number of votes, to be duly elected: Provided always that if the number of votes for any two or more candidates be equal, the returning officer shall then and there decide by his casting vote which of the candidates shall be elected: Provided also, that no returning officer shall vote at any election for the electoral district of which he is returning officer except as aforesaid: Provided also, that it shall be lawful for any deputy returning officer notwithstanding his acting as such, to vote as an elector for any electoral district for which he may be duly registered.

XXVII. The returning officer on the day on which such declaration is made, shall endorse on the writ the names of the persons so declared to be elected as aforesaid, and shall add thereto a declaration that such persons are elected in pursuance of the said writ, and shall also date such endorsement on the day on which the same is made; and shall then forthwith despatch the writ to the Governor.

XXVIII. No election shall be held to be void in consequence of the time there being no returning officer at the time of the issue of any writ, or in consequence of any by delay in the holding of the election at appointed, or in the taking of the poll, or in the return of the writ, such delay not extending beyond the day named for the return of the writ, or in consequence of any impediment of a technical or formal

nature.

XXIX. Any returning officer, or deputy returning officer or poll clerk, or other person employed in the conduct of an election, who shall wilfully neglect or refuse to perform any of the duties which, by the provisions of this Act he is required to perform, or shall misbehave himself in the performance of such duties shall for each offence forfeit and pay a sum not exceeding £50, to be recovered in a summary way before two justices of the peace.

XXX. It shall be lawful for the Governor to authorise the payment of all necessary expenses to be incurred in carrying the provisions of this Act into execution, to be defrayed out of any sums to be voted by the General Assembly for that purpose.

XXXI. When any matter or thing shall be required under the provisions of this Act, to be performed on a certain day, and that day happen to be Sunday, Christmas Day, or Good Friday, the said matter or thing shall be performed on the next succeeding day.

XXXII. And whereas divers of the electoral districts under this Act are far distant from the seat of Government, and of great extent, and unforseen difficulties or delays may arise in carrying into effect the several provisions herein contained with regard to elections for the said districts: Be it therefore enacted that within the period of forty days, before or after the day appointed for the holding of any election, it shall be lawful for the Governor in Council to extend the time allowed for the holding of such election, or for the return of the writ issued for the same notwithstanding the day may have passed on which such writ shall be returnable, and to adopt, or cause to be adopted, such measures as may be necessary to remove any obstacle of a technical or formal nature by which the due course of any such election may be impeded, and to supply any deficiency that may otherwise affect the Provided always, that any such measure so adopted by the Governor in council, shall be duly notified in the New Zealand

same:

"Gazette."

XXXIII. Throughout this Act in the construction thereof the term "polling booth" shall include any house, building, or other place at which any poll is being taken; and the day of the return of the writ shall be deemed to be the day on which the returning officer shall have endorsed thereon the names of the persons declared to be duly elected, and not the day on which the Governor shall receive the same.

XXXIV. This Act shall come into operation on the first day of January, 1859.

XXXV. The short title of this Act shall be "The Regulation of Elections Act, 1858."

SCHEDULE.

FORM NO. 1.

I, (A. B.), returning officer for the electoral district of

(or one of the deputy returning officers for the electoral district of

do promise and swear that I will faithfully perform the duties of returning officer

(or of deputy returning officer) to the best of my ability--So help me God.

Electoral District of (Name)

FORM NO. 2.
ELECTION NOTICE.

In pursuance of the provisions of an Act of the General Assembly of New

Zealand, intituled "The Regulation of Elections Act, 1858," I, returning officer for the electoral district of

notice that by virtue of a writ, bearing date the

,

day of

do hereby give

18

issued under the hand of His Excellency the Governor of New Zealand, an election will be held for the return of a qualified person (or persons) to serve as a member (or as members) of the House of Representatives for the said electoral district, and that the nomination of candidates will take place at (place to be designated) on

Monday, the

day of

will be taken on Tuesday, the

Dated this

day of

day of

18 ; and that the poll (if necessary) 18

18

A. B., Returning Officer.

The following places are polling places for the electoral district of

polling place

(Insert here a list of the polling places of the Electoral district.)

To the returning officer of the electoral district of

A. B., Returning Officer.

I, the undersigned, do hereby give notice that I withdraw my name as a candidate at the election to be held on the member (or members) of the House of Representatives for the electoral district

18

(Place of abode, and nature of qualification.)

do hereby declare, that in pursuance of the writ to me directed, bearing date the 18 the undermentioned candidate (or candidates) is (or are) duly elected a member (or members) of the House of Representatives for the said district. Dated this

FORM No. 5.

I, A. B., do hereby solemnly declare that I will not either directly or indirectly by any means whatever publish or make known before the close of the poll the number of votes which may have been given for any candidate at this present

election.

FORM NO. 6.

(Signed)

A. B.

I do swear that I am the person whose name appears as (here specify name) on the electoral roll now in force for the electoral district of (here specify name) and that I have not already voted either at this polling place or elsewhere, at this present election-So help me God.

FORM NO. 7.

I, A. B., do swear that I have not received or had by myself or any person whomsoever in trust for me, or for my use or benefit, or for the use or benefit of any member of my family or kindred, or any friend or dependent, directly or indirectly, any sum or sums of money, office, employment, gift, or reward, or any promise, or security for any money, office, place of emolument, gift or reward, by way of consideration, expressed or implied, by giving my vote at this election -So help me God.

