The Lyttelton Times.

Lyttelton Times, Volume X, Issue 622, 23 October 1858, Page 4

The Lyttelton Times.

Saturday t October 23. The conversational tone of the Provincial Council grew lively on Thursday nig-ht. Not many more than half the members were present, but they made up for want of numbers by vigour. The Bill for the Regulation of Immigrants' Barracks was opposed, on the ground that it was unnecessary, and that the Superintendent could make Regulations without an Ordinance. The Public Boards Bill was thrown out, for several alleged reasons. It was said that it would not work; that if it did come into operation it would be a nuisance; that it is not wanted; that the responsibility of the Superintendent would be got rid of in a gTeat measure, and that in fine there were many other objections equallj cogent. We cannot but think, however, that had all the Lyttelton members been present this measure would have been carried. In Lyttelton, some provision like that proposed is wanted. No doubt the inhabitants can do without it, as they have done before, but they will be subject to many inconveniences. Other districts from time to time would have found such an Ordinance advantageous. But legislation on this subject appears as yet so far a luxury to many of the Provincial Council that they can afford to be fastidious about it. Some time ago, a very elaborate and comprehensive measure was introduced and thrown out: now a very simple one has followed' in its wake. Some time hence we may hope to reach perfection. As to the regulations for the Immigrants barracks, the Council do not consider legislation necessary. It is true they went into the proposed bill seriously enough at first, and made an amendment upon it j but on further consideration it was not deemed right to take the framingof regulations out of the hands of "the Superintendent. The latter authority wished probably to take the advice of the Council on-the matter, and to leave no doubt whatever as to the. force of the regulations, by passing them into a local ordinance. Perhaps it was thought that the framing of laws and regulations for the management of local concerns constituted the chief duties of the Superintendent and Provincial Council conjointly. But the latter body think otherwise. It will be easy for the Superintendent to make regulations if the Council prefer to leave that duty to him. The Council will then have leisure to stick to the more Parliamentary and Constitutional duty oj putting Government on its trial for all offences short of high treason. The Estimates are to be considered next week. The proposed public works will a* any rate afford legitimate grounds tot serious consideration. The passing' of the Estimates is, after all, the most important work of the Provincial Council j the l"ro°

sums which it has to vote making its responsibility a very serious matter. If the debates on public works are got over with as much expedition and good temper as those on the other business introduced, •we shall be able to congratulate the Council on the greatest of comforts to legislators--^ short session.

The following Acts complete the Electoral series:— . No. 56. The Regulation of Elections Act provides for the conduct of elections of members of the House of Representatives. The Governor shall appoint Returning Officers for the several electoral districts by warrant. The Returning Officer shall conduct elections at the principal polling-place in the district, and shall appoint in writing deputies for the other polling-places on the occasion of each election. The Returning Officers and Deputy Returning Officers shall be sworn according to form in schedule. The Governor snail appoint polling-places within or without the district, provided that no polling-place shall be appointed unless more convenient than any other for at least thirty electors. The Returning Officer must give not less than five nor more than fifty days notice of election on receipt of writ. The form of notice given in schedulers fortunately somewhat shorter than the voluminous form hitherto in vogue. The nomination is to take place as of old. The votes shall be given vivd voce, and entered in the poll-book by the Returning Officer or Poll Clerk, and the entry signed by the voter. The Returning Officer may ask any person voting two questions, upon oath: viz., whether he is the person specified in the Roll, and whether he has already voted. Personation is made a misdemeanour. The Returning Officer shall give into custody any person charged in writing with personation by an agent any of the candidates. If the \ charge be unfounded, the examining Jus- \ tices may order compensation not exceed- [ ing the sum of £20 nor less than £5 to I be paid by way of damages to the person I falsely charged. If a riot should interrupt | the polling, the Returning Officer may adI journ the taking of the poll, provided that I the whole time of taking the poll shall not | exceed seven hours. The Returning Officer I to have a pasting vote, but not to vote I otherwise y a deputy Returning Officer may § vote if an elector. This act is to come inI to operation on the Ist day of January, I 1859. ■■■'. ■; :.- . I No. 67, Tlie Corrupt Practices PreH vention Act is very severe. Bribery is W defined so as to include every form of inI fluence that could be so called, and is I made a misdemeanour; punishable moreI over by a fine of £100 payable by the I briber, or of £10 payable by the bribed, to I any person who may sue for the same, I together with full costs of suit,. Treating i is also defined in a very comprehensive I manner. A person found guilty of treat- ? ing with a view to influence votes, is | liable to a penalty of £50, and any person | treated loses his vote. Undue influence is I made a misdemeanour, and any person I guilty thereof is likewise liable to a fine I of £50, payable to any person who shall I sue for the same. Persons guilty of bri- * bery, treating, or undue influence, shall be I struck off Electoral Roll, and their names I published by the Revising Officer, together I with the roll, in three successive annual I publications thereof. No refreshments to I be given to electors under penalty of 40s. 1 for each offence. The same penalty atta--1 ches to the giving of cockades, the display I of any flag or party emblem, or the cmi ployment of a. band of music during elec--1 tion time. No candidate's committee may It sit at any licensed public house, nor may a Jj poll be taken at such house. Any candifl date guilty of bribery, treating, or undue ■ influence shall be incapable of being elected jf for the same district until next General §§ Election.

