VICTORIA. ANNO QUADRAGESIMO n VIC TO Hv INJE. No. DXLVIIL An Act to amend "The Electoral Act 1865;' "2nd November 1876.] E it enacted by the Queen's Most Excellent Majesty by and with B the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :— 1. Tliis Act shall be called and may be cited as " The Electoral Title of Act, Act Amendment Act 1876 " and shall be construed with and as part of " The Electoral Act 1865 " hereinafter designated the Principal Act. 2. The several sections and schedules of the Principal Act men- Repeal. tioned in the First Schedule to this Act to the extent to which the First s<*e(iul«' same are in and by the said Schedule expressed to be repealed shall be and the same are hereby repealed ; but all acts matters and things had done or happened under the provisions hereby repealed or any of them shall be of the same force and effect, and all offences against and punishments and penalties incurred under the said provisions or any of them may be dealt with inflicted and enforced upon and against all persons liable thereto in like manner as to each case herein mentioned as if no such repeal had taken place. All acts proceedings matters and things which at the time of the commencement of this Act shall under the provisions hereby repealed or any of them have been begun and be pending shall and may respectively be continued carried on and com­ pleted under and in pursuance of the provisions of this Act in tin* like behalf. 3. The colon v shall be and the same is hereby divided into Electoral districts electoral districts each of which electoral districts shall return the SeconTs™heduie. number of members assigned to it in the Second Schedule to this Act, and the Leo-jslntive Assembly slndl consist of tlic members so returned. 4. The Pifhlis/ird as a Supplement to the ' I'icforia Government Gazette' of Friday, Xrri Xorember I87G. !7 Electoral Act Amendment. [40 VICT. 2 Boundaries divisions 4. The boundaries and divisions and the names of the said and names of elec­ electoral districts shall be those set forth in the Second Schedule hereto, toral districts. No. -279 s. 15. and shall be substituted in lieu of the boundaries and divisions repealed Second Schedule. by this Act, but the Governor in Council may by an order to be pub­ lished in the Government Gazette befoi'e the first day of January One thousand eight hundred and seventy-eight alter vary extend subdivide or abolish any of such divisions. 5- Part II. of the Principal Act so far as the same relates to the Part II. of principal Act amended. Legislative Assembly is hereby amended by substituting November for August, December for September, January for October, February for November, June for March, July for April, and August for May throughout the same. Writs for general ^ 6. Writs for every general election of members to serve in the elections when Legislative Assembly shall be issued within seven days after the dissolu- issued. ^ 29 Vict. No. 279 s. 74. tion thereof. When nomination ^ 7. In any election for the Legislative Assembly the day of nomi- piace!0 mg ° nation shall be not less than four nor more than seven clear days after No. 279 ss. 76,77. the day of the issue of the writ, and the day of polling shall be not less than four nor more than seven clear days after the day of nomination ; and at every general election all elections shall take place on the same day. 8. Every polling at any election for the Legislative Assembly shall* Hours of polling, lb. s. 100. commence on the day appointed for the same at eight of the clock in the forenoon ; and shall unless lawfully adjourned finally close at five of the clock in the afternoon of the same day, and shall be conducted in manner mentioned in the Principal Act and this Act. 9. Every male person of the full age of twenty-one years and not Persons naturalized to be deemed subject to any legal incapacity who shall be a naturalized subject of natural born. Her Majesty and shall have resided in Victoria for twelve months, previous to the first day of January or July in any year shall for the purposes of this and the Principal Act be deemed and taken to be a natural-born subject of Her Majesty and qualified to be an elector for the Legislative Assembly. u Amendment of sec­ 10. The words following;:— Are you a natural-born or a natu- tion 24 subsection ralized subject of Her Majesty Queen Victoria and which?—[And if the S of Act No. 279. answer be " naturalized "J—Have you resided in Victoria for twelve months previously to the first day of January [or if the cose so require July] last" shall be substituted and inserted in lieu of the third sub­ section of the twenty-fourth section of the Principal Act so far as thev relate to the Legislative Assembly. 