ELECTORAL REFORM BILLS.

Lyttelton Times, Volume IX, Issue 582, 2 June 1858, Page 4

ELECTORAL REFORM BILLS.

The following are analyses of the other seven -"bills on the subject bf Electoral Reform,-pro*. rinsed in our last issue, and condensed from the ■ ".' New Zealander:— „ No. 1 is " A Bill to Repeal certain Laws relating to Elections in New Zealand." The Preamble having stated that the1 law of election of members of the House of Representatives, and of Superintendents of Provinces, arid members -of" Provincial Councils, requires amend' ment," the Bilh enacts that part of section 4, and the whole>of sections 5, 6, 7, 8, 41, and 42 of the Constitution, Act, together-with Governor Grey?s Proclamation'of' March 5,1853, shall:be ■repealed; and * that this Act shall come into January'l, .'1859. Short title— ""Electoral Laws Repeal' Act, 1858." _ No.-i2is \"JA Bill to-provide for.the periodical Apportionment of Representation in the 'Mouse -of Representatives." ' Clause 1 enacts 'that at the first general election of the House •* of Representatives after JanuaryJ, 1860, forty••twp members, and at "the'first after 'January .1, -1863, fifty meriibers are to be elected. Clause' 2 provides', that in 1860, and eVery^hird year afterwards, the Governor shall ■~ t redivide the colony, arid-fix the number for each electoM-?district. ' Clause 3 shows how the number-of members for each district is to be : -*fixfed: no district to have more than three; ; the number of members for each ( "district to be, relatively to the total dfUepre-f sentatives, decided by the proportion borne by the electors in such district to the total of electors produced by'adding together the electors on all the electoral rolls of the cblony.;'the number of electors in any districts on such periodical redivision, never to exceed} or fall -short of the former number by-twenty-five. 'Clause 4 provides for the formation_6f electoral •rolls &r each district—persons having .qualifications in more than one district to fee placed on 'the rdDof each district. Clause-5- enacts that «uch division into electoral districts and apportionment of members shall be/riiade by Proclamation not later than May the Ist in any year, •when such division and apportionment at once" *-come into force, and from which day the-^exist-; '•ing^ electoral roll is the roll for f each "district « until a new roll is made out... Under clause 6, -electoral rolls to be published in -such form as ithe-Governor may think fit. Short title-^" The- ' Representation Apportionment Act," 1858." No/3 is," A bill to amend tlie law relatiny i.o the Qualification of Electors of y Members : ■of the Same of Representativee" By clause 1, every man of 21 and upwards,- is entitled, to ■a vote otf^freehold worth £50, whether subjector not "toyariy incumbrance or'"cHlfge^arid "of whichlh'e^ha's been in possession-six months prior, to registration; or on aleasehold, of the annual: value of £10, held.: ibr^jiofr Jess 'than^ j three-years^ subject six iridhth's' possession jpriorto ; or'.'as^^ a householder occupying (for -six months' prior to registratiori) a ••tenement of the annual value of £5. By>clause 2—-where- there are joint interests in any freehold,- leasehold, or tenement, each party having such interest to he entitled toaVote, provided ihevdhze of such joint interestis sufficient to •confer -a qualification under those heads. .By •clause 3, no trustee or mortgagee is entitled to yVote-ori-any trust or mortgage estate", nnless in actual possession, or receipt of the rents.; but dihe mortgagor or cestui-qu'e trust," in possession vor receipt, to be qualified, notwithstanding the I '•vtrust or mortgage. Clause 4 disqualifies aliens -~«nd parties criminally convicted, with the usual exceptions. By clause 5 every man qualified to: -vote, is qualified to be; a representative;-and by clause 6, a member ceasing, after election, to possess, his qualification, is not thereby incapacitated for holding his seat, unless disqu'ali-. fied from some other cause. Short title—-"The , Qualification of Electors: Act, 1858." • No. 4, " A bill to amend the law relating to. the Registration of Persons Qualified to Vote, Sfc. This bill contains 56 clausesi the greater portion of which necessarily refer to •details connected with - the working bf' the machinery of the measure; and a; schedule of eight forms of- lists of voters, :&c. The subi stance of the bill is briefly/ this: •1. -The Go-i; vernor to appoint a registratiori officerfbreach; district. 5. claims to be accompanied by a. declaration before and attested by a-Justice o£ the Peace—subject, for false declaration, to a penalty not exceeding £20, recoverable summarily^ 6. No such claim; and declaration to .be received, unless given 'to the Registration, •officer iri June of theyear when preferred. '3. Any person desirous of having his name omitted from the electoral roll to give registration officer a notice signed in: presence of a Justice of the P<iace;, v )l7. The Governor every July to appojnt-reyising officers for the several electoral districts; no such revising officer to be a member of the House of .Representatives or ;■' Provincial. ■ Council ,-er Superintendent— or to be eligible, -for two years after such ; appointment, for election as General or Provin■cial representative for each district, or Superintendent of proyincein which suclvdistrict is situ- '•.■' .^te.; 18. Revising officers to be sworn; (19.) -each to notify to registration "officer, of.. his disytrict his appointment.; and t0,(20.) hold open ■':.;, court, tp : revise list of voters, &c.,. on a day 'be- :■■:' itweeri September Ist and November Ist, in each year, of which day, andrif the.place of holding such court, 15 days' .notice to be given in two .newspapers. 21. Revising officer empowered to insert (on proof of notice of olaim) names :6t voters omitted from list;- subject;(22) to objection, without notice, b)' any person on the list.

