REPORT OF A SELECT COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE AMENDMENT OF THE ELECTORAL LAW.

Appendix to the Journals of the House of Representatives, 1858 Session I, F-01

F—No.

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REPORT OF A SELECT COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON THE AMENDMENT OF THE ELECTORAL LAW.

Report brought up 3rd July, 1858, and ordered to be printed with Minutes of Committee.

AUCKLAND: 1858.

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ORDER OF REFERENCE.

Tuesday, April 13, 1858. Ordered: —That the following Bills for the Amendment of the Electoral Laws, be referred to a Select Committee, viz,:— A Bill to repeal certain Laws relating to Elections in New Zealand. A Bill to provide for the periodical apportionment of Representation in the House of Representatives. A Bill to amend the -Law relating to the Qualification of Electors and Members of the House of Representatives. A Bill to amend the Law relating to the Registration of persons qualified to vote at Elections of Members of the House of Representatives. A Bill to make provision for the Regulation and Conduct of Elections of Members of the House of Representatives. A Bill to make provision for the Trial of Petitions against the Election or return of Members of the House of Representatives. A Bill to make provision for the Prevention of Corrupt Practices at Elections. A Bill to amend the Law relating to the Elections of Superintendents of Provinces aad Members of Provincial Councils. <. The Committee to consist of :— Mr. Merriman Mr. Packer „ Ollivier „ Beckham „ East ,j Richmond „ Carleton The Committee to have power to confer with any Committee appointed for the same purpose by the Legislative Council. F. E. Campbell, Clerk of the House of Representatives. The names of Messrs. Hall, Weld, and Dr. Monro, were subsequently added, Mr. East's name being discharged, REPORT. The Select Committee of the House of Representatives, appointed on the 13th April, 1858, to consider the Amendment of the Electoral Law have agreed to the following Report :— Your Committee have read and considered the series of eight Bills for the amendment of the Electoral Law which has been referred to them : Before stating the conclusions at which your Committee have arrived, it will be desirable briefly to indicate the nature of these proposed measures :— No. 1. The Electoral Laws Repeal Bill, simply repeals the whole of the Proclamation of the sth March, 1853, and such parts of the Constitution Act as are superseded by the other Bills of the series. No. 2. The Representation Apportionment Bill, provides for an increase of the number of the Members of the House of Representatives in 1860, to forty-two, and in 1863 to fifty ; and for the periodical division of the Colony, at intervals of 3 years, into Electoral Districts ; to which Members are to be assigned in proportion to the number of registered Electors within the Districts. The Rule adopted by this Bill is essentially identical with that laid down, for the first constitution of Electoral Districts, and the first assignment of Members io the several Districts, by the 41st Section of the Constitution Act; which enacts, that in determining the number and extent of the Electoral Districts, and the number of Members to be elected for each District, regard should be had to the number of Electors within the same, so that the number of Members to be assigned to any one District might bear to the whole number of the Members of the House of Representatives, as neai'ly as might be, the same proportion as the number of the Electors within such District should bear to the whole number of Electors in New Zealand. No. 3. The Qualification of Electors Bill, defines anew the Electoral Franchise. It innovates but little upon the Constitution Act. Amongst some less important alterations, it proposes to assimilate the the Household qualification in Town and Country, by conferring the Franchise on £5 Householders in Town. Under the Bill No. 2, it will be observed, that Electoral Districts would be defined without reference to the boundaries of Towns ; so that one and the same District might, and often would, include both Town and Country. i

