returning Officer if the said couucil be then sitting, or if the council be not then sitting within ten days after its next meeting the Governor or some other person duly authorized by him in that behalf, shall cause such petition to be referred to the said council, and the validity of the return so complained of shall be decided by such council or by such other tribunal and in such manner as the said council shall direct and appoint. Wellington, Nelson. Christchurch, Lyttelton, and Dunedin to be deemed totvns for purposes of Ordinance. ■ 37. And I hereby further proclaim and declare, that Wellington, Nelson, Christchurch, Lyttelton, and Dunedin shall be deemed and taken to be towns for the purposes of the said recited Ordinance. Interpretation. 38. For the purpose of carrying into effect the provisions of this proclamation, the term Governor shall be taken to include the Lieut.Goverhor, Superintendent, or other officer administering the Government of the province.

. Proclamation to take effect from date. 39. This proclamation shall take effect from the day of the date hereof. Given under my hand,and issued under the public seal of the islands of New Zealand, at Government House, at Wellington, in the province of New Munster, in the islands aforesaid, this third day of June, in the year of our Lord one thousand eight hundred and fifty-two. G. Grey, Governor-in-Chief. By his Excellency's command, Alfbed Domett, Civil Secretary. God Save the Queen !