No. 279.

29 VICTORIA, Supplementary list arranged in alphabetical order of the surnames of all persons who shall by the butts in the possession of such registrar appear to have had issued to them electors' rights as yet uncancelled for the division and not since the issue of such rights included in any general list for such division; and shall state in every such list from the said butts the several particulars regarding each person required in and by the said Schedule.

And have coples printed and trans

38. The electoral registrar shall forthwith after making out any mitted to clerks general or supplementary list for any division cause copies of the of revision courts. same to be printed; and shall before or on the twenty-first day of September in each year sign and transmit two copies of each general list for that year to the clerk of the revision court for that division; and shall before or on the twenty-first day of March sign and transmit to the said clerk two copies of each supplementary list which shall on each of those days be awaiting revision as herein provided.

And advertise lists for inspection.

Persons may object to names on lists.

39. The electoral registrar shall forthwith after the printing of any such list notify, by public advertisement twice in some newspaper generally circulating in the division, the fact that a copy of such list is in his custody and ready to be inspected by any person interested therein; and shall keep such list or a copy thereof to be inspected by any such person, and permit such inspection without fee at all reasonable hours during the daytime until the day before the holding of the revision court; and shall also deliver a printed copy of every such list before the revision thereof to any person requiring the same, on payment for each copy after the rate to be determined as hereinafter mentioned.

40. Any person may in manner next hereinafter mentioned object to the name of any other person being retained in any list for a division of a province or district (that is to say) :-the objector shall before or on the fourth day of October, if the name objected to appear upon a general list, and if the name appears on the supplementary list, then before or on the fourth day of April, sign and deliver or cause to be delivered to the registrar for the division and also to the person objected to notice of such objection according to Tenth Schedule. the form in the Tenth Schedule to this Act, stating the grounds of his objection; and pay to the registrar on delivery of such notice of objection the sum of one shilling.

Notice of objec

through the post.

41. It shall be sufficient in every case of notice to any person tion may be sent objected to in any electoral list, if the notice so required to be given as aforesaid be sent by post, the sum chargeable as postage for the same being first paid, directed to the person to whom the same shall be sent at his place of abode as described in the said list: and when any person shall be desirous of sending any such notice of objection by the post, he shall deliver the same duly directed open and in duplicate to the postmaster of any post office within such hours as shall have been previously given notice of at such post office and under such regulations with respect to the registration of such letters and the fee to be paid for such registration (which fee shall in no case exceed twopence over and above the ordinary rate of postage) as shall from time to time be made by the PostmasterGeneral in that behalf: and in all cases in which such fee shall have been duly paid, the postmaster shall compare the said notice

No. 279.

and duplicate; and on being satisfied that they are alike in their 29 VICTORIA, address and their contents, shall seal or secure and forward one of them to its address by the post, and shall return the other to the party bringing the same duly stamped with the stamp of the said post office; and the production by the party who posted such notice of such stamped duplicate shall be evidence of the notice having been given to the person at the place mentioned in such duplicate on the day which such notice would in the ordinary course of post have been delivered.

lists of such

revision court.

Schedule.

42. The electoral registrar forthwith after such days respectively Registrar to make as last-mentioned shall make out for each division of any province names and send and for each division of any district of which he is registrar a list of copy to clerk of the names of all persons so objected to in respect of such division. arranged in alphabetical order of the surnames according to the form in the Eleventh Schedule, and shall state therein against each name Eleventh the several particulars required in and by such Schedule as appearing by the ordinary list and by the notice of objection; and shall forthwith sign a copy of each such list and transmit the same to the clerk of the revision court for the division; and shall also forthwith publish such list twice in some newspaper published in the district, or if none such be published then in a Melbourne daily newspaper; and shall keep the said list or a copy thereof to be inspected by any person interested therein, and permit such inspection without fee at all reasonable hours until the day before the holding of the revision

court.

to questions but

applicant.

43. The electoral registrar for any division of a province or Registrar to be district shall be bound by the answers of any applicant for the issue bound by answers of an elector's right to the questions to be put under the provisions may "object" to hereof as affirming or negativing the title of such applicant to such issue; but may object to the name of any person when entered upon the list to be made as herein provided, by entering at the time of making out such list in the proper column against such name the words "objected to" with the cause of objection clearly stated and appending his initials thereto; and shall insert the name and the particulars relating to the person so objected to in the list of objections lastly herein before mentioned, and give notice to such person as required in other cases; and no costs shall be awarded by any revision court against any registrar in respect of such objection in any case whatsoever.