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No. 4. The Registration of Electors Bill, makes provisions for the annual revision of the Electoral Rolls, by Officers appointed by the Government for the purpose, having the same powers of deciding on objections and correcting mistakes in the Roll, as are possessed by Revising Barristers in England. One provision of the Bill requires that claims to the Franchise shall be attested by the Declaration of the Claimant before a Justice of the Peace : wilfully false declarations subjecting the offender to a fine not exceeding £20. Another provision renders it the duty of the Officer who makes up the Lists for revision to object to Voters or Claimants whom he may consider as not qualified. No. 5. The Regulation of Elections Bill, proposes to introduce the system of written nominations of Candidates'and-vote by Ballot. No. 6. The Election Petitions Bill, prescribes the mode of procedure on Election Petitions, before specially constituted select Committee of the House. No. 7. The Corrupt Practices Prevention Bill, is founded on the English Corrupt Practices Prevention Act, 1854, and contains similar provisions against Bribery and Treating. No. 8. The Provincial Elections Bill, renders the qualification of Electors and Members of the Provincial Oouncils identical; as at present, with the qualification of Electors and Members of the House of Representatives. The qualification of Superintendents and their Electors, is also left as at present, identical with the qualification of Electors and Members of the Provincial Councils. The Electoral Rolls for the House of Representatives, are made conclusive proof of the right to vote at Provincial Elections. But the power of constituting Electoral Districts, for the purposes of such Elections, distinct from the Electoral Districts for the House of Representatives, is left as under the Constitution Act, with the Provincial Legislatures ; and no distinct provision is made for the formation of Electoral Rolls for the Provincial Elections, from the Rolls for the House of Representatives. It is not proposed by this Bill to extend the Ballot and other provisions of Bill No. 5, to the Provincial Elections, but to leave the conduct of such Elections to be regulated in each Province, by the Proclamation of sth March, 1853, until other provisions shall be made by the General or Provincial Legislatures. Controverted Elections, whether of the Superintendent or of Members of Provincial Councils, are to be determined upon by the Supreme Court, upon Writs in the nature of a Quo Warranto. In reference to these Bills, your Committee have adopted the following resolutions, viz. :— 1. That an apportionment of Representation based upon the number only, of the Registered Electors in the respective Electoral Districts, does not meet the requirements of the Colony. 2. That in regulating the extent of the Electoral Districts, under any new division thereof, the proportionate numbers of Electors, as proposed by Electoral Bill No. 2, ought not to be solely considered. 3. That a self-adjusting system of apportionment as provided for in the Electoral Bill No. 2 is not required, and that any such change of apportionment, as might from time to time appear advisable ought to be provided for by special enactment, pro re nata, 4. That the number of the Representatives ought to be considerably increased, after purification of the Roll, but without further unnecessary delay. 5. That means ought to be devised at some convenient future time, for giving a fitting influence to Education in the Representation of the Country. 6. That in any re-adjustment of the Representation of the Colony, regard, as far as possible, be had to the representation of Minorities. 7. That it is inexpedient to discontinue the practice of open voting, and that, in the opinion of this Committee, secret voting is calculated to produce greater evils than those which it is intended to remedy. 8. That the unrepresented state of certain important Districts, renders it advisable that Members should be assigned to them forthwith ; but that the actual Election of such Members should not take place until after the purification of the Electoral Roll. 9. That the Districts referred to in the preceding resolution are the following : the Southern part of the Southern Division of the Province of Auckland ; the District of Hawkes' Bay ; the District of Amuri ; the District of Murihiku ; —each to have one Member. 10. That it is desirable to make specific provision for the representation of the gold-digging population, under convenient regulations to be enacted for that particular purpose. It will be seen that the Ist, 2nd, and 3rd Resolutions involve the rejection of Bill No. 2. The 7th Resolution negatives the adoption of secret voting, and your Committee are also of opinion that the system of viva voce nomination should be retained. They therefore recommend the rejection of Bill No. 5. The other Bills your Committee recommend to the House subject to certain amendments. As regards Bill No 3, your Committee are of opinion, first, that the distinction between Household Qualification in Town and Country ought to be maintained : the Towns being, for the present, those designated by the Proclamation of sth March, 1853. Secondly your Committee propose to insert Clauses qualifying persons holding Pastoral Licenses, Graduates of British Universities, and members of the Learned Professions. In Bill No. 4, your Committee propose to make various formal amendments, and to add Clauses requiring the Rolls for the House of Representatives to be so made up as to specify the particular Provincial Electoral Districts for which each Elector is entitled to vote ; in order that one and the same roll may be available at the Elections for the House of Representatives and for the Provincial Councils. In Bills Nos. 6 and 7, your Committee propose only formal amendments. No. 8, your Committee recommend for adoption, subject to the following resolutions, viz. :—first in reference to Clause 5. ,

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That every Election of the Superintendent, or of a Member of the Provincial Council of a Province, shall be conducted, mutatis mutandis, in manner prescribed by the laws having reference to the Election of Members of the House of Representatives. Secondly in reference to Clauses 6 and 7. That the Provincial Councils ought to be Judges in the first instance, of the validity of the Election ,of the Members thereof, subject to an appeal to the Supreme Court. Your Committee further recommend the addition to this Bill of a clause, defining the qualification of Superintendents, and Members of the Provincial Councils. The various formal amendments proposed, are indicated in the copy of the Bills appended to this Report. C. W. Richmond. House of Representatives, 2nd July, 1858.

MINUTES OF COMMITTEE.

Thursday, April 15, 1858. Committee met at 11 a.m. Members present :— Mr. Richmond Mr. Carleton „ Ollivier „ Packer „ East Mr. Richmond in the chair. The Order Reference read— On motion of Mr. Carleton, seconded by Mr. Ollivier, Resolved, —That the consideration of Electoral Bill No. 1 be postponed. Committee read and considered Bills No. 2, 3, and 4. The Committee adjourned to next day at noon. C. W. Richmond. Friday, April 16, 1858. Committee met. Members present : — Mr. Richmond Mr. Ollivier „ Merriman „ Packer „ Beckham „ Carleton „ East Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. Committee read and considered Electoral Bills Nos. 5 and 6. Committee then adjourned to Monday, the 19th April, at noon. C. W. Richmond. Monday, April 19, 1858. Committee met. Present :— Mr. Richmond Mr. Beckham „ Ollivier „ East „ Carleton „ Packer Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. Electoral Bill No. 2 considered, with regard to the principles involved. Clause 1 read and agreed to. Clause 2 read. Moved by Mr. Ollivier : — That the clause do stand. Moved by Mr. Carleton, by way of amendment :— That in lieu of the words " 1860, and in every third year afterwards," the following words be inserted; "In the year 1863, and thenceforth in every sth year." Carried. Moved by Mr. Carleton :— That the clause as amended do stand. Carried. Moved by way of resolution by Mr. East in reference to clause 3 :— " That the number of members apportioned to a district shall be according to the number of Electors, and not according to the number of votes possessed by the Electors." Moved by way of amendment by Mr. Carleton :— That the consideration of clause 3 be postponed.

