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No. XLVII. an Act to Provide for the Division of the Colony of Victoria Into Electoral Districts and for the Election of Members to Serve in the Legislative Council

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No. XLVII. an Act to Provide for the Division of the Colony of Victoria Into Electoral Districts and for the Election of Members to Serve in the Legislative Council No. XLVII. An Act to provide for the division of the Colony of Victoria into Electoral Districts and for the Election of Members to serve in the Legislative Council. [2nd May, 1851.] HEREAS by an Act of the Imperial Parliament of Great W Britain and Ireland passed in the fifth and sixth years of the reign of Her Majesty Queen Victoria intituled " An Act for the Government of New South Wales and Van Diemen's Land" it was amongst other things enacted that there should be within the Colony of New South Wales a Legislative Council to be constituted in the manner and for the purposes therein mentioned And whereas by a certain other Act of the said Parliament passed in the thirteenth and fourteenth years of Her said Majesty's reign intituled " An Act for the better Government of Her Majesty's Australian Colonies" after providing for the separation from the Colony of New South Wales of the Territories comprised within the District of Port Phillip and its erection into a separate Colony to be known and designated as the Colony of Victoria it is amongst other things enacted that there shall be within and for the said Colony of Victoria a separate Legislative Council Council to consist of such number of Members as shall be determined by the Governor and Legislative Council of New South Wales in such manner as is therein directed and it is thereby further enacted that after the Proclamation of the said Act in the Colony of New South Wales it shall be lawful for the Governor and Legislative Council of New South Wales by an Act to be for that purpose made and enacted in the manner and subject to the conditions now by law required in respect of Acts made and enacted by the said Governor and Council to determine the number of Members of which the Legislative Council of the Colony of Victoria shall consist and also to make the necessary provisions for dividing the Territories comprised within the said Colony into conve­ nient Electoral Districts and for appointing and declaring the number of Members of the Council of the Colony of Victoria to be elected for each such District and for the compilation and revision of lists of all persons qualified to vote at the Elections to be holden within the several Districts of the said Colony and for the appointing of Returning Officers and for the issuing executing and returning of 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 Elec­ tions And whereas it is expedient to fix the number of Members to serve in the said Legislative Council and otherwise to provide for the division of the said Colony into Electoral Districts and for the several other matters by the said Act required Re it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof That the Legislative Council of the said Colony of Victoria shall consist of Thirty Members Ten of whom shall be appointed by Her Majesty according to the provisions in the first above recited Act in that behalf contained and Twenty of whom shall from time to time be elected by the inhabitants of the said Colony in the manner hereinafter mentioned. 2. And be it enacted That the said Colony of Victoria shall be divided into Electoral Districts for the purpose of returning Members to serve in the said Legislative Council in manner following that is to say—(1) The Northern division of the County or reputed County of BOURKE (2) the Southern division of the County or reputed County of BOURKE and the Counties or reputed Counties of EVELYN and MOE- NINGTON (3) the County or reputed County of GRANT (4) the united Counties or reputed Counties of NORMANBY DUNDAS and EOELET (5) the united Counties or reputed Counties of VILLIERS and HEYTESBUEY (6) the united Counties or reputed Counties of RIPON HAMPDEN GRENVILLE and POLWARTH (7) the united Counties or reputed Counties of TALBOT DALHOUSIE and ANGLESEY (8) the Pastoral District of GIPPS LAND (9) the Pastoral District of MURRAY with the exception of such part thereof as is comprised within the County or reputed County of ANGLESEY (10) the Pastoral District of the LODDON (heretofore known as WESTERN PORT) with the exception of such parts thereof as are comprised within the Counties or reputed Counties of DAL- HOUSIE BOURKE ANGLESEY EVELYN MORNINGTON and TALBOT (11) the Pastoral District of the WIMMERA (12) the City of MELBOURNE (13) the Town of GEELONG (14) the Town of PORTLAND (15) the united Towns of BELFAST and WARRNAMBOOL and (16) the united Towns of KILMORE KYNETON and SEYMOUR. 