Slike strani
PDF
ePub

Municipalities.

such list according to the alphabetical order of surnames contained therein, and shall state in such list against the name of each person the several particulars indicated in the several columns of the said schedule. The said lists so prepared shall be signed or initialled by the mayor, and a copy thereof shall, on the said day, be affixed on some building in each ward.

57.

ANY person on or before the thirtieth day of September in

any year

Persons omitted from or dissatisfied with such lists may

(a.) Whose name has been omitted from such electoral lists claim to have their
may apply by letter, delivered or sent through the post names inserted.
addressed to the town clerk, to have his name inserted Ibid., s. 42, with
therein, and shall give particulars of his claim;

(b.) Whose name has been inserted in such electoral lists as a
voter, who is dissatisfied with such lists as not specifying
the full ratable value of the land of which he is
seised or possessed, may likewise apply to the town
clerk to have the amount of such ratable value altered,
and shall give particulars of such claim;

(c.) Whose name appears on such electoral lists or who claims
to have his name inserted in such lists may object to any
other person as not being entitled to have his name.
retained thereon; or as not being entitled to have the
number of votes set against his name therein;

(d.) Whose name has been omitted from such electoral lists
and who claims to be entitled to have a vote or votes for
any ratable land for which the name of some other
person is entered in such lists, may likewise apply to
the town clerk to have his name substituted for the
name of such other person.

addition.

New.

Provided that any claim or objection under Sub-sections (c) Fourth Schedule. and (d), and the grounds of such claim or objection shall be made in duplicate by the person so claiming or objecting in the forms given in the Fourth Schedule hereto, or to the like effect personally, or through the post to the town clerk, and it shall be the duty of the town clerk to send one of such notices to the person objected to.

jected to.

58. THE mayor shall cause lists to be made showing the Lists to be published names and addresses of the several persons claiming to have their of persons claiming names inserted on such electoral lists, or to have the amount of and of persons obthe ratable value of the lands set against their names on such electoral lists altered, and the particulars of such claims; and Ibid., s. 43. also of the persons whose names, or the ratable value of whose lands have been duly objected to as aforesaid; and shall cause a

copy

Council of every

municipality to hold a Court for revision

of list.

Ibid., s. 44.

Clerks, valuers, and

Court.

Municipalities.

copy of every such list, with appropriate headings to the same, showing the contents thereof, to be affixed on some building in each ward on or before the third day of October in each year.

59. THE council shall hold an open Court to be called a Revision Court within the municipality for the purpose of revising the electoral lists thereof; and such revision shall take place at such time and place as the mayor shall appoint, between the tenth and twentieth days of October (both inclusive) in each year; and the mayor shall give six clear days' notice of the holding of such Court, and of the time and place thereof, by placing such notice on some building within the municipality and by advertisement in some newspaper. The Court shall consist of the mayor of the municipality, or, in his absence, of a chairman appointed by the other members of the Court, and of not fewer than one-third of the councillors, and every such Court may be adjourned, and, if at any time for half-an-hour after the time appointed for holding any such Court or adjourned Court a sufficient number of councillors to form a Court is not present, the mayor, or, in his absence, any councillor or the town clerk shall adjourn the Court.

60. THE town clerk shall himself, or by some person on his collectors to attend behalf, if he be prevented from so doing, attend the Revision Court, and produce to the said Court the voters' list, and also copies of the lists (if any) of the persons who have sent in claims, and of the persons who have been objected to; and the valuer or valuers, and all collectors of rates, shall attend the said Court, and produce to the said Court all books, papers, and documents in their possession connected with their respective offices, and shall answer all such questions as the Court may put to them touching any matters necessary to be ascertained for revising the voters' list.

Revision Court may summon witnesses. Ibid., s. 45.

61. THE Revision Court shall have authority to hear, receive, and examine evidence, and, by summons, under the hand of the mayor, require all persons as the Court may think fit to appear personally before such Court, at a time and place to be named in such summons, and to produce to such Court all books and papers in their possession or under their control as may appear necessary for the purpose of their examination; and the said Court shall have the like powers for compelling the attendance of witnesses summoned and their examination upon and taking of oaths and affirmations and their answering questions touching the premises as by any law in force for the time being is vested in Justices exercising summary jurisdiction; and the mayor may issue any such summons at any time after he has appointed a time for holding the said Court, and the said Court shall, by the decision of the majority, determine upon the validity of all claims and objections,

and

Municipalities.

and any person failing to obey the summons of the said Court shall be liable to a penalty not exceeding Ten pounds, recoverable before any two Justices.

Hearing of claims

lists.

Ibid., s. 46.

62. THE Revision Court shall insert in the voters' list under revision the name of every person who has claimed as aforesaid, and is and objections, and proved to the satisfaction of the Court to be entitled to be inserted correction of voters in the voters' list for one or more votes, according to the provisions of this Act, and shall retain on the said list the names of all persons to whom no objection has been duly made and the number of votes set against the same unaltered, and shall also retain on the said list the name of every person who has been objected to by any person and the number of votes set against the same unaltered, unless the person so objecting appears by himself, or by someone on his behalf, in support of such objection, and proves the service of the requisite notices; and when the name of any person inserted in any list, or the number of votes set against the same has been duly objected to, and the person objecting appears by himself or by someone on his behalf in support of such objection, the Court shall require proof of so much of the qualification of the person so objected to as is embraced in the grounds of objection and no more; and in case the qualification of such person is not proved to the satisfaction of the Court, the said Court shall expunge the name of such person from the said list, or shall alter and correct the number of votes set against the same, as the case may require; and the said Court shall also expunge the name of every person who is proved to be dead, and shall, by means of inspection of the voters' list, rate-book, and valuation and return, correct any mistake, or supply any omission which may appear to such Court to have been made in any of the said lists in respect of the name, place of abode, or trade or occupation of any person who is included therein, or in respect of the local description of the ratable property, or the situation or the ratable value thereof: Provided always, that no person's name shall be inserted by the said Court in any such list, or shall, except in case of death, be expunged therefrom, unless notice has been given as is hereinbefore required in each of the said

cases.