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Amendment put. Ayes. , Noes. Mr. Carleton Mr. Ollivier „ Packer „ East ~ Beckham Original motion put— Ayes. Noes. Mr. East Mr. Packer „ Ollivier „ Beckham Mr. Carleton disapproving of solely numerical apportionment in either form, but not desiring to impede the progress of the Bill, declined to vote. Committee then adjourned to Wednesday, 21st April inst., at II o'clock, a.m, C. W. Richmond.

Wednesday, April 21, 1858. Committee met. Present :— Mr. Richmond Mr. East ; „ Packer „ Carleton „ Ollivier „ Beckham „ Merriman Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. Electoral Bill No. 2 further considered. Clauses 3, 4, and 5 read and agreed to. Clause 6 read. Moved by Mr. Carleton :— That after the words " to be," the words " printed and" be inserted. Amendment put and carried. Oa motion of Mr. Carleton, the Ist clause was recommitted. Moved by Mr. Carleton, by way of amendment:— That the word "fifty" T be substituted for the words "forty-two," in the third line. Amendment put. Ayes. Noes. Mr. East Mr. Merrimau ~ Carleton „ Packer. „ Ollivier Clause as amended agreed to. Committee then proceeded to consider Electoral Bill No. 3. Clause 1 read. Moved by Mr. East :— That after the words "and upwards" the words "who shall have been an actual resident in the colony for the space of two years from the time of his first arrival therein," be inserted. Amendment put. Ayes. Noes. Mr. Carleton Mr. Beckham „ East „ Ollivier „ Packer Moved by Mr. Beckham, — That the first sub-section of clause 1, do stand as read. Carried. Moved by Mr. Beckham, by way of amendment of the second sub-section of clause 1 :— That it stand as follows :—" Or occupying a leasehold estate situate within such district, of the annual value of £10, held upon a lease granted for a term of not less than 3 years, under which he has been in occupation for 6 months, at least, at the time of Registration." Amendment put and carried. Committee then adjourned to Thursday, the 22nd April, at 12 at noon. C. W. Richmond.

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Thursday, April 22, 1858Committee met. Present :— Mr. Richmond Mr. Eeckhatn " East " Carleton " Packer " Hall " Ollivier Mr. Richmond in the Chair. Minutes of preceding meeting read and confirmed. By resolution of the House, bearing date the 21st day of April, instant, Mr. Hall was added t» the Committee. Electoral Bill No. 3 further considered. Moved by Mr. Ollivier : — That sub-section 3of clause Ido stand as follows r—" Or being a householder within such district occupying a tenement, if within the limits of the Towns of Auckland, New Plymouth, Wellington, Nelson, Christchurch, Lyttelton and Dunedin, of the annual value of £10 ; or if without such limits, of the annual value of £5 ; and having resided within such district, and occupied a tenement therein of sufficient value to constitute a qualification for 6 months at least at the time of Registration." Amendment put and carried. The Chairman not voting. Moved by Mr. Hall:— That the same sub-section be further amended by the introduction of the following words after the word Dunedin :— i( Or of any Town to be constituted by the General Assembly for the purposes of this Act." Amendment put and carried. Moved by Mr. Hall :— That clause 1 be further amended by adding a sub-section to be numbered 4, in the following words :—" Or holding a license to depasture stock upon Waste Lands of the Crown within the district for which his vote is to be given, paying for the same not less than £10 per annum, and having held such license for six months at least at the time of Registration." Amendment put and carried. Clause 1 as amended read and agreed to. Clause 2 read. Moved by Mr. Hall:— That the clause be amended and stand as follows : " When any freehold or leasehold hereditaments, House, Tenement, or Pasturage License are or is held or occupied by more than one person each of such Freeholders, Leaseholders, Householders, or Licensees, shall be deemed to possess a qualification provided that the value of his individual share or interest be sufficient to confer a qualification, under this Act. Clause as amended read and agreed to. Clauses 3, 4, 5, 6, 7, 8 read and agreed to. Committee then adjourned to Friday, 23rd April, at 11 o'clock. C. W. Richmond.

Fridat, April 23, 1858. Committee met. Present :— Mr. Richmond, Mr. East, " Packer, " Ollivier, " Beckham, " Carleton. « Hall, Mr. RicTimond in the chair. Minutes of preceding meeting read and confirmed. Moved by Mr. Hall :— That subsection 3 of Clause 1 of the Electoral Bill No. 3 be reconsidered, and be further amended by adding after the word " Dunedin" the words " as defined in the Schedule to this Act." Carried. Committee then proceeded to consider Electoral Bill No. 4. Clause 1 read and agreed to. Moved by Mr. Carleton :— That Clause 2be postponed. Carried. Clause 3 read. Moved by Mr. Hall :— That the Clause be amended by inserting the words "or copied" after the word "perused," and that the words following the word " Sundays" in the 7th line to the end of the Clause be emitted.

