Slike strani

Expenses of com-
piling lists, etc.

Local Government
Act (Vic.), s. 95.

First election of councillors.

See 59 Vict., No. 10, 8. 57.


the same periods of time as therein respectively specified, and in the preparation of the said lists sub-section (2) of section fifty-two shall not apply. The person or persons to be appointed under this section for the purposes aforesaid shall perform and do all such matters and things as are by this part of this Act required to be performed and done, or which may be done, by the mayor or the council, and such person or persons shall have and exercise all the powers of valuers under this Act, and all the powers and functions of a Revision Court and of the chairman of such Court; and such lists or rolls shall be the ward electoral list or roll and the municipal electoral list or roll respectively, for the first elections respectively to be held in such municipality, and shall continue in force, and shall not be added to or otherwise altered until new lists. have respectively been made for such municipality under the provisions of this Act.

73. THE council shall take an account of the reasonable expenses incurred by the town clerk, or by any person appointed by the council to discharge the like functions, in carrying into effect for such municipality the provisions of this part of this Act, and shall order the same to be paid out of the municipal fund; and the amount received by such town clerk or person for copies of any lists or rolls herein before mentioned shall be paid to the municipal fund.

Division 4.-Election of Council.


74. A FIRST election of mayor, councillors, and auditors in any newly constituted municipality shall be held on such day, not less than forty days after the constitution thereof, as the Governor may appoint, and all subsequent elections as hereinafter appointed. 75. IN every municipality an annual annual election of mayor, auditors, and councillors shall be held on the third Wednesday in November in each year, at such place or places within the municiSee 59 Vict., No. 10, pality as the returning officer at such election shall appoint.

Annual election. "Conference


s. 57.

at annual election.

76. AT the annual election, except in those cases for which Return of councillors other express provision is made, one-third of the whole number of councillors for the time being assigned to the municipality and the mayor and auditors shall be returned, and, in case of a municipality divided into wards, the councillors shall be returned in equal numbers for every ward.

Election to fill extraordinary vacancy.

59 Vict., No. 10, s. 95.

77. ON the occurrence of any extraordinary vacancy in the council of any municipality, a mayor, councillor, or auditor shall be returned to fill such vacancy on the day appointed hereunder for holding an election to fill the same.



s. 101.

78. AN election to fill every extraordinary vacancy shall be held on such a day, being not less than twenty and not more than When held. twenty-five clear days after the occurrence of such vacancy, as the 59 Vict., No. 10, mayor, or in case there is no mayor, or the mayor is absent, incapable of acting, or refuses to act, the council may appoint, and, in default of such appointment, on the twenty-first day after the occurrence of such vacancy.

79. IN case any extraordinary vacancy occurs in the office of councillor in any council within two months before any annual election, and the previous occupant of the seat so become vacant would have gone out of office at such election, or was one of the several persons who might have gone out of office by rotation at such election, such extraordinary vacancy shall not be filled up, and the previous occupant of such seat shall be reckoned one of the councillors going out of office at such election.

See Ibid., s. 94.

Where extraordinary

vacancy not filled.

Mayor to be Justice

80. THE mayor for the time being of every municipality shall be ex officio a Justice of the Peace for the magisterial district of the of the Peace. municipality from the time when he shall have duly taken the necessary oaths before a Judge of the Supreme Court, Resident Magistrate, or Warden.

81. IN case of a municipality which is not divided into

palities, divided and

wards, the proceedings upon every election shall be taken and had Elections in municifor the whole municipality, and in case of a municipality divided not divided. into wards, the like proceedings shall be taken and had for every ward thereof.

additional council

82. WHERE under the provisions of this Act a municipality is entitled to elect an additional number of councillors, an election Time of election of shall thereupon be had, and the like proceedings shall be taken as lors. nearly as may be as at an annual general election of councillors.


83. AT every municipal election for which no roll is in force, every British subject qualified under this Act to have his name on the Municipal Roll, and liable for the time being to be rated under the provisions hereof, shall be entitled to vote; and every such person shall be entitled to one vote.

Ibid., s. 58.

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Voters, where there

84. AT every municipal election for which a roll is in force, every person whose name is inscribed on such roll shall be entitled is a roll. to vote, and to the number of votes for which he is enrolled.

Ibid., s. 105.


Returning officer.
Ibid., s. 106.

Appointment of
returning officer in
new municipality.
See 59 Vict., No. 10.

Appointment of returning officer. See ibid., s. 59.

Returning officer not to be a candidate. See ibid., s. 59.



See ibid., s. 60.

Sixth Schedule.

Moneys to be deposited with returning officer.

What persons alone deemed candidates.



85. EVERY municipal election shall be held before some person, hereinafter called the returning officer.

86. AT every first municipal election in a newly-proclaimed municipality the returning officer shall be nominated by the Governor, and at every subsequent election, as hereinafter provided.

87. AT every election, save as aforesaid, the returning officer shall be the mayor or any councillor of the municipality appointed by the council for that purpose. Such appointment shall be notified by affixing a written notice to that effect to the outer door of the municipal chamber or other accustomed place of meeting for the council at least eight days before the day fixed for such election, and keeping the same there affixed until the day of such election; but no omission to so publish the said notice shall be deemed to invalidate any such appointment. Whenever any returning officer has been appointed, the mayor or town clerk shall deliver to such officer all notices and deposits, as hereinafter provided, which he has received from candidates for election, and also the electoral lists for the municipality and the various wards thereof.