(2.) Revision Courts and Preparation of ordinary Electoral Rolls.

court of petty

44. The revision court for each division of a province or district Reviston court to shall be the court of petty sessions (if any) holden within the be held at nearest division; and if there be two or more such courts within the sessions. division, then that one of such courts, and if there be no such court in the division, then that court of petty sessions, which shall be holden nearest to the office of the registrar. Provided that for the purpose of constituting such court one police magistrate shall be counted as two justices.

45. A revision court for each division shall sit at the place Time of holding appointed for holding such court of petty sessions according to law revision court. and at ten of the clock in the forenoon upon the days following (that

No. 279.

Adjournment.

29 VICTORIA, is to say):-for the revision of the general lists, on the eighteenth day of October in each year; and for the revision of the supplementary list, on the eighteenth day of April in each year; and every such court may from time to time be adjourned; and if for one hour after the time appointed for holding any such court or to which any court has been adjourned two justices or a police magistrate shall not be present, then any one justice, and if none be present then the clerk of the court of petty sessions (herein called the clerk of the revision court), may from time to time adjourn the court to a future day. Provided that no such court shall be adjourned beyond eight. days from the day hereby appointed for holding the same.

Revision court to revise lists.

Registrar to

attend and pro

duce all books

46. The revision court for each division shall at the time and place aforesaid revise as hereinafter provided the general or supplementary list (as the case may be) which shall have been last made out by the registrar of the division and transmitted to the clerk of the court; and the registrar, or if he be unavoidably prevented some person on his behalf, shall attend the court and shall produce to the and documents. said court all books and butts of electors' rights and notices of objection and newspapers containing lists of the names of persons objected to, and other books lists papers and documents connected. with his office which shall be in the custody of the registrar or under his control; and the clerk of the court shall produce to the court the several lists which shall have been transmitted to him as herein. provided.

Revision court may summon persons and take evidence.

Questions to be

by ma

court chairinan having a casting vote.

47. The revision court shall have authority to hear receive and examine evidence; and by summons under the hand of any one of the justices composing the court to require all such persons as they may think fit to appear personally before them at a time and place to be named in such summons, and to produce to the court all such books and papers in their possession or under their control as may appear necessary for the purpose of their examination; and any person so required as aforesaid, who shall without just excuse neglect or refuse to comply with the tenor of such summons or having appeared before the said court shall without just excuse refuse to be examined on oath or affirmation concerning the premises or to take such oath or affirmation or having taken such oath or affirmation to answer such questions concerning the premises as shall be put to him, shall and may be dealt with in all respects as by any law now or hereafter to be in force relating to courts of petty sessions or the examination of witnesses before justices persons so refusing or neglecting are to be dealt with in such like case.

48. The said court shall upon hearing in open court determine decite of mon by the decision of a majority of them upon all matters submitted for their decision as hereinafter mentioned; and the chairman of the court, who may be chosen at the commencement of the court from amongst themselves by the voices of the majority of justices present, or if they be equally divided in opinion then by lot, shall besides his own vote have a casting vote.

Revision court to retain on lists all names of electors whose disqualifi

49. The revision court shall retain on the list under revision the names of all persons to whom no objection shall have been duly cation is not satis- made; and shall also retain on the list the name of every person who shall have been objected to by any other person, unless the party

factorily estab

lished.

No. 279.

so objecting shall appear in person in support of such objection 29 VICTORIA, and prove the due delivery of his notice of objection and publication thereof in the list of objections; and when the name of any person inserted in any list shall have been duly objected to and the person objecting shall appear in person in support of such objection and make proof of the matters aforesaid, the court shall require proof of so much of the qualification of the person so objected to as shall be embraced in the grounds of objection so to be stated as aforesaid and no more: and in case such qualification of such person shall not be proved to the satisfaction of the court, the court shall expunge the name of every such person from the list; and shall also expunge therefrom the name of every person of whose death the court shall be satisfied by evidence or otherwise, or who shall when the vote is for the Legislative Assembly have his name in the roll (if any) of ratepaying electors for the division; and the court shall Mistakes in lists correct any mistake and supply any omission which shall be proved or omissions to have been made in the list in respect of the name or place of supplied. abode of any person who shall be included therein, or in the local description of his residence or qualification. Provided always that no person's name shall be expunged from any list, except in the case of death or of his name being upon the list of ratepaying electors, unless notice shall have been given as is hereinbefore required in that behalf.

