Electoral. Appeals from Courts of Revision. A.D. 1896. cisions of Courts of Revision on points of law. 62 It shall be lawful for any person who, under the provisions Appeal from deherein before contained, has made any claim to have his name inserted in any List of Electors, or made any objection to any other person as not entitled to have his name inserted in any List of Electors, or whose name has been expunged from any List of Electors, and who in any such case is aggrieved by or dissatisfied with any decision of the Court of Revision on any point of law material to the result of such case, either by himself or by some person on his behalf, to give to the Court before its rising, on the same day on which the decision is pronounced, a notice in writing that he is desirous to appeal, and in such notice shall shortly state the decision against which he desires to appeal; and the Chairman to preChairman of the Court shall thereupon state in writing the facts which pare a statement according to the judgment of the Court have been established by the of facts. evidence in the case, and which are material to the matter in question, and shall also state in writing the decision of the Court upon the whole case, and also the decision upon the point of law in question appealed against; and the Chairman shall read the said statement to the Appellant in open Court, and shall then and there sign the same. parties, &c.; 63 The Appellant, or some one on his behalf, shall at the end of Appellant to such statement as aforesaid make a declaration in writing under his make a declarahand to the following effect; that is to say, "I appeal from this "I appeal from this tion in writing. decision ;" and the Chairman shall then endorse upon every such Chairman to statement the name of the District to which the same relates, and also indorse on statethe Christian name and surname and place of abode of the Appellant ment names of and of the Respondent in the matter of the said appeal, and shall sign and date such endorsement; and the Chairman shall deliver such state- and deliver a ment, with such endorsement thereon, to the Appellant, to be by him copy to either transmitted to the Registrar of the Supreme Court in the manner party requiring hereinafter mentioned; and the Chairman shall also deliver a copy of such statement, with the said endorsement thereon, to the Respondent in such appeal who requires the same. it. 64 In the matter of every such appeal the party in whose favour Who shall be the decision appealed against was given shall be the Respondent; but Respondent on if there is no such party, or if such party or some one on his behalf in appeal. open Court declines, and states in writing that he declines, to support the decision appealed against as Respondent, then and in every such case it shall be lawful for the Court to name any person who may be interested in the matter of the said appeal and who consents, or the Returning Officer, to be, and such person so conseuting, or such Returning Officer so named, shall be deemed to be, the Respondent in such appeal. 65 If it appears to the Court of Revision that the validity of any Power to consolinumber of such claims or objections determined by the Court depends, date appeals. and has been decided by the Court upon the same point of law, and the parties or any of them aggrieved by or dissatisfied with the decision thereon have given notice of an intention to appeal therefrom, it shall in such case be lawful for the Court to declare that the appeals against such decision ought to be consolidated; and the Chairman shall in such Statement of case state in writing the case, and the decision thereon, in manner facts. hereinbefore mentioned, and that several appeals depend upon the same A.D. 1896. Appellant and Respondent to be named. Appellant's declaration. Respondent's declaration. Returning Officer may be named as Respondent. Consolidated appeals to be single appeal. Electoral. decision and ought to be consolidated, and shall read such statement and sign the same as herein before mentioned; and thereupon it shall be lawful for the Court to name any person interested, and consenting, for and on behalf of himself and all other persons in like manner interested in such appeals, to be the Appellant or Respondent respectively in such consolidated appeal, and to prosecute or answer the said appeal in like manner as any Appellant or Respondent might in his own case under the provisions of this Act. 66 The person so named Appellant in such consolidated appeal as aforesaid, or some one on his behalf, shall, at the end of the said statement, make and sign a declaration in the form or to the effect following; that is to say "I, for myself and on behalf of all other the persons who are "interested as Appellants in this matter, and whose names are "hereunder written, do appeal against this decision, and agree "to prosecute this Appeal And the person so named Respondent in such consolidated appeal, or some one on his behalf, shall in like manner make and sign a declaration in writing in the form or to the effect following that is to say "I, for myself and on behalf of all other the persons who are "interested as Respondents in this matter, and whose names are "hereunder written, do agree to appear and answer this Appeal." And the name and, where necessary, the particulars of the qualification of every party intended to be joined in such consolidated appeal, shall be written under the aforesaid declaration of the Appellant or Respondent respectively to which they may respectively refer : Provided alwaysthat it shall be lawful for the Court, if necessary, in any case to name the Returning Officer to be, and such Returning Officer so named shall be, the Respondent in such consolidated appeal without any such declaration being made or signed by him as herein before mentioned. 67 In and with regard to every such consolidated appeal the like proceeding shall be had and taken, and the like rules and regulations conducted as any shall apply, as in the case of any separate appeal under this Act; and every Order, Judgment, or Decision of the Supreme Court shall be equally valid and effectual for all the purposes of this Act, and binding and conclusive upon all the parties named in or referred to as parties to such consolidated appeal as aforesaid; and if in any case all or costs may be made any of the parties to such consolidated appeal make or enter into any agreement as to the mode of contributing amongst themselves to the costs and expenses of such appeal, the said agreement may, upon the application of any party thereto, be made a Rule of the Supreme Court if the said Court thinks fit. Agreement for contribution to Rule of Court. Conduct of appeal not duly prosecuted may be given to other persons. If person interested refuses to be a party, &c. 68 If any such consolidated appeal is not duly prosecuted or answered, it shall be lawful for the Supreme Court, or for any Judge thereof, to give to any party interested in such appeal upon his application the conduct and direction of such appeal, or of the answer thereto, respectively, as the case may require, instead of or in addition to any person named as aforesaid as Appellant or Respondent, and in such manner and upon such terms as the said Court or Judge may direct, or to make such other order in the case as may seem meet: Provided also, that if, after the said Court of Revision has as aforesaid declared that the appeal in any case ought to be with others Electoral. consolidated, any party interested in such appeal objects or refuses to be A.D. 1896. a party to or to be bound by any such consolidated appeal, then and in such case the appeal in which such person is interested may proceed separately, but such person so objecting or refusing shall be liable to pay costs to the other party, but shall not be entitled to receive any costs of or in such appeal unless the Supreme Court otherwise orders. 69 All appeals or matters of appeal from or in respect of any Appeals to be decision of any Court of Revision entertained in manner hereinbefore heard by the mentioned shall be prosecuted, heard, and determined in and by the Supreme Court. Supreme Court of Tasmania according to the ordinary Rules and Practice of the said Court with respect to special cases, so far as the same may be applicable, and not inconsistent with the provisions of this Act, or in such manner and form, and subject to such Rules and Regulations, as the said Court from time to time, by any Rule or Order made for regulating the practice and proceedings in such appeals, orders and directs. Registrar of Supreme Court and Respondent. 70 Every Appellant who intends to prosecute his appeal shall, Notice of appeal within Thirty days next after the decision to which