Clauses 23 to 36 relate to the connection of lists, the mode of procedure in cases of objection, provision in case of change, of abode, and other matters in connection with the .making up and due custody of the certified electoral roll, the saleof copies thereof, and the forwarding original lists and copies to the Colonial Sec^, retary; By Clause 57, revising officer may award costs,; not exceeding £5, in casesof frivolous | claims and objections, to the parties resisting such claims -or objections:: and (38) order for payment may be made, although the party against whom such costs are awarded has given notice of appeal against the'decision of the revising officer; and'if costs havcbeen awarded in case <5f an objection, no further objection by same party to be heard till the costs are paid or deposited in hands of revising officer to abide event of appeal. "39. Costs recoverable by distress; with imprisonment "in default. Clause 40 provides for appeal from revising officers' decision on points of law.; but (41) not on questions of fact or of admissibility of evidence. Clause 42. Revising officer to state case' of appeal, which statement is to*be read over to appellant

in open court, signed by revising officer —appellant de6laring -thereon in writing " I appeal from that decision,-" and the statement then sent to the Registrar for the Province of the Supreme Court. 'Clauses 43, 44 —such appeals to ; be determined by:a judge off Supreme Court;; and (45,46) if decision of revising officer altered,; electoral roll to be corrected accordingly. Clause' 47 provides that an appeal pending shall not; ! affect right of voting: and 48 that judge may; give costs in appeal. -Clause .49 enacts that wil- ( ful misfeasance, &c, on the part-of any officers or person under, and -contrary to • the act, may, he punishable by penalty of not more than j £100, recoverable by party aggrieved. Clause f 50 empowers Governor to fix remuneration; to; persons carrying act into operation; andbr,sl|; one person may hold the offices of registration • officer and returning officer, or any two such! offices, at the same time. By clause 54, Gover- - nor may delegate his under this act;: and by 45, if the electoral roll for any district for any year be not completed, roll of preceding year to be in force. Short title—"The Registration of Electors Act, 1858."