21 and 22 Vic., No. 57. - An Act to make provision for the prevention of corrupt practices at elec[19th August, 1858.] tions. (a) WHEREAS it is expedient to make provision for the prevention of bribery and corruption at elections:

Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:

I. The following persons shall be deemed guilty of bribery, and shall be punished accordingly:

1. Every person who shall directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give, or lend, or shall offer, promise, or promise to procure, or to endeavour to procure, any money, or valuable consideration to or for any elector, or to or for any person on behalf of any elector, to or for any other person in order to induce any elector to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such elector having voted or refrained from voting at any

election.

2. Every person who shall directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise, or promise to procure, or to endeavour to procure, any office or place of employ. ment to or for any elector, or to or for any person on behalf

(a) CONTENTS: - Preamble. 1. Bribery defined. 2. Bribery further defined. 3. Treating defined. 4. Undue influence defined. 5. Names of persons convicted of bribery and undue influence to be expunged from the electoral roll. 6. Person giving refreshment to elector on day of polling on account of vote to forfeit 40s. 7. No cockades, &c.. to be given at elections. 8. Committee for promoting return of candidates not to sit at licensed public house. 9. Poll not to be taken at licensed public house. 10. Penalties how recoverable. 11. Court may order costs of prosecution to be paid to prosecutor. 12. In case of private prosecution, defendant may recover costs. 13. Prosecutor not to be entitled to costs unless he shall have entered into recognizance. 14. Limitations of actions and prosecutions. 15. Candidates guilty of bribery, &c., incapable of being elected for same district before next general election. 16. Interpretation clause. 17. Short title.

of any elector, or to or for any other person in order to induce such elector to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any elector having voted or refrained from voting at such

election.

3. Every person who shall directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person in order to induce such person to procure, or endeavour to procure the return of any person to serve in the General Assembly, or the vote of any elector at any election.

4. Every person who shall upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure, or engage, promise, or endeavour to procure the return of any person to serve in the General Assembly, or the vote of any elector at any election.

5. Every person who shall advance or pay, or cause to be paid any money to or to the use of any other person, with the intent that such money or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election.

And any person so offending shall be guilty of a misdemeanour, punishable by fine and imprisonment, and shall also be liable to forfeit the sum of one hundred pounds, to any person who shall sue for the same, together with full costs of suit.

II. The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly :

1. Every elector who shall before or during any election, directly or indirectly, by himself, or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place of employment for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election.

2. Every person who shall after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or to refrain from voting at any election.

And any person so offending, shall be guilty of a misdemeanour, punishable by fine and imprisonment, and shall also be liable to forfeit the sum of ten pounds, to any person who shall sue for the same, together with full costs of suit.

III. Every candidate at any election who shall corruptly, by himself, or by or with any person, or by any other ways or means on his behalf, at any time, either before, during, or after any election, directly or indirectly, give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay wholly or in part any expenses incurred for any meat, drink, entertainment or provision to or for any person in order to be elected, or for being elected, or for the purpose of corruptly influencing such person, or any other person to give or refrain from giving his vote at such election, or on account of such person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be deemed guilty of the offence of treating, and shall forfeit the sum of fifty pounds to any person who shall sue for the same, with full costs of suit: and every elector who shall corruptly accept or take any such meat, drink, entertainment, or provision, shall be incapable of voting at such election, aud his vote if given shall be utterly void and of none effect.

IV. Every person who shall directly or indirectly, by himself or by any other person on his behalf, make use of, or threaten to make use of any force, violence, or restraint, or inflict, or threaten the infliction by himself, or by or through any other person, of any injury, damage or loss, or in any other manner practice intimidation, upon or against any person, in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted, or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance, impede, prevent, or otherwise interfere with the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be deemed to have committed the offence of undue influence, and shall be guilty of a misdemeanour, punishable by fine and imprisonment, and shall also be liable to forfeit the sum of fifty pounds to any person who shall sue for the same, together with costs of suit.

V. Whenever it shall be proved before a revising officer that any person who is or claims to be placed on the list or roll of electors for any electoral district, has been convicted of bribery, or undue influence at an election, or that judgment has been obtained against any such person for any penal sum hereby made recoverable in respect of the offences of bribery, treating, or undue influence, or either of them, then such revising officer shall in case the name of such person is in the list of electors expunge the same therefrom, or shall in case such person is claiming to have his name inserted therein disallow such claim; and the names of all persons which shall be so expunged from the list of electors and of all persons whose claims shall be so disallowed shall be thereupon inserted in a separate list to be entitled "The list of persons disqualified for bribery, treating or undue influence," which last mentioned list shall be appended to the list or roll of electors, and shall be published therewith in three successive annual publications thereof.

VI. Every person who shall give, or cause to be given, to any elector on the day of polling, on account of such elector having polled, or being about to poll, any meat, drink, or entertainment, by way of refreshment, or any money or ticket to enable such elector to obtain refreshment, shall be deemed to have committed an illegal act, and shall forfeit the sum of forty shillings for each offence, to any person who shall sue for the same, with full costs of suit..

VII. No candidate before, during, or after any election, shall in regard to such election, by himself or agent, directly or indirectly, give or provide to or for any elector, or to or for any other person whomsoever, any cockade, ribbon, or other mark of distinction, and every person so giving or providing shall for every such offence forfeit the sum of forty shillings to such person as shall sue for the same with full costs of suit. And every person who shall during such election display or cause to be displayed any flag, banner or party emblem, or shall employ or cause to be employed publicly any band of music or musical instruments, shall for every such offence forfeit the sum of forty shillings to such person as shall sue for the same.