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Clause 4 read and agreed to with a verbal error amended in the 7th line by substituting the word " to" for the word " than." Clause 5 read. Moved by Mr. Ollivier :— That in the fourth line after the word " Peace," the words, "or the Registration Officer," be inserted ; and after the word " accordingly," the words " without fee," be also inserted ; and that instead of the words " and one other" the words " together with any one or more" be substituted ; and that the word " Justice," immediately following, be in the plural. Amendment put and carried. Clauses 6 and 7 read and agreed to. Moved by Mr. Ollivier :— That the consideration of clauses 8 and 9be postponed. Carried. Clauses 10, 11, 12, 13, l4and 15, read and agreed to. Clause 16 read and agreed to with a verbal alteration in sth line, the word "district" being substituted for the word " place." Clause 17 read. Moved by Mr. Hall :— That the clause be amended, and stand as follows :—" The Governor shall, in or about the month of July in every year, appoint so many competent persons, as he may deem necessary, who shall be called Revising Officers, to revise the lists of voters for that year in the several Electoral Districts of the Colony ; Provided always that no Revising Officer shall for two years after his appointment, be eligible to be elected as a member of the House of Representatives for any Electoral District for which he shall have been so appointed, nor as Superintendent of the Province in which any such Electoral District shall be situate, nor as a member of any Provincial Council for any such district, or for any district wholly or partially included therein." Clause as amended read and agreed to. Clauses 18 and 19 read and agreed to. Clause 20 read. Moved by Mr, Ollivier:—■ That the clause be amended by substituting the words "one or more" instead of the words " such two" in the sth line, and by inserting after the word " specifying" in the 7th line the words "as nearly as may be" and by omitting the words " and the objections to be heard" in the last line, Clause as amended read and agreed to. Clauses 21, 22, and 23, read and agreed to. Clause 24 read and postponed. Clauses 25 and 26 read and agreed to. Clause 27 read. Moved by Mr. Hall :— That in the clause the word " two" be substituted for i,he word " one." Amendment put and carried. Clauses 28, 29, and 30, read and agreed to. Clause 31 read. Moved by Mr. Hall :— That the clause be amended by omitting all the words to and including the word " Officer," in the 3rd line thereof, and by inserting in lieu thereof the words " the Revising Officer." Question put. Ayes. Noes. Mr. Hall Mr. Packer ~ Ollivier „ Beckham „ East „ Carleton Clause 32 read and agreed to. Clause 33 read. Moved by Mr. Ollivier :— , . That the clause be amended by substituting the word "three" for the word J' two, m the 3rd line, by inserting the words " one for the use of the Registration Officer," after the word "use" in the same line, and by omitting the words " other being a duplicate thereof," and inserting the word " third" instead. Clause as amended read and agreed to. Clause 34 ; verbal alteration made by substituting the word " hereinbefore instead of " hereinafter." Clause then read and agreed to. Clause 35 read and agreed to. >( Clause 36 ; verbal alteration made by substituting the word " a" for the words "the duplicate. Clause then read and agreed to. Clause 37 read.

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Mr. Ollivier moved:— That the sum of £10 be substituted for £5, in the 13th line, and that the following be introduced as a second proviso,—" Provided also that no such order shall be made against any Registration Officer," and that the word " also" in the 13th line be altered to " further." Question put that clause as amended do stand part of the Bill. Carried. Clauses 38, 39, 40, 41, 42, 43, and 44, read and agreed to. Clause 45 amended in order to agree with clause 33 by inserting after the word " Secretary" in the 14th line the words " and Registration Officer respectively" and by striking out the word " Duplicate" and putting the following word " Roll" in the plural in the next line. Clauses 46, 47, and 48, read and agreed to. Clause 49 read. Moved by Mr. Hall :— That the words " and the sum so recovered shall be in full of all damages for such misfeasance or act of Commission or omission" be added to the clause. Amendment put and carried. Clause 50 read. Moved by Mr. Hall :— That the words at the end of the clause, " the general revenue of the Colony" be omitted, and the words "such sums as shall from time to time be appropriated by the General Assembly for that purpose" be inserted. The remaining Clauses of the Bill were then read and agreed to. Schedule read. Alteration made in form 3 of Schedule by the addition of the words "or Registration Officer" after the letters " J.P." at end of the form. Moved by Mr. Ollivier :— That form No. 8 in said Schedule be amended by omitting the word "or written" in the Ist line, and adding the words " and for every written copy treble the above rates" at the end of the form. Committee then adjourned to Monday, April 26, at 12 o'clock noon. C. W. Richmond.

Monday, Apbil 26, 1858. Committee met. Present : — Mr. Richmond. „ East Mr. Ollivier „ Packer „ Carleton „ Hall Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. Moved by Mr. Hall :— That Clause 52 of Electoral Bill No. 4 be reconsidered ; and that after the words '• New Zealand," the following words be added, " and no such notice shall be valid unless given before 4 o'clock p.m., on the last day appointed for giving the same." Amendment put and carried. Committee then proceeded to consider Electoral Bill No. 5. Moved by Mr. Carleton by way of resolution in reference to Electoral Bill No, 5, by which Ballot is introduced :— " That it is inexpedient to abandon the system of open voting." Question put. Ayes. Noes. Mr. Carleton Mr. Ollivier „ Hall „ East „ Richmond Mr. Packer not voting. Moved by Mr. Ollivier, as a resolution in reference to the Nomination of Candidates in writing introduced by clause 7 :— " That the system of open Nomination be retained." Carried. The Chairman not voting. Whereupon the Committee recommended to the re-consideration of the Government, Clauses o T 7, 8, and 10, and the forms in the Schedule referred to by such Clauses. Clauses 1 and 2 read and agreed to. Moved by Mr. Ollivier :— That the words "with or without hard labour" in the 10th and 11th lines of Clause 3, be omitted. Amendment put and carried. Clauses 4, 5, 6, 7, 8, 9, 10 and 11 read and agreed to—but subject to the foregoing resolution of the committee with reference to clauses 5, 7, 8 and 10.