No. 6is "A BiU-to maheprovisionfof the Trial of Petitions against the Return Members, Sfc" It has 46 clauses.. Petitioners (who must be electors) are now to enterdn each case into a bond to they Speaker of >the House, for £100, with sureties for-ari;additional£loG, for payment of costs and expenses, 'The-Spej^er to appoint an examiner of bonds, -either the: clerk of the House or some other person. All bonds, affidavits,'&c.; to be sworn before the examiner or a justice, and fhen delivered to the clerk of the House. Money may be paid into abank (to be designated by examiner, and in his name as trastee)iihrlieu of security, but not of petitioners' s bond. petition to: be re- ; ceived>unless -endorsed, by. eraininer that the .requisite bond. ;_arid''securitie3;haye been enfered "into. Bonds larid affidavits, to be open ytp;inspection, and sureties may be objected to, such to be. heard and decided by the exammer—in case ofy insufficiency or death, "the money in question may be paid into bank. Petitioner may withdraw petition on notice and payment of costs. If a member: petitioned •against shall^ decline, by notice to the Speaker, defending his election, any elector may petition to defend such return. Election petition committees to be chosen thus : a list to be made of all members available to serve; each' party shall then choose each one member, which two members shall be members of the committee. The' Speaker then to appoint a chairman, after -which each party is to strike -off, alternately, a name from the said list until the number is reduced to four, and those four, with the two'before, chosen and the chairmau, to constitute theMnhmittee to try the petition. If through non-attendance, the committee is reduced to "lessythari,three in number, it is to be dissolved ariaTa fresh one appointed—unless both patties TOrisent that such remaining members of committee should dispose of'the petition.. Comniitfee not to be dissolved by prorogation of Assembly, and to have the power of awarding costs* on either side. Short title— "Election Petition Act, 1858." No. 7 k "A Bill for the Prevention>qf Corrupt Practices at Elections"—The provisions of this measure are very stringent, and are so framed as to meet every case of indirect as well as direct bribery, wkether in-the shape of money-gifts, loans, or promises to.procure employment or appointment, and every such offence is declared a misdemeanour, punishable oy fine or imprisonment, the offender being liable to forfeit £100, with costs of suit, to the party who shall sue for the same. " Treating " of every kind, whether in meat or drink, strictly prohibited; and " undue ".influence" as strictly defined, and rendered liable to fine and imprisonment, and to a forfeit of £50 to any person who may sue for -the same. All persons colvicted of bribery or undue influence to be expunged from electoral roll; and any persons giving refreshments on day of polling to forfeit 4Us. _ JVo cockakes or other.mark of party distinction to be given on pain of-penalty of 40s and costs to party who may sue. Candidates' committees not to sit at public-houses, and no poll to be takeuin a public-house. Penalties recoverable in the Supreme Court of New' Zealand. Candidates declared guilty of bribery, incapable of being elected for same district'before next general election. Short title—" Corrupt Practices Prevention Act, 1858." - . 'No. B—the-last'-of the series—though .short is most comprehensive and important as regards the provinces. It is "A Bill to amend the Law relating ta the Elections of Superintendents of Provinces, and Members of Provincial Councils." It provides that the superin-

tendent and council may divide the provinces into electoral districts; and that every person entitled to be registered as an elector for the House of Representatives is entitled to vote for superintendent and members of Provincial Council. That the electoral roll for the House of Representatives shall be evidence of the right of the persons thereon to vote at provincial elections. That until otherwise ordered^ either by general or provincial legislature, provincial elections (both for superintendents and members of ' council) shall be conducted in manner prescribed by the proclamation of Governor XJrey of March 1863; but that for the election of Superintendent, " the whole of such province shall be deemed to be one electoral district, that one writ only shall be issued for such election," and the nomination be held at the capital-town of the province. That the disputed right of any person ' to:vbe superintendent, or' member of council^ be determined on information in the nature of a quo warranto, except in cases provided for by Sec. 11 of the Constitutiori Act; and that writ of mandamus lie in all cases where applicable. That the "Corrupt Practices Act, 1858," shall apply to Provincial elections; and that the present Act shall apply to every province now or hereafter to be established i n the1 Colony of New Zealand. Short title—? "Provincial Elections Act, 1858."