An Act to alter the Qualifications of Members and [29th September 1868.] WHEREAS it is expedient to reduce the property qualification Preamble. required to be possessed by Members of the Legislative Council, and to alter the qualification of the persons entitled to vote in the election of Members of the said Council: 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. This Act shall come into operation on the first day of Commencement January in the year of our Lord One thousand eight hundred and and title of Act. sixty-nine. It shall be called and may be cited as "The Legislative Council Amendment Act 1868," and is divided into parts as follows: PART I.-Qualification of Members, ss. 4-10. PART III.-Rolls of Ratepaying Electors, ss. 26-30. 2. The several parts of Acts mentioned in the First Schedule Repeal of Acts. to this Act to the extent to which such parts of Acts are in and by First Schedule. the said Schedule expressed to be repealed, shall be and the same are hereby repealed; but all acts matters and things had done or happened under the enactments hereby repealed or any of them shall be of the same force and effect, and all offences against and punishments and penalties incurred under the said enactments or any of them, may be dealt with inflicted and enforced upon and against all persons liable thereto, in like manner as to each case herein-mentioned as if no such repeal had taken place. All acts proceedings matters and things which at the time of the commencement of this Act have under the enactments hereby repealed or any of them been begun and are pending shall respectively be continued carried on and completed under and in pursuance of the provisions of this Act in the like behalf. 3. In this Act and in the Schedules thereto the following terms Interpretation shall, if not inconsistent with the subject matter or context, have the clause. respective meanings hereby assigned to them, that is to say: The words "municipal district" shall include the city of 32 VICTORIA, No. 334. Qualification of meinbers. 1 & 2 Vict. c. 48 8. 2. Judge or minister of religion not to be a member. Traitor or felon not to be a member. Declaration by members. The word "clerk" shall include the town clerk of the city of PART I.-QUALIFICATION OF MEMBERS. 4. No person shall be capable of being hereafter elected a member of the Legislative Council unless he be of the full age of thirty years, and a natural born subject of the Queen, nor unless he have for one year previous to such election been legally or equitably seised of or entitled to an estate of freehold in possession for his own use and benefit, in lands or tenements in Victoria of the value of Two thousand five hundred pounds or of the annual value of Two hundred and fifty pounds above all charges and incumbrances affecting the same respectively: Provided that for the purposes of this section the yearly value of any such lands or tenements as are situate in any one or more municipal district or districts shall be taken to be the yearly value at which they are rated to such municipal district or districts, and the capital value shall be taken to be ten times such yearly value. 5. No judge of any court of the said colony appointed during good behaviour nor any minister of any religious denomination, whatever may be his title rank or designation, shall be capable of being elected a member of the Legislative Council. 6. No person who has been attainted of any treason or convicted of any felony or infamous offence within any part of Her Majesty's dominions shall be capable of being elected a member of the Legislative Council. 7. Every member of the Legislative Council shall before taking his seat in the said Council in each and every session of Parliament make and subscribe a declaration in writing in the form set forth in Second Schedule. the Second Schedule to this Act, and shall deliver the same to the clerk of the said Council; and the said clerk shall file and keep every such declaration with the other records of his office. Penalty for sitting before making declaration. False declaration. Election of mem ber incapable to 8. If any Member of the Legislative Council sit or vote in the said Council in any session of Parliament before he has in the same session made such declaration as aforesaid he shall be liable for every day on which he shall so offend to pay the sum of two hundred pounds to be recovered by any person who shall sue for the same in any court of competent jurisdiction. 9. If any Member of the Legislative Council knowingly and wilfully make any false declaration respecting his qualification as aforesaid he shall be deemed guilty of a misdemeanor, and if he be thereof lawfully convicted he shall suffer the like pains and penalties as by law are incurred by persons guilty of wilful and corrupt perjury. 10. If any person by this Act disabled or declared to be insit to be declared capable to sit or vote in the Legislative Council be elected and returned as a member to serve in the said Council, such election and return may be declared by the said Council to be void, and thereupon void. the same shall become void to all intents and purposes; and if any 32 VICTORIA, person so elected and returned contrary to the provisions of this Act No. 334. sit or vote as a member of the said Council he shall be liable to pay Penalty for such the sum of two hundred pounds, to be recovered by any person who person sitting. shall sue for the same in any court of competent jurisdiction. PART II.-QUALIFICATION OF ELECTORS. natural born. 11. Every male person of the full age of twenty-one years, if Persons naturalhe be a naturalized or denizen subject of Her Majesty, and if he ized to be deemed have resided in Victoria for twelve months previous to the first day of January or July in any year, and if he have been naturalized or made denizen at least three years next preceding that day, and if he be not subject to any legal incapacity, shall for the purposes of this part of this Act be deemed and taken to be a natural-born subject of Her Majesty. for the Council. 