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Clause 12 read.—Moved by Mr. East :~ That the clause be amended by striking out the words " with or without hard labour" in the 13th line. Amendment put and carried. Clauses 13, 14, and 15 read and agreed to. Clause 16 read.—Moved by Mr. Ollivier ;— That in sub-section 1 the word " exactly" be omitted. Carried; Sub-section then read and agreed to. feub-sections 2, 3, and 4, read and agreed to. Moved by Mr. Ollivier : That in sub-section 5, after the word " same," ending the third line, the words " other than the person to whom such voting papers are to be entrusted," be inserted. Amendment put and carried. Concluding proviso of Clause read and agreed to. Clause 17 read and agreed to. Clause 18 read.—Moved by Mr. Ollivier :— That the clause be amended by inserting after the word "fox , " ending the 4th line, the words " such reasonable time as may be required for." Amendment put and carried. Clause 19 read and agreed to. Clause 20 read.—Moved by Mr. Ollivier :— That the clause be amended by omitting the words " besides a sufficient number of constable* to keep order if required" in the 2nd and 3rd lines. Amendment put. Ayes. Noes. Mr. Ollivier Mr. East „ Hall Mr. Packer and the Chairman not voting. Clause then read and agreed to. Introductory part and Ist sub-section of clause 21, read and agreed to, Moved by Mr. East:— That sub-section 2 be amended and stand as follows:—" Whenever any Elector shall offer 1 himself to record his vote, the Returning Officer, Deputy Returning Officer, or Poll Clerk, as the case may be, shall deliver to the Elector one Voting Paper for each Candidate, so folded as td conceal the narhe of the Candidate, and so as to exhibit plainly the signature of the Returning Officer, Deputy Returning Officer, or Poll Clerk, on the back thereof." Question put, That sub-section as amended do stand part of the Bill. Carried. Moved by Mr. East:— That sub-section 3, of clause 21, be amended by inserting the words " again separately," after the word "then," in the Cth line ; and after the word "up" in the same line, the words "ill manner aforesaid," and by omitting the word " separately," immediately following, and alsd omitting in the next line from the word " selected," all the words to the end of the sub-section. Question put, That sub-section as amended do stand part of the Bill. Carried, hub -section 4 read and agreed to. Moved by Mr. Ollivier :—> That sub-section 5 be amended by omitting the words at the end of the sub-section , " and carrying away the pieces with him if he shall think fit." Amendment put and carried. Sub-section then read and agreed to. Sub-section 6 read and agreed to. / Clause, as amended, read and agreed to. Clauses 22, 23, and 24, read and agreed to. Clause 25 read. Moved by Mr. Ollivier :—• That the clause be amended by omitting the words, in the sth and 6th lines, "or by any twd Electors of the Electoral District for which the Election is being held." Carried. Clause as amended rCad and agreed to. Clauses 26, 27, and 28, read and egreed to. 29 read. Moved by Mr. East:— That the "clause be amended by omitting in the 4th and sth lines the words '' Candidate or any," and the words "or any agent appointed in writing by any Candidate. Carried. Clause as amended read and agreed to. Clause 30 read. Moved by Mr. Hall:— That the clause be struck out. Carried. Clause 31 read. Moved by Mr. Ollivier :— That the clause be amended by the addition to the commencement of the Clause of the words " Such constable shall take the person so in his custody at the earliest convenient time before two Justices of the Peace having jurisdiction at the polling place at which such person shall have voted as aforesaid and," and also by omitting the words in the 2nd and 3rd lines " upori the evidence on oath of not less than two credible witnesses."

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Question put and passed, that Clause 32 be postponed. Clauses S3, 34, and 35 read and agreed to. Clause 36 read. Moved by Mr. East :— That the clause be amended by inserting the words in the 2nd line, after the word " box,"' " otherwise than as hereinafter provided." Committee then adjourned to Tuesday, 27th April, 12 at noon. C. W. Richmond,

Tuesday Afkil 27, 1858. Committee met. Present : — Mr. East Mr. Packer „ Ollivier „ Hall „ Merriman Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. Clause 37 read. Moved by Mr. Ollivier:— That the first part of the clause, of Electoral Bill No. 5 be amended by substituting the word " forty-eight" for the words " twenty-four," in the sth line, by omitting in the Bth, 9th, and 10th lines the words <; Each Candidate, or of a scrutineer, to be appointed ia writing by him, or by his two proposers, if he shall not make any sucli appointment;" and by inserting the following words instead, —" The Candidates or their respective Scrutineers to be appointed in writing by them respectively, or as to such of them as shall not make any such appointment by their respective two proposers, if such Candidates or Scrutineers shall choose to be present." Amendment put and carried. Clause as amended read and agreed to. Clause 38 read and agreed to. Clause 39 read. Mr. Ollivier moved :— That the clause be amended by omitting the words " or Poll Clerk," occurring in the 5th A andGth, lines of Clause. Carried. Mr. Ollivier, moved :— That Clause 40 be postponed. Carried. Clauses 41, 42, and 43, read and agreed to. Clause 44 read. Moved by Mr. Packer :— That the clause be amended by the insertion of the, words "such sums as shall from time to time be appropriated by the General Assembly for that purpose" in lieu of the ivords " the General Revenue of the Colony of New Zealand." Carried. Clause then read and agreed to. Clause 45 read and agreed to. Clause 46 read. Moved by Mr. Packer :— That the clause be amended by the omission of the words in the Ist and 2nd lines " under this Act are" and the insertion of the words " may be." Clause as amended, read and agreed to. Mr. Hall moved : — That the following Clause be introduced, and stand as Clause 47 of the Bill, viz. ; " 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." Carried. Moved by Mr. Hall: . That Clause 4 be re-considered and amended, by adding ths words "or in some Provincial Government Gazette." Amendment put and carried. Clause 37 re-considered and amended by the insertion of the word "such" in the 19th line in lieu of the word " the" before the worcl candidates. Clauses 48, 49, and 50 then read and agreed to. Schedule read. Form 1 agreed to. Forms 2, 3, 4, and 5, postponed. Forms 6, 7, 8, 9, and, 10, read and agreed to. Moved by Mr. Hall, by way of resolution :— " That provision should be made for the non -admission of the votes of Electors who may appear in such a state of intoxication as may render them unable to distinguish, far whom they tender their votes."