No. 58. The Election Petitions Act

W provides that the petitioner or petitionj ers s i ia u enter m t o a bond to the jj Speaker for the sum of £100, with one, j| two,'three, or .four sufficient sureties for I the additional sum of £100 for the pay- | merit of costs and expenses. The Speaker JJ shall appoint the Clerk of the House or 8 some other person to be Examiner of Elecj| tion Bonds. Money may be paid into the jj hank instead of security given. A petition jj may be withdrawn, but in such case all 1 expenses must be paid by the petitioner. I If the member petitioned against declines jj to defend his election, any duly qualified I elector maybe admitted to oppose the g petition; but the member declining- to | defend shall not be allowed to sit or vote j Wl the petition is decided. When a list

of all Members of the House liable to serve, on Committees is made out, each party shall choose one Member and the Speaker shall choose a third, who shall be chairman. Each party shall then strike a name off the list alternately till only four are left; these four Members, together with the Chairman appointed by the Speaker, shall form the Committee to try the merits of the petition. The members of the Committee shall be sworn, and shall | not adjourn for more than thirty hours | without leave of the House. If the Com- I mittee be unavoidably reduced to less than three it shall be dissolved. Ques- ' tions to be decided by a majority of votes. Votes to be reported to the House. The Committee may send for persons books and papers, and may examine upon oath. Persons disobeying summons of Chairman of Committee or otherwise misbehaving themselves shall be deemed guiltyof misdemeanour and may be given into custody by the Chairman. The decision of the committee shall be final. Costs may be awarded as the Committee shall see fit. If it shall be proved that the Returning Officer wilfully neglected or refused to return the proper person he may be sued for double damages with all costs of action.

No. 59. The Provincial Elections Act authorises Provincial Councils to divide provinces into electoral districts for the election of members of Provincial Council. Bills for such purpose must be reserved for the Governor's assent. The Governor shall appoint a Registration, Officer for each province to form provincial electoral rolls from those made for the election of Members of the House of Representatives. Every person qualified to vote on the latter rolls for any district within, a province shall be placed on the roll, for the election of a Superintendent thereof; and any person whose qualification to vote specified in the roll for the House of Representatives shall be by virtue of any tenement or hereditament situate within the boundaries of a provincial district shall be placed on the roll of that district. The Regulation of Elections Act shall apply to provincial elections so far as relates to their general management and conduct. The Governor shall appoint Returning Officers, but may delegate power of appointment to Superintendents. For the election of a Superintendent, the whole of a province shall be deemed to he an electoral district, and the Writ shall be addressed to the Principal Returning Officer of the capital town. The rights of any person claiming to hold the office of Superintendent or to be Member of Provincial Council shall be determined on information in the nature of a quo rvarranto, and by no other mode except in such cases as are provided by the 11th section of the Constitution Act: that is to say, in case of a vacancy on accouni of a member of Provincial Council failing in his attendance for two successive sessions, or becoming bankrupt, or guilty of treason, felony, or any infamous offence. Such cases the Constitution Act provides shall be determined by the Provincial Council when referred to it by the Superintendent. A writ of mandamus shall lie in all cases where applicable. The Corrupt Practices Act shall be applicable to provincial elections.