22 VICTORIA, No. 64. Registrars to make out new rolls of electors for Ararat and the East Bourke Boroughs. Schedule. New rolls after revision to be come the general rolls of the dis tricts &c. Registrars to amend rolls. 4. Immediately after the commencement of this Act the registrars of the electoral districts of Ararat the Ovens South Gipps Land and the East Bourke Boroughs shall make out from the general and special electoral rolls a list of all persons whose qualifications are set forth in the said rolls as being within the area comprised within the boundaries of the said districts as respectively defined in the Schedule to this Act annexed, and shall submit the said lists and rolls to the justices of the peace assembled at the court of petty sessions in or nearest to the said districts who shall compare the said lists and rolls and certify the said lists; which said lists, when certified by the said justices in accordance with the provisions of an Act passed in the twenty-first year of the reign of Her Majesty intituled An Act to extend the Right of Voting and to provide for the Registration of Parliamentary Electors," shall until the next general rolls be made out be the general rolls of voters for the said districts respectively; and the said rolls shall when so certified be as valid to all intents and purposes and all proceeding shall be had in respect of the same as if the same had been made in accordance with the provisions of the said last-mentioned Act. 66 5. After the said justices shall have compared the said lists with the said rolls and shall have certified the said lists in the manner hereinbefore provided, they shall transmit the same to the registrars of the district or districts to which the said rolls respectively relate or belong; and the said registrars shall amend the said rolls by striking out therefrom all the names which shall have been inserted in the said lists of persons entitled to vote for the electoral districts of Ararat the Ovens South Gipps Land and the East Justices to com- Bourke boroughs; and the said registrar shall then submit the pare and certify said lists and rolls when so amended to the justices of the peace assembled in petty sessions by whom the said rolls shall have been previously revised and certified, who shall compare the said lists and amended rolls and shall certify the said rolls to have been amended; and the said rolls so amended and certified shall until the next general rolls be made out be the general and special rolls for the districts to which they respectively relate or belong. the same. 6. [Repealed by 22 Vict. No. 81 s. 33.] SCHEDULE. LEGISLATIVE ASSEMBLY. BOUNDARIES OF THE ELECTORAL DISTRICTS. [These boundaries, and the number of members for each district, are set forth in the Second Schedule to 29 Vict. No. 279, “Parliament (Electoral)," post.] WH Assembly. [Reserved, 17th December 1858. Royal Assent, 23rd April 1859.] HEREAS by "The Constitution Act" it is enacted that every Section 19. Legislative Assembly thereafter to be summoned and chosen should continue for five years from the day of the return of the writs for choosing the same and no longer subject nevertheless to be sooner dissolved by the Governor: And whereas it is expedient that the said period should be shortened: 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 Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) : 1. So much of the said Act as is hereinbefore recited shall be Repeal of existing and the same is hereby repealed. law. 2. The present and every future Legislative Assembly shall Duration of exist and continue for three years from the day of the first meeting Assembly. thereof and no longer; subject nevertheless to be sooner dissolved by the Governor. No. 91. 23 VICTORIA, An Act to limit the number of persons holding offices under the Crown who may sit and vote in the Legislative Council and Assembly of Victoria. Preamble. Government officers not to sit except as men- [Reserved, 24th February 1859. Royal Assent, announced by Proclamation, WHEREAS it is expedient to limit the number of persons hold ing office under the Crown who may sit and vote in the Legislative Council and Legislative Assembly of Victoria, and to amend the provisions of " The Constitution Act" in respect of certain persons holding seats in the said Council and 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 Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) : hold 1. No person except the persons hereinafter named, who shall any office) or place of profit under the Crown, or who shall be in any manner employed in the public service of Victoria for salary 6 Anne c. 7 s. 25. Wages fees or emolument, shall sit or vote in the said Council or Assembly; and the election of any such person to be a member of the said Council or Assembly shall be null and void. Salaried officers Ifie 2 7780 See 25 Vict No. 131 8. 1. Consti tution (Remoral of Doubts)," ante, p. 376. Until appoint ment of others are capable of sitting and voting 2. Notwithstanding the provisions herein before contained, it shall be lawful for the Governor from time to time to appoint any number of officers so that the entire number shall not at any one time exceed nine who shall be capable of being elected members of either of the said Houses of Parliament and of sitting and voting therein. Provided always that such officers shall be responsible ministers of the Crown and members of the Executive Council; and four at least of such officers shall be members of the said Council or Assembly. 3. Until such appointments as aforesaid shall have been made what ministers by the Governor, the persons for the time being holding the offices of Chief Secretary Attorney-General Treasurer President of the Board of Land and Works or Commissioner of Crown Lands and Survey Vice-President of the Board of Land and Works or Commissioner of Public Works Commissioner of Trade and Customs Solicitor-General and Postmaster-General shall be capable of sitting and voting in the Legislative Council or Legislative Assembly of Victoria. Provided that of the said persons four at least shall be members of the said Council or Assembly. Contractors not to be elected. 