OUR ELECTORAL LAWS.

Evening Star, Issue 2970, 26 August 1872, Page 4

OUR ELECTORAL LAWS.

The Government have introduced three Bills—the (doctoral Bill—the Provincial Electoral Bill and the Emulation of Elections Bill, which are intended to consolidate, wholly or in part, about eighteen of the statutes dealing with this subject, at present in force in the Colony. The first has reference to the election of members of the House of Ecpresentatives, sets forth what the franchise shall be, how the electors shall be enabled to avail themselves of the franchise by registering their votes, and how the rolls shall be made up. The most important of the Bills relates to the qualification of electors. The Act recites the provisions oi the Act of 1871, and extends the franchise to the following persons ; It allows persons to vote who have been in receipt of salary at the rate of LIOO a year for a period of six months, but they must also have resided six mouths iu the district for which their names have been placed on the roll previous to the exercise of the vote. It also extends the franchise to the lodgers who pay nob less than L4O a year for board and lodging, or LlO a year for lodging alone ; these persons must aLo reside six months in the district previous to exercising the vote. The Bill also extends the franchise to ratepayers entitled to vote at highway board elections. In regard to the qualilication of miners, it is expressly provided that only one qualification can be used in any one district, i.e. a person holding a miner’s right can only vote in virtue of that right, or under the other qualifications proposed in the Bill. With regard to the registration of electors, considerable modification is proposed on the existing system. At present the list of claims to vote is advertised in two newspapers previous to revision by the revising officer. It is now proposed to adopt the English system, which requires all claims to be sent by post to the registration officer. A change is aiso proposed with respect to advertising the list of objections. At present the list of objections has to be advertised in two newspapers in the district, but there is no provision lor serving the notice of objection on the person against whom it is made. The Bill proposes to do away with the necessity of advertising in the newspapers and provides that the notice of objection shall be served by registered letter conveyed through the post, for which a fee of 2d only will be charged. It is also provided that the objections made by the returning officer shall be printed, if considered necessary, and posted in some conspicuous place in the district, and that there shall be a notice inserted in the newspapers stating that a list of objections has been made, and that it can be inspected at such places within the district as the revising officer may decide upon. The great object sougntby this plan is that the person whose claim is objected to shall have notice of the objection made; and the plan proposed is the practice followed in Victoria, where the objections are always forwarded by registered letter—a duplicate being kept by the Postmaster. Advertising the lists of objections now costs the country L6OO a year; by the new system the cost will be reduced to LSO. The law with regard to the revision of rolls is not to be altered, but a clause from the Corrupt Practices at Elections Act has been introduced, because it is thought to be proper that it should appear amongst the other regulations. The clause referred to provides that the name ©f any person guilty of bribery shall be expunged from the roll. The second Bill relates to the Provincial electoral system, but does not materially alter the present law. It consolidates "the whole of the present Acts, five in number, and forms a sort of handy book. The third Act deals with the conduct of elections of members of the House of Representatives ; it also makes provision in regard to corrupt practices at elections, and for the trial and decision of controverted elections. It consolidates live Acts, but the only alteration it proposes in regard to the conduct of elections is contained in a clause copied from the English statute, providing that if a returning officer neglects to send in a return of any election he shall be liable to bo sued. The law relating to corrupt practices is repeated, but C3r(a : n clauses from the English Act, which are penal clauses, having reference to bribery, are added. Great changes are proposed to be effected in regard to the mode of procedure in controverted elections. As in England, no jury will be employed. The .fudge decides questions of fact as well as of law ; and after deterrainiug upon the validity of the election itself, he reports to the House of Representatives who the rightful occupant of the seat is. There is no power behind his decision; his judgment is conclusive. Wheu the petition is presented, the Judge is to hold a Court, and it is to be remarked that the petition must be presented, no as has been done heretofore, several months after the election, but within one month after the election is over. The Court is held at the chief town of the province in which the district for which the election took place. The English practice had been followed here also ; that if there is any complaint against the returing officer he can be made a respondent to the petition, and of course be held answerable for any laches of which he may have been guilty. Then follow provisions enabling a petitioner to abate his petition, or withdraw it, if he shall see tit to do so so, and thereby save further costs ; then the judge of the Supreme Court reports his decision to the House, just as is the case in England. In another part of the Bill is a clause providing for the examination of witnesses. Every witness is bound to answer any question put to him, whether it is of a nature to criminate him or not, but he obtains a certificate from the judge, and this certificate, in case of any subsequent proceedings being taken against him, indemnities him in respect of the answers given before the Court; therefore no witness will be entitled to refuse to give evidence. The object of the clause, of course, was that the whole truth might be obtained, so that justice might not be defeated by the rule observed in all English Courts —that a witness is not expected to give an answer that may criminate him.