No. XIII. an Act to Provide More Effectually for the Representation of the People in the Legis Lative Assembly
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No. XIII. An Act to provide more effectually for the Representation of the people in the Legis lative Assembly. [12th July, 1880.] HEREAS it is expedient to make better provision for the W Representation of the People in the Legislative Assembly and to amend and consolidate the Law regulating Elections to the Legisla tive Assembly Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :— Preliminary. 1. In this Act the following words in inverted commas shall have the meanings set against them respectively unless inconsistent with or repugnant to the context— " Governor"—The Governor with the advice of the Executive Council. "Assembly"—The Legislative Assembly of New South Wales. " Speaker"—The Speaker of the Assembly for the time being. " Member"—Member of the Assembly. "Election"—The Election of any Member or Members of the Assembly. " Roll"—The Roll of Electors entitled to vote at the election of any Member of the Assembly as compiled revised and perfected under the provisions of this Act. "List"—-Any List of Electors so compiled but not revised or perfected as aforesaid. " Collector"—Any duly appointed Collector of Electoral Lists. "Natural-born subject"—Every person born in Her Majesty's dominions as well as the son of a father or mother so born. " Naturalized subject"—Every person made or hereafter to be made a denizen or who has been or shall hereafter be naturalized in this Colony in accordance with the Denization or Naturalization laws in force for the time being. " Authorized Agent"—Any person holding the written authority of any candidate to act on his behalf for the election then pending. 2. The Act twenty-second Victoria number twenty being the " Electoral Act of 1858" and the Act thirtieth Victoria number twenty-one are hereby repealed but such repeal shall not affect any act proceeding proceeding matter or thing done or commenced under the authority of either of the said Acts And the provisions of the said repealed Acts shall he in force for and govern the Assembly as constituted by the said repealed Acts until the expiration of this present Parliament by effluxion of time or dissolution. 3. This Act shall be styled the " Electoral Act of 1880" Its provisions shall come into force on the day of the passing thereof They are arranged in the following order— Preliminary—ss. 1 to 3 inclusive. PART I.—Electoral Districts—Apportionment of Members—ss. 4 to 12 inclusive. PART II.—Electoral Lists and Rolls—ss. 13 and 11. PART III.—Election Writs—Returning and Presiding Officers— Proceedings at Elections—ss. 15 to 51 inclusive. PART IV.— Committee of Elections and Qualifications—ss. 55 to 74 inclusive. PART I. Electoral Districts—Apportionment of Members. 4. New South "Wales shall be divided into the seventy-two Electoral Districts named and described in Schedule A hereto And such Districts shall subject to the provisions of this Act be entitled to return one hundred and eia;ht Members to serve in the Legislative Assembly And the boundaries of the said Electoral Districts shall be those respectively set forth in the said Schedule. 5. The Electoral Districts of East South and West Sydney shall each return Pour Members The Electoral District of Mudgee shall return Three Members—The Electoral Districts of Argyle—Balranald— The Bogan—Camden—Canterbury—Carcoar—Central Cumberland— Eden—Forbes—The Hastings and Manning—The Hume—The Upper Hunter—East Macquaric—Monaro—The Murray—The Murrumbidgee —Newcastle—New England—Newtown—Northumberland—Orange —Paddington—Redfern—Tamworth—and Young shall each return Two Members and all other Electoral Districts shall each return One Member to serve in the Assembly Provided always that the number of Members herein respectively assigned to such districts shall be subject to the provisions contained in the next four following sections. 6. Subject to the conditions and provisions hereinafter contained every Electoral District entitled under the provisions of the next preceding section to return two Members to serve in the Assembly shall so soon as the number of electors on the Electoral Roll for the time being of such Electoral District shall have reached five thousand be and continue to be entitled as hereinafter mentioned to return one additional Member to serve in the Assembly. 7. Subject to the aforesaid conditions and provisions every Electoral District so entitled as aforesaid to return one Member only to serve in the said Assembly shall so soon as the number of electors on the Electoral Roll for the time being of such Electoral District shall have reached three thousand be and continue to be entitled as in the said section mentioned to return one additional Member to serve in the Assembly. U 8. 8. Subject to the same aforesaid conditions and provisions every Electoral District so entitled as aforesaid to return three Members to serve in the said Assembly shall so soon as the number of electors on the Electoral Roll for the time being of such electoral district shall have reached eight thousand be and continue to be entitled as in the said section mentioned to return one additional Member to serve in the Assembly. 9. No Electoral District shall be entitled to return an additional Member under the provisions of section six seven or eight of this Act until the Governor shall by proclamation to be published in the Gazette have declared that such district is entitled by reason of the number of electors thereof on the Electoral Roll for the time being having reached the number hereinbefore in that behalf prescribed to return an additional Member in pursuance of the provisions of this Act And such Proclamation shall be issued so soon as practicable after it shall appear to the Governor that the number of electors on the Roll for the time being for such district has reached the number hereinbefore prescribed and has not during the then next preceding twenty-four calendar months been less than the said prescribed number by at least one-fifth thereof Provided always that the first writ for the election of any such additional member shall be issued by the Governor and not for any election except a General Election And all subsequent writs shall be issued in manner provided by this Act. 10. Every male subject of Her Majesty of the full age of twenty-one years and absolutely free being a natural born or naturalized subject shall be qualified to be elected a Member of the Assembly for any Electoral District unless disqualified by section seventeen or eighteen of the Constitution Act or unless under section twelve of this Act he would be disqualified or incapacitated as an elector. 11. Every male subject of Her Majesty of the full age of twenty-one years and absolutely free being a natural born or naturalized subject shall if entered on the Roll of Electors and not disqualified or incapacitated for some cause hereinafter specified be entitled to vote at any Election for the Electoral District in respect of which he shall be so qualified that is to say— (1.) Every such subject who at the time of making out the Electoral List in any such district shall reside and during the six months then next preceding shall have resided in that district. (2.) Every such subject whether or not so resident as aforesaid who shall have at the time of making out the said Electoral List and for the six months then next preceding shall have had within the district a freehold or leasehold estate in possession or have been in the receipt of the rents and profits thereof for his own use of the clear value of one hundred pounds or of the annual value of ten pounds respectively or who shall then occupy and for the said six months have occu pied within the district any house warehouse counting-house office shop room or building being either separately or jointly with any land within such district occupied by him therewith of the annual value of ten pounds such occupation being either continuously of the same premises or successively of any two or more respectively of the required value or who shall hold and for the said six months shall have held a Crown lease or license for pastoral purposes within such district Provided that no elector possessing more than one qualification within the same Electoral District shall be thereby entitled to an additional vote for that district Provided also when any premises premises are jointly owned or occupied or held on lease by more persons than one each of such joint owners occupiers or leaseholders shall he entitled to vote in respect of such pre mises in case the value of his individual interest therein separately taken would under the provisions of the said section entitle him to vote if solely interested. 12. Every person nevertheless shall he disqualified who at the time either of making out the said List or of the election for his district is of unsound mind or in the receipt of aid from any charitable institution or who has been attainted or convicted of treason felony or other infamous offence in any part of Her Majesty's dominions unless he have received a free or conditional pardon for such offence or have undergone the sentence passed on him And every person shall be incapable of voting who at the time either of making out such List or of such election shall be in the Naval or Military Service on full pay not being in any Militia or Volunteer Corps only And no Inspector General or Metropolitan Superintendent