63. IN case it appears to the Court that any person has made Costs in frivolous or or attempted to sustain any frivolous or vexatious claim or objection, vexations claims or it shall be lawful for the Court to award such costs, not exceeding objections. Five pounds, as it may seem meet, to be paid by such person to the Ibid., s. 47. person resisting such claim or objection; and the same may, in default of payment, be recovered before any two Justices.

64. THE mayor shall, in open Court, write his against the name struck out or inserted as aforesaid, and

initials Certificate, etc., of reagainst vision of voters' list. Ibid., s. 48.

any

Clerk to make out roll.

Fifth Schedule.

Municipalities.

any part of the list in which any mistake shall have been corrected or omission supplied; and shall also initial every page of the list so settled, and shall then cause to be written at the foot or end of the list a certificate that the same has been revised and is correct, with the date thereof; and the mayor, and not fewer than two other members of the Court, shall severally sign such certificate.

65. THE list so signed and certified shall be delivered to the town clerk, who shall copy the names of the electors in Ibid., s. 49 (varied). alphabetical order in a roll or book in the form contained in and with the several particulars required by the Fifth Schedule, and shall prefix to every name a number, beginning such numbers at the first name on the roll with the number one, and continuing them on in regular arithmetical series to the last name thereon, and shall cause a sufficient number of copies of the roll to be printed, and shall sign and deliver the said roll to the mayor of the municipality.

Roll signed to be voters' roll.

Ibid., s. 50.

Clerk to furnish copies of lists. Ibid., s. 51.

Signed copy of list to

be evidence.

Ibid., s. 52.

Omission to publish.

proceedings.

66. THE printed roll, so signed as aforesaid, shall be the ward electoral list or roll and municipal list or roll respectively for the municipality, and shall continue in force until new lists or rolls have been made for the municipality, under the provisions of this Act, whether the same have been duly made at the time hereby appointed or afterwards.

67. THE town clerk shall from time to time furnish a copy or copies of such electoral lists to any person requiring them on the payment of a reasonable price for the same, not exceeding the sum of Five shillings for each copy.

68. ANY copy purporting to be a copy of the said electoral lists or rolls for any municipality, and signed by the mayor or town clerk, shall be prima facie evidence of such list and of the contents thereof.

69. NO omission to affix copies of any such lists or rolls as etc., not to invalidate aforesaid, or to keep any list or roll for perusal or inspection, shall be deemed to prevent, invalidate, or render imperfect any of the proceedings with regard to the compilation or completion of any such list or roll.

Ibid., s. 53.

Governor may appoint time for doing anything connected with

electoral lists not being done within time prescribed. Ibid., s. 4'

70. IF from any cause anything connected with the preparation or revision or completion of the electoral lists for a municipality has not been done within the time appointed or limited for that purpose, the Governor may, at the request of the council, by an order to be published in the Government Gazette, direct the same to be done, and may appoint the several times and intervals of time,

or

Municipalities.

or the several remaining times and intervals of time, as the case may require, at or within which the acts herein before required to be done in connection with the preparation or revision or completion of such lists shall or may be done, and upon such order being published in the Government Gazette, such omission or non-compliance shall be rectified, and such lists shall be validated according to the tenor of such order.

Re-arrangement of

87.

71. WHENEVER any municipality in which such roll of electors shall have been revised and made up as aforesaid shall be so roll on division of divided as to constitute two municipalities, or shall be divided into municipalities. wards, or whenever there shall be any re-adjustment of wards in any See Local Governsuch municipality, or whenever two or more such municipalities shall ment Act (Vic.) s. be united. the then existing roll or rolls of electors of such municipality or municipalities shall, by the town clerk or town clerks thereof, be divided into separate rolls of electors for such municipalities or wards, or made up into new rolls for such re-adjusted wards or into a roll or rolls for such united municipality, as the case may require: Provided, that in every such re-arrangement of the roll or rolls of municipal electors there shall be no other change than such changes in numbering or such transpositions of the names of electors from one municipality to another, or from one ward to another, as the circumstances of the case may require; and every roll which shall have been so re-arranged as aforesaid shall, by the mayor of the municipality to which it shall appertain, be examined and compared with the original roll or rolls so revised and made up as aforesaid, and the mayor shall at the foot or end of such re-arranged roll of electors cause a certificate to be written to the effect that he has examined the same and that it is correct, and shall date and sign such certificate; and such roll so re-arranged and certified as aforesaid shall be the roll of electors for the municipality or ward as the case may be, and shall continue in force until a new roll shall have been made for such municipality or ward under the provisions of this Act; and any copy purporting to be a copy of such roll so re-arranged and certified as aforesaid and signed by the mayor shall be evidence of such roll and of the contents thereof.

Where no council appoint person to

Governor may

settle and revise

72. IN the case of any newly proclaimed municipality where there is no council, the acts and things by this Act required to be done in and about the preparation, settling, and revision of the said electoral lists shall be done by such person or persons at such time lists, and fix dates, or times and at such place or places as the Governor may appoint etc. in that behalf; and the Governor may also appoint and fix the date 59 Vict., No. 10, s. 40. on or before which applications and objections, under section fiftyseven of this Act, may be lodged in respect of such lists, and may substitute for the dates respectively mentioned in sub-section (1) of section fifty-two such other dates as he may think fit to embrace

the

« PrejšnjaNaprej »