may be corrected

inserted by revi

50. If from any cause the name of any person to whom an elec- Names omitted tor's right shall have been issued and who shall by reason thereof from list may be have been entitled to have his name inserted in any ordinary list sion court. shall have been omitted therefrom, and if such person shall produce to the revision court by which such list shall be revised the elector's right so issued to him as aforesaid, such court may after inspection of the butt of such right in possession of the registrar and on such evidence being given as may be required insert the name of such person together with the several particulars relating to the same and appearing in such elector's right in such list so under revision.

51. If under the provisions hereinbefore contained the name of Provision when any person shall have been expunged from any list by the revision name expunged. court, the elector's right in respect of which such person shall have been entered in such list or in any roll from which the same may have been made shall be deemed to all intents and purposes to be as to the division to which the same shall relate a defaced elector's right under the provisions hereof; and any substituted right which such person may afterwards obtain for the same shall for the purpose of entry in any future list be deemed to be an original elector's right according to the purport thereof.

to give notice of

sons on list and

52. The revision court may order the clerk of the court to cause Revision court notice of objection in the form in the Twelfth Schedule to be forth- may order clerk with given to any person whose name shall appear upon any list objection to perunder revision by such court and who shall be deemed by such court adjourn the quesnot to be entitled to be retained thereon, or to be left at or sent by such names. post in a letter addressed to such person at the premises at which by Twelfth the list he shall appear to reside; and may adjourn the question relating to such name to some future day not less than three days

tion relating to

Schedule.

No. 279.

29 VICTORIA, from the making of such order to which such court shall be lawfully adjourned for the revision of such list; and such clerk shall not be bound to appear in support of such objection, nor shall costs be awarded against such clerk in respect of any such objection in any case whatsoever; and on proof of the clerk having so given such notice the court may and shall proceed as in other cases of objection.

Costs may be

of frivolous objection.

53. In case it shall appear to the court that any person has awarded in cases made or attempted to sustain any frivolous or vexatious objection to any name being retained on any list, it shall be lawful for them to award such costs not exceeding five pounds as to them shall seem meet to be paid by such person to the person resisting such objection; and the same may in default of payment be recovered before any justice.

Mode of certifying lists.

Certified lists to be delivered to registrar.

rolls.

Fourteenth

Schedules.

54. The chairman of the revision court shall in open court write his initials against the names struck out as aforesaid from any list and against any part of any list in which any mistakes shall have been corrected or omission supplied; and shall sign his name to every page of the list so settled; and shall then cause to be written at the foot or end of each list a certificate that the same has been revised and is correct; and the justices present shall date and severally sign such certificate.

55. The list so signed and certified shall be forthwith delivered to the electoral registrar, and such registrar shall forthwith cause Who will prepare the names thereon to be copied and printed in a roll, to be called the general roll or the supplementary roll (as the case may be), and arranged in alphabetical order of the surnames in the forms conThirteenth and tained in and with the several particulars required by the Thirteenth and Fourteenth Schedules respectively; and shall prefix to every name in such roll a number, beginning such numbers at the first name on the said 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 such roll to be printed; and them to return shall before or on the twelfth day of November in the case of the general roll, and if the roll be the supplementary roll before or on the twelfth day of May sign and transmit the said roll to the returning officer for the province or district; and shall also furnish to him from time to time so many copies thereof as shall be required; and shall furnish copies to any person requiring them on the payment of a price for the same to be determined as hereainfter mentioned.

Have them printed.

And transmit

ing officer.

Copies may be purchased.

Such rolls to be the "ordinary" electoral rolls.

Lists or docu

invalidated.

56. Each printed roll so signed by the registrar and transmitted to the returning officer shall be an ordinary electoral roll for the division of the province or district (as the case may be), and be called according to the tenor thereof the general roll or the supplementary roll for the division, and shall continue in force until the coming into operation of a new general roll hereunder, whether such new general roll shall have been made at the time herein appointed for the purpose or at any time afterwards.

57. No list or other document shall be invalidated by reason ments not to be only that it shall not have been printed kept or published in the place or manner or for the time herein required for such purposes respectively.