12. Every male person of the full age of twenty-one years, if Freeholders to he be not subject to any legal incapacity, and if he be a natural- vote in elections born subject of Her Majesty, and seised at law or in equity for his own life or for the life of another, or for any larger estate of lands or tenements in any one and the same province and rated to some municipal district or in the aggregate to some municipal districts at not less than Fifty pounds a year, or subject as hereinafter mentioned of lands or tenements in any one and the same province but not situate in or only partly situate in any municipal district or districts of the clear value of One thousand pounds or of the clear yearly value of One hundred pounds, shall subject to the provisions of this Act and of "The Electoral Act 1865" be qualified to vote in the election of members of the Legislative Council for the province in which such lands or tenements are situate. at such elections. 13. Every such male person as aforesaid, if he be entitled as Lessees may vote lessee or assignee for the unexpired residue of any term originally created for a period of not less than five years to any lands or tenements in any one and the same province rated to some municipal district or in the aggregate to some municipal districts at not less than Fifty pounds a year, or subject as hereinafter mentioned to any lands or tenements in one and the same province but not situate in or only partly situate in any municipal district or districts of the clear yearly value of One hundred pounds over and above all rents and charges payable out of or in respect of the same, shall subject to the provisions of this Act and of "The Electoral Act 1865" be qualified to vote in the election of members of the Legislative Council for the province in which such lands or tenements are situate. vote at such elections. 14. Every such male person as aforesaid if he occupy as tenant Occupiers may any lands or tenements in any one and the same province rated to some municipal district or in the aggregate to some municipal districts at not less than Fifty pounds a year, or subject as hereinafter mentioned any lands or tenements in one and the same province but not situate in or only partly situate in any municipal district or districts for which he shall be bonâ fide liable to a yearly rent, either singly or in the aggregate, of not less than One hundred pounds shall subject to the provisions of this Act and " The Electoral Act No. 334. 32 VICTORIA, 1865" be qualified to vote in the election of members of the Legislative Council for the province in which such lands or tenements are situate. Ratepaying electors. Premises owned or occupied in succession sufficient. But after five years must be in some city town &c. What not to be deemed charges. Joint owners or lessees. Joint occupiers. Mortgagees and trustees. 15. Every such male person as aforesaid who shall under any Act or Acts now or hereafter to be in force relating to any municipal district or districts be enrolled upon the citizen burgess or voters' roll or rolls (as the case may be) of any municipal district or districts or any ward or wards subdivision or subdivisions (as the case may be) of such municipal district or districts in respect of rateable property of the yearly value of Fifty pounds either singly in one municipal district or in the aggregate in more than one municipal district situate in any one and the same province shall (subject to the provisions of this Act and "The Electoral Act 1865") be qualified to vote in the election of members of the Legislative Council for such province. 16. The lands or tenements in respect of which any person shall be qualified to vote as aforesaid shall not be required to be the same lands or tenements, but may be different lands or tenements owned held or occupied in immediate succession by such person, but after the expiration of five years from the coming into operation of this Act no person shall be qualified to vote in respect of any lands or tenements unless the same are situate within some municipal district or districts. 17. No public or parliamentary tax nor any municipal or other rate or assessment shall be deemed to be any charge payable out of or in respect of any lands or tenements within the meaning of this Act. 18. Where any such lands or tenements as aforesaid are jointly owned or held by two or more such male persons as aforesaid as such owners lessees or assignees as aforesaid, if the rating or the clear value or clear yearly value as the case may be of such lands or tenements is of an amount which when divided by the number of such owners lessees or assignees will give a sum of not less than the amount in that behalf hereinbefore required for each and every such owner lessee or assignee, each of such owners lessees or assignees shall be qualified to vote as aforesaid in respect of such lands or tenements so jointly owned or held but not otherwise. 19. Where any such lands or tenements as aforesaid are jointly occupied by two or more such male persons as aforesaid as such tenants as aforesaid, if the rating or bonâ fide rent as the case may be of such lands or tenements is of an amount which when divided by the number of such tenants will give a sum of not less than the amount in that behalf herein before required for each and every such tenant, each of such tenants shall be qualified to vote as aforesaid in respect of such lands or tenements so jointly occupied but not otherwise. 20. No mortgagee of any lands or tenements unless he is in the actual possession or in receipt of the rents and profits thereof shall be qualified to vote for or by reason of any mortgage estate therein; but the mortgagor in actual possession or in receipt of the rents and profits thereof shall be qualified to vote for the same notwithstanding such mortgage; and no trustee of any lands or |