3. And be it enacted That the City of Melhourne shall return three Members to serve in the said Legislative Council the Town of Geelong and the northern division of the County or reputed County of Rourke shall each return two Members and that every other Electoral District shall return one Member to serve in the said Council. 4. 4. And be it enacted That the Boundaries of the several Electoral Districts hereinbefore mentioned shall for the purposes of this Act be deemed and taken to be the Boundaries set forth in the Schedule hereunto annexed marked A. 5. Provided always and be it enacted Thai no part of the City of Melbourne or of the Towns Boroughs or Hamlets which either alone or together form a separate Electoral District shall for the purposes of this Act be deemed to be included in the County or Coun­ ties within the limits of which they are situated nor shall any person be entitled to vote for the Election of a Member to represent any such County or Counties in respect of any qualification situate within such separate Electoral District as aforesaid. 6. And be it enacted That the Mayors of the City of Melbourne and the Town of Geelong shall be the Returning Officers of the Electoral Districts of Melbourne and Geelong unless either of them shall signify to the Governor his desire to be excused from acting as such Return­ ing Officer on the ground either of intending to become a Candidate at such Election or of ill health or inability to act and in the event of his so signifying to the Governor his desire to be excused or his inability to act or in the event of the office of Mayor being vacant it shall and may be lawful for the said Governor by any writing under his Hand and the Heal of the Colony to appoint some other fit and proper person to be Returning Officer for the said Electoral Districts of Melbourne or Geelong as the case may be. 7. And be it enacted That it shall be lawful for the Governor from time to time by any writing under his Hand and the Seal of the said Colony to appoint a fit and proper person to be the Returning Officer of each and every other Electoral District in the said Colony of Victoria provided that the person so appointed be at the time of such appointment qualified to be an Elector of the Electoral District for which he shall act and that his appointment be notified in the usual manner in the Government Gazette of the Colony and that in case of sickness or other accident disabling any Returning Officer from acting at any Election it shall be lawful for the said Governor to appoint a person to act in the stead of such Returning Officer and every appoint­ ment of a Returning Officer made as aforesaid shall be good and valid until death or until such appointment shall be cancelled and some other person appointed to be Returning Officer by a writing under the Hand of the Governor and Seal of the Colony. 8. And be it enacted That any and every person who may under the provisions of this Act be appointed a Returning Officer or Deputy Returning Officer or appointed to perform any other duty under this Act shall before he enter on the performance of such duty make and subscribe the following declaration before any Justice of the Peace— " I A. B. do hereby declare that I accept the office of " for the Electoral District of and I do hereby " promise and declare that I will faithfully perform the " duties of the same to the best of my understanding and " ability " and the Justice before whom such declaration shall be made is hereby required to transmit the same by the first convenient opportunity to the Colonial Secretary of the Colony. 9. And be it enacted That the places for taking the poll at Elections in respect of the several Electoral Districts hereinbefore mentioned shall be those set forth in connection with such Electoral Districts in the Schedule to this Act annexed marked B Provided always that such other places shall be polling places for the said Electoral Districts as shall be appointed for that purpose by the Governor Governor by any Proclamation to be issued by him in that behalf and published in the Government Gazette of the Colony. 10. And whereas by the said last recited Act it is amongst other things enacted That every man of the age of twenty-one years being a natural born or naturalized subject of Her Majesty or legally made a denizen of New South "Wales and having a freehold estate in possession situate within the district for which his vote is to be given of the clear value of one hundred pounds sterling money above all charges and incumbrances in any way affecting the same of or to which he has been seised or entitled either at Law or in Equity for at least six calendar months next before the date of the Writ of such Election or in case a registration of Electors shall be established next before the last registration of Electors or being a householder within such district
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