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Ayes. Noes. Mr. Hall Mr. Ollivier „ Packer „ East „ Merriman The Committee then adjourned to Wednesday, April 28, at 12 at noon. C. W. KICHKCtTB,

■Wednesday, April 28, 1858. Committee met. Present: — Mr. Hall Mr. Packer „ Ollivier „ Carleton Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. Committee then proceeded to consider Electoral Bill No. 6. Clauses 1 to 6 inclusive, read and agreed to -Clause 7 read. Moved by Mr. Ollivier:— That the clause be amended by omitting in the 2nd line the words " before a Justice of the Peace," and by inserting the words "as aforesaid" in lieu thereof ; and in the 3rd Hue by inserting the words "or Examiner" after the word " Justice." Carried. Clause as amended agreed to. Clauses 8 to 35 inclusive, read and agreed to. Clause 36 read. Moved by Mr. Ollivier :— That the clause be amended by substituting the words " twenty-four" for the words " fortyeight" in the 19 th line, and also by striking out the last Proviso. Carried. Clause as amended read and agreed to. Clauses 37 to 43, inclusive, read and agreed to. Clause 44 read. Moved by Mr. Hall :— That the clause be amended by inserting in the Ist line after the word "wilfully" the words " and without reasonable cause" and by omitting the word " double" in the Bth line. Carried. The Committee then adjourned to Friday, 30th April, 1858, at 12 o'clock. C. W. RiCHMoro,

Friday, April 30,1858. Committee met at ten minutes past 12. fiLr, Ollivier, and Mr. Hall being the only members present, * Committee adjourned, sine die. Tuesday, May 4, 1858. Committee met. Present :— Mr. Beckham Mr. Ollivier „ Carleton „ Hall Mr. Eichmond in the chair. The minutes of the 28th April read and confirmed. Committee proceeded to consider Electoral Bill No. 7. Clause 1, rea"d. Verbal error in sub-section 1 amended by inserting the word " or." % after the word " Elector," in the Gth line. Bub-section 1 read and agreed to. Verbal error in sub-section 2 amended by inserting the word " for" between the words " or" and " any," in the sth line. Sub-section 2 read and agreed to, Sub-section 3, 4, and 5, and the remaining part of clause read and agreed to. Clause 2 read. Verbal error in sub-section f amended by altering the word " of," at the end of the 4th line, to "or." Sub-sections 1 and 2, and the concluding part of clause read and agreed to. Clause 3 amended by the omission of' all the words following the word "suit" in the 15th lino. .Question put, That Clause 3as amended, do stand part of the Bill. Carried. .Clause 4 amended by inserting the word "shall" after the word "contrivance"in tho 10th lias, and the word "full," after the word " with," in the last line. Clause as amended read and agreed to. Clause 5 read. Moved by Mr. Hall :—■ That the clause be amended by inserting the words "within 5 years'' ater the word "ha<>" in the 3rd line, and by inserting the same words after the word '' has" in. the sth, line, and by alter* ing the word " either" in the 7th line to the word " any." Amendment put and carried.

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Moved by Mr. Ollivier :^— That the whole of the words following the word " claim" in tha 11th line bo omittad. Amendment put and carried. Question put that Clause as amended do stand part of the Bill. Carried. Clauses 6 and 7 read and agreed to. Moved by Mr. Hall, by way of resolution :— " That it is expedient to prevent the candidate or liis agent during any Election employing any band of music or banner." Question put. Ayes. Hoes. Mr. Hall, Mr. Beckhany " Carleton, " Ollivier. The Chairman not voting. ■ Moved by Mr. Ollivier : That Clause 8 be omitted. Question put. Apes. Noes. Mr. Ollivier, Me. Beckham, " Hal!, " Carleton, The Chairman not voting. Question put that Clause do stand as read. Carried. Clauses 9 to 13 inclusive, read and agreed to. Clause 14 read. Moved by Mr. Ollivier.— That the clause be amended by substituting in the 4th line the words " six months" forth^" words one year. Carried. Clause further amended by omitting the word " shall," in the 4th line, and the word " be," at tlid* commencement of the sth line; anil by inserting between the words "Act" in the 4th'liae,fand "committed, , ' in the sth line, the words "shall have boon.' . Question put, That clause as amended do stand part of Bill. Carried. Clauses 15 and 1C read and agreed to. Clause 17 amended by inserting the word "the" before the word " corrupt," in the Ist line. Clause then read and agreed to Committee then adjourned to Wednesday, sth May, at 12 at noon. C. W. Eichmond;