88. NO person who acts as returning officer at any election shall be or become a candidate for office at such election.



89. SEVEN clear days before any election under this Act any person who is qualified and desirous of being a candidate for the office of mayor, councillor, or auditor shall, at or before four o'clock in the afternoon, cause to be delivered to the returning officer town clerk at the council chambers a nomination paper in the form of the Sixth Schedule or to the like effect, stating therein the surname and other names of such candidate, together with the other particulars required in and by the said schedule, and such nomination paper shall be signed by not less than two qualified ratepayers, and also by the person named therein as a candidate, in token of his assent thereto, and to act if elected.

90. AT the time of the delivery to the returning officer or town clerk of any such nomination paper the candidate named therein, or some person for him or on his behalf, shall pay into the hands of the returning officer or town clerk the sum of Five pounds, to be dealt with as hereinafter provided; and no person who has not been so nominated, or by whom or on whose behalf such payment has not been made, shall, within the subsequent provisions of this Part of this Act, be or be deemed to be a candidate at any such election.



Proceedings at

91. ON the day of the nomination the returning officer shall attend at four o'clock in the afternoon at the place fixed for such nomination. nomination, and shall read the names of the candidates so nominated, See ibid., s.61. together with the names of their nominators; and, in the event of there being no greater number of candidates than is required to be elected, the returning officer shall declare the said persons to be duly elected; but, in the event of there being more candidates than the number required to be elected, the returning officer shall advertise in some newspaper the names of the candidates, the day of poll and the polling place or places: Provided that it shall be in the power of any candidate so nominated, by notice in writing signed by him addressed to the returning officer, and delivered to such returning officer or town clerk at any time before the expiration of forty-eight hours after the day of nomination to withdraw from such candidature.

92. THE returning officer may appoint one or more deputy returning officers and such poll-clerks as are required for taking the poll, and may make and enforce all necessary regulations, and fix the polling place or polling places, and provide proper and convenient rooms or booths for polling.

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Voting to be by

93. (1.) EXCEPT as hereinafter provided, the voting at any such election shall be by ballot, and within the place or places ballot. appointed for holding such election there shall be provided and set Ibid., s. 65. apart a separate ballot room or compartment into which no person may enter except electors who may remain while preparing their ballot papers as hereinafter provided, but no longer; and the returning officer shall cause pencils, or pens, ink, and blotting paper to be placed in the said room or compartment.

(2.) Every person, otherwise than as aforesaid, entering or remaining in the said ballot room or compartment shall be guilty of an offence against this Act and be liable to a penalty of not less than Fifty pounds nor more than One hundred pounds.

94. (1.) BEFORE, and in time for every such election, the returning officer shall cause to be printed a sufficient number of ballot papers according to the respective forms prescribed in the Seventh Schedule, and each such ballot paper shall have a number printed on the back, and shall have attached a counterfoil with the same number printed on the face, and shall be initialled by such returning officer at the back thereof:

Provided always, that the initials of such returning officer may be lithographed or stamped by or under his authority.

(2.) And at the same time the returning officer shall also cause a sufficient number of papers, called " voting papers," for the

Ballot papers.

Ibid., s. 66.


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purpose of voting in absence, as hereinafter mentioned, to be printed, and such voting papers shall be in accordance with the forms prescribed in the Eighth Schedule.

95. THE returning officer shall preside at the polling place for taking the poll.

96. EACH candidate shall be entitled to appoint in writing one scrutineer to be present in each polling place during the election.

97. EVERY returning officer shall before acting make and subscribe before a Justice of the Peace, or in the case of a poll clerk or scrutineer, before the returning officer of the election then pending, a declaration in the form prescribed in the Ninth Schedule.

98. EVERY returning officer shall have power to maintain and enforce order and keep the peace at any election or polling held by him, and, without any other warrant than this Act, to cause to be arrested and taken before a Justice any person reasonably suspected of knowingly making a false answer to any of the questions hereinafter mentioned, or of personating or attempting to personate any voter, or of attempting to vote more than once at the same election, or leaving or attempting to leave the polling place after having received a ballot paper, and before having deposited the same in the box as hereinafter provided, or causing a disturbance at any election, and to cause any person to be removed who obstructs the approaches to any polling place, or conducts himself in a disorderly manner, or misconducts himself, or fails to obey the orders of the returning officer; and any person so removed shall not again be allowed to enter the polling place during the time such election is being held without the permission of the returning officer; and all constables shall aid and assist such returning officer in the performance of his duty.

99. THE returning officer shall provide a separate ballot box for the election of mayor, for the election of auditor or auditors, and for each ward for the election of a councillor or councillors, and on the top of each such ballot box there shall be an opening sufficient to receive the ballot papers and voting papers, folded as hereinafter mentioned; and such boxes, being previously locked by the returning officer with a key or keys (which shall be kept by himself and of which no other person shall have a counterpart or counterparts) shall be placed on a table before the returning officer.

100. THE poll at any election shall be taken by the returning officer and shall commence at eleven o'clock in the forenoon and close

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