22 Geo. III. c. 45 4. No person who shall either directly or indirectly be concerned or interested in any bargain or contract entered into by or on behalf of Her Majesty, or who shall participate or claim or be entitled to participate either directly or indirectly in the profit thereof or in any benefit or emolument arising from the same, shall sit or vote in the said Council or Assembly; and the election of any such person to be a member of either of the said Houses shall be absolutely null and void. (a) As to the office of Agent-General, see General)," ante, p. 1009. 36 Vict. No. 441 s. 4, "Immigration (Agent tain cases. 8. 2. 5. If any member of the said Council or Assembly shall either 23 VICTORIA, directly or indirectly become concerned or interested in any bargain No. 91. or contract entered into by or on behalf of Her Majesty, or shall seats to be participate or claim or be entitled to participate either directly or vacated in cerindirectly in the profit thereof or in any benefit or emolument arising 22 Geo. III. c. 45 from the same, or shall become bankrupt or apply to take the benefit, 2 See 25 Vict. No. of any Act now or hereafter to be in force for the relief of insolvent 128, “Parlament debtors, or shall compound with his creditors, or accept any officement post, or place of profit under the Crown, or shall in any character or capa- p. 1878. city for or in expectation of any fee gain or reward perform any duty or transact any business whatsoever for or on behalf of the Crown, his seat shall thereupon become vacant.(") (Officials Amend P. 1516 tors excepted. 2204 6. Nothing hereinbefore contained shall extend or apply to any Certain contracbargain or contract entered into by any company partnership or association consisting of more than twenty persons where such bargain or contract shall be entered into for the general benefit of such company partnership or association, or to any lease license for occupation sale or purchase of any land, or to any agreement for any such lease sale or purchase or for the occupation of such land or for any easement therein or for the loan of money, or to any security for the payment of money only. 7. If any person shall accept any two of the offices hereinbefore No person to named or referred to, it shall not be competent to such person to two offices. receive the salaries of both such offices. draw salaries for turned to both which seat he 8. Any person who shall be returned to serve as a member of Any person reboth the said Houses shall, within ten days after the meeting of Houses of ParParliament or if Parliament be then in session within fourteen days liament to elect after the return of the writ which shall be last returned, give notice in writing to the president and speaker respectively that he elects to retain his seat in the said Council or Assembly as the case may be; and in default of his so doing the seat of such person in both the said Houses shall be deemed to be and shall become vacant. will retain. for two provinces 9. Any person who shall be returned to serve as a member of Persons returned the said Council or Assembly (as the case may be) for two or more or districts to electoral districts or provinces shall, within ten days after the return declare for which of the writ which shall be last returned, give to the president or speaker notice in writing for which of the electoral districts or provinces he intends to retain his seat. he will sit. Act. 10. Any person who shall wilfully offend against the provisions Penalties for of this or the twenty-fourth section of the said recited Act shall offences against forfeit and pay for every such offence the sum of two hundred pounds, to be recovered with full costs of suit by any person who shall sue for the same in any court of the said colony having competent jurisdiction. from operation of 11. Nothing in the first section of this Act shall be construed Persons excepted to apply to the president or chairman of committees of the Legis- first section of lative Council, or the speaker or chairman of committees of the this Act. Legislative Assembly. 12. If any person shall while he is a member of the said Council or Assembly or within six months after ceasing to be such member accept any office or place of profit under the Crown, he shall forfeit the sum of fifty pounds for every week that he shall hold such office or place with full costs of suit to any person who shall sue for the same. Provided always that nothing contained in this section shall extend or apply to any person accepting any of the offices or places expressly hereinbefore mentioned, or the office of judge of the Supreme Court. 13. This Act shall commence and be deemed and taken to have commenced and come into operation from the end of the session of Parliament begun and holden on the seventh day of October in the year of our Lord One thousand eight hundred and fifty-eight. 14. The seventeenth eighteenth and twenty-fifth sections of "The Constitution Act" shall be and the same are hereby repealed. Preamble. An Act to alter the Boundaries of the Electoral WH [18th September 1860.] HEREAS by a Proclamation of the Governor of Victoria bearing date the first day of July in the year of our Lord One thousand eight hundred and fifty-six and published in the Victoria Government Gazette of the eighth day of July One thousand eight hundred and fifty-six the boundaries of the municipal district of Belfast were declared to be and defined as follows (that is to say)— "Commencing at a point on the sea coast being the south-east angle of section seven parish of Belfast thence by a line bearing north seven degrees fifty-two minutes west being the eastern boundary of sections seven eight nine and ten to the southern boundary of section twenty-four in the parish aforesaid thence by a line easterly being the southern boundary of sections twenty-four twenty-five twenty-six and twenty-seven to the River Moyne thence by the western side of the River Moyne to the Belfast Lough thence by a line south-easterly crossing the said lough to the northern angle of suburban portion thirty-eight A in the said parish of Belfast thence by the northeastern boundary of the said portion to the sea coast and thence by the sea coast to the commencing point aforesaid including the islands |