Wednesday, Mat 5, 1858. Committee met. Present : — Mr. Packer Mr. Ollivier j, East „ Beckham „ Carletoa „ Hall MrV Richmond in the chair. Minutes of preceding.meeting readand confirmed. Committee then proceeded to consider Electoral Bill No. 8. Moved by Mr. Carleton : — As a resolution in reference to Electoral Bill No. 8, enacting that it shall be lawful for the*' Provincial Legislatures to divide Provinces' into Electoral Districts, and to make provision for the conduct of Provincial Elections, " Th at it is inexpedient to allow Superintendents and Members of Coancil such means of fecili* - tating their own re-elections." Question put. Ayes. Nnes. Mr. Carleton . Mr. Hall „ East „ Ollivier „ Packer ,i Beckham Question then put — That Clause do stand as read. Moved by Mr. Hall as an amendment : — That the following Proviso be inserted after the word "alter" in the sth line : " Provided always that every Bill for such purpose shall be reserved for the signification of the Govern nor's pleasure thereon." Question put,—That the Proviso as read,do form part of Clause.

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F—No. 1

Ayes. Mr. Hall, " Ollivier, " Packer, " East. Mr. Carleton and Mr. Beckham not voting. Question then put— That Clause as amended do stand part of Bill. Ayes. Noes. Mr. Hall Mr. East „ Ollivier „ Beckham „ Packer „ Carleton Chairman gave his casting Vote in favor of the Ayes. Clauses 2 and 3 read and agreed to. Moved by Mr. East:— That the following clause he inserted and stand as Clause 4 of the Bill:—" Every person who shall be entitled to Vote at any Election of a Member of the Provincial Council of any Province, shall be qualified to be Elected a Member of such Council, or to be Elected Superintendent of such Province. Carried. Question put, That Clause 4, as printed, do stand part of Bill. Moved by Mr. Hall :— That Clause be postponed. Carried. Moved by Mr. Hall as a resolution in reference to Clause 4, in printed Bill:— " That for the purpose of forming Rolls for Provincial Elections, it is desirable that the officers by whom the Rolls of Electors for the House of Representatives are made up, should specify on such Rolls the particular Electoral District for which such Elector is entitled to vote at Provincial Elections." Carried. Clause read and agreed to subject to resolution. Clause 5, as printed, read. Moved by Mr. Hall:— That the clause be amended by inserting after the word thereof in the 6th line the words "or any other law now in force for that purpose." Carried. Question put, That Clauses 6 and 7as printed be postponed. Carried. Clauses 8, 9, and 10 as printed read and agreed to. Committee then adjourned to (12th May) Wednesday, at 12 o'clock. C. W. Richmond.

Wednesday, May 12, 1858. Committee met. Present : — Mr. Carleton, Mr. Beckham. " Merriman, Committee adjourned to Friday, 14th May, at 12 o'clock.

Friday, May 14, 1858. Mr. Hall being the only member present. Committee adjourned sine die, C. W. Richmond-

Thursday, June 17, 1858. Committee met. Present :— Mr. Richmond Mr. Ollivier „ Packer „ Hall „ Carleton Dr. Monro Minutes of preceding meetings read and confirmed. By a resolution of the House, dated the 16th day of June, Mr. East was discharged from this Committee, and Mr. Weld and Dr. Monro added thereto. Moved by Mr. Carleton: — That on account of the alteration which has taken place in the Constitution of this, Committee by the discharge of one member (Mr. East) from attendance, and the addition of Mr. Weld and Dr. Monro, the Electoral Bills ought to be re-considered. Carried. Committee then adjourned to Monday next, at 11 o'clock. C. W. Richmond.

Monday, June 21, 1855. Committee met. Present. — Mr. Richmond Mr. Hall „ Weld „ Beckham „ Carleton Dr. Monro „ Ollivier Mr. Richmond in the chair. Minutes of preceding meeting read and confirmed. The following resolutions were then moved by Mr. Carleton :— 1. That an apportionment of Eepresentation based upon the number only of the Registered Electors in the respective Electoral Districts, does not meet the requirements of the Colony. Carried. 2. That in regulating the extent of the Electoral Districts, under any new division thereof, the proportionate numbers of Electors as proposed by Electoral Bill No. 2 ought not to be solely considered. Carried. 3. That a self adjusting system of apportionment as provided for in the Electoral Bill No. 2 is not required, and that any such change of apportionment as might from time to time appear advisable, ought to be provided for by special enactment, pro re nata. Carried. 4. That the number of the Representatives ought to be considerably increased after purification of the roll, but without further unnecessary delay. Carried. 5. That means ought to be devised at some convenient future time, for giving a fitting influence to education in the Representation of the Country. Carried. 6. That in any re-adjustment of the Representation of the Colouy, regard as far as possible behad to the Representation of minorities. Question put. Ayes. Noes. Mr. Carleton, Mr. Ollivier. " Beckham, " Hall, " Weld. Dr. Monro not voting. 7. That it is inexpedient to discontinue the practice of open voting, and that in the opinion of this Committee secret voting is calculated to produce greater evils than those which it is intended to remedy. Question put. Ayes. Noes. Mr. Carleton, Mr. Richmond, " Hall, « Ollivier.. " Monro, " Weld. 8. That the unrepresented state of certain important Districts, renders it advisable that members should be assigned to them forthwith, but that the actual election of such members should not take place until after the purification of the Electoral Roll. Carried. 9. That the Districts referred to in the preceding resolution are the following : The Southern part of the Southern Division of the Province of Auckland, the District of Hawkes' Bay, the District of Amuri, the District of Murihiku : each to have one Member. Carried. 10. That it is desirable to make specific provision for the representation of the Gold Digging population, under convenient regulations to be enacted for that particular purpose. Carried. The following resolutions were also brought under the consideration of the Committee :— Moved by Mr. Ollivier :— That in apportioning the number of Representatives to the several districts regard should be had to the character of the District. In those Districts formed within the limits of Townships the number of Representatives should bear the numerical proportion of 1 to 10. In agricultural and mining Districts 1 to 8. In pastoral Districts 1 to 6. Withdrawn by consent. Moved by Mr. Carleton :— That laws to make better provision for Provincial Elections ought to be enacted by the General Assembly. Withdrawn by consent. Committee then adjourned to Wednesday, 23rd June, 1858, at 10.30. C. W. Richmond. Wednesday, June 23 ( 1858. Committee met, Present: — Mr. Richmond Mr. Weld " Monro " Carletan " Merriman " Hall " Packer " Beckham

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15

F—No. 1

Mr. Richmond in the chair. Minutes of preceding , meeting were read and confirmed. Committee then proceeded to re-consider Electoral Bill No. 3. (Qualification of Electors.) Clause 1 read. Moved by Mr. Carleton : — That a sub section, to stand as No. 5, be added to Clause 1, as follows • — Or being a Graduate of any University within the British Dominions, or a Member of any of the learned professions and having resided within such District for 6 months at least at the time of Registration. Carried. Committee then proceeded to re-consider Electoral Bill No. 4, (Registration of Electors.) Moved by Mr. Carleton :— That in Clause 2, 6th line, the word " List," be substituted for the word " Roll/ and that the Chairman be requested to make corresponding corrections where necessary in other Clauses' of the Bill. Carried. Question put and passed. That Clauses 2, 8, 9, and 24, postponed at a sitting of the Committee on the 23rd April last, do stand as read, subject to the preceding resolution. Committee then proceeded to re-consider Electoral Bill No. 7 (Corrupt Practices). Moved by Mr. Carleton :— In reference to a Resolution of the Committee adopted at its last sitting (21st June inst.,) by which it was resolved : " That it is inexpedient to discontinue the practice of open voting, and that in the opinion of this Committee, secret voting is calculated to produce greater evils than those which it is intended to remedy" the following words in Clause ill " and every " Elector who shall corruptly accept or take any such meat, drink, entertainment, or provision, " shall be incapable of voting at such Election and his vote if given shall be utterly void and " of none effect," struck out at a sitting of the Committee on the 4th of May last be re-inserted. Question put. Ayei. Noes. Mr. Carleton Mr. Ollivier. Dr. Monro « Weld « Hall " Packer. Moved by Mr. Ollivier :— That Clause 8 be expunged. Ayes. Noes. Mr. Ollivier Mr. Weld Dr. Monro. v " Carleton " Hall " Packer. Committee then proceeded to re-consider Electoral Bill No. 8 (Provincial Elections). Question put that the new Clause to follow Clause 3 postponed at a former meeting be now passed. Carried. Moved by Mr. Carleton, by way of Eesolution, and in reference to Clause 5 as printed of the Electoral Bill No. 8. That every Election of the Superintendent or of a Member of the Provincial Council of a Province shall be conducted, mutatis mutandis, in manner prescribed by the laws having reference to the Election of Members of the House of Representatives. Ayes. Mr. Carleton " Beckham Dr. Monro. The other Members present, viz., Mr. Ollivier, Mr. Packer, Mr. Hall, not voting. Moved by Mr. Packer, with reference to Clauses 6 and 7 of the Electoral Bill No. 8:— " That the Provincial Councils ought to be Judges, in the first instance of the validity of the Members thereof, subject to an appeal to the Supreme Court." Carried. Moved by Mr. Hall:— That subject to the above mentioned resolutions of Mr. Carleton and Mr. Packer, and to resolution in reference to Clause 4 of the BiH, proposed by Mr. Hall and adopted by the Committee on the sth May last, the Bill be passed. Carried. Committee then adjourned to Tuesday, 29th June, at 12 o'clock. C. W. Richmond. Tuesday, June 29,1858. Committee met. Present: — Mr. Richmond Dr. Monro " Weld Mr. Beckham " Packer " Ollivier " Hall " Merriman

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Mr. Richmond in the Chair. Minutes of preceding Meeting read and confirmed. N.B.—By leave of the Committee, Mr. Ollivier was permitted to record on the Minutes that his voice was inadvertently given for Mr. Carleton's resolution to] add asub-section to Bill No. 3, qualifying Graduates of British Universities and Members of the Learned Professions, Mr. Ollivier being of opinion that it is premature to constitute such aqualification in this Colony. Committee then considered the amendments proposed by Mr. Richmond in Electoral Bill No. 4 (Registration of Electors). Moved by Mr. Hall :— That the amendments as read, be adopted. Carried. Committee then proceeded to consider the Chairman's Report. Moved by Mr. Ollivier :— That the Report as read be adopted and ordered to be presented to the House. Carried. Committee adjourned sine die. C, W. Richmond,