11. The. Parliament in beina' at any future demise of the Crown Demise of the Crown not to dissolve. shall not be determined or dissolved by such demise, but shall continue 30 & 31 Vict. c. 102 so low as it would have continued but for such demise, unless it shall s. 51. be sooner nronunied or dissolved bv the Governor. 12- Kverv act executed or done under the Principal Act or this Demise of Crown not to affect certain Act bv the Governor or anv other person in the name and on behalf of acts. Her 48 No. 548.] Electoral Act Amendment. 3 Her Majesty after the demise of the Crown, but before the Governor by his proclamation published in the Government Gazette shall have notified such demise, shall have the same effect and be of the same force as if no such demise had happened. 13. In the preparation of every first general list after the passing Preparation of first of this Act every electoral registrar shall include in such general list for &eneral list- each division of any district of which he is electoral' registrar the names of all persons whose names shall then be upon any ordinary electoral roll for the corresponding division repealed by this Act, and where such last mentioned division has been apportioned into two or more divisions for one or more districts created by this Act then the electoral registrar shall include in the general list for each division under this Act for which he is electoral registrar only the names of those persons on such ordinary electoral roll whose qualifications are within the area of each division respectively. Every such first general list shall be subject to the provisions of this and the Principal Act, and every holder of an elector's right whose name shall in accordance with this provision be placed upon such general list for a, new and different division to that mentioned in such elector's right shall for all purposes of this and the Principal Act be deemed to be the holder of an elector's right issued to him for such new division. 14. This Act so far as the same relates to the registration of electors commencement of under the provisions hereof shall come into operation on the passing Act- hereof; in all other respects the said Act shall commence and come into, operation on the day on which the present Legislative Assembly shall be dissolved, from which day the first electoral rolls prepared under the provisions of this Act shall come into force. All electoral rolls in force under the Principal Act so far as they relate to the Legislative Assembly shall continue in force until the said day when the present Legislative Assembly shall be dissolved, and all elections of members of the Legislative Assembly which may take place before the dissolution of the said Legislative Assembly shall be held as if this Act had not passed. S C II E D U L E S. FIRST SCHEDULE. Section a. Date of Act. i Title of Act. Extent of Kepeal. The Act No. 279 "The Electoral Act Section 4 so far as it relates to the Legislative Assembly, and section 15 so far as it relates to boundaries and divi­ 1865" sions of electoral districts, and the Second Schedule so fur as it relates to the boundaries of the electoral districts and divisions of districts of the Legislative Assembly,sub­ section .'} of section 24 so far as it relates to the Legisla­ tive Assembly, the proviso to section 70 so far as it relates to the Legislative Assembly, section 77, section 100 so far as it relates to the Legislative Assembly, and the 17th schedule. A '1 SECOND 4» Electoral Act Amendment. [40 VICT. SECOND SCHEDULE. BOUNDARIES OF THE ELECTORAL DISTRICTS OF THE LEGISLATIVE ASSEMBLY. 1. THE ELECTORAL DISTRICT OP ARARAT. N umber of Member. of the Legislative Commencing at the south-western angle of the agricultural reserve of Crow- £8"™d to88!?"re- lands ; and bounded on the east by a line south eighteen miles ; on the Electoral Districr. south by a line west sixteen miles ; on the west by a line north till the same intersects the north boundary of the county of Ripon ; thence again on the south by that boundary to the Grampian Range ; on the west by the Grampian Range to Plall's Gap ; thence on the north by a line direct towards the Trigonometrical Station on the Black Range till the same intersects the west boundary of the parish of Bellellen ; thence by the western southern and eastern boundaries of the said parish till the last- named boundary is intersected by the direct line aforesaid ; thence by that direct line to the Trigonometrical Station on the Black Range; thence by the said Black Range south-easterly till intersected by the original electoral boundary of the district of Ararat; and thence by that boundary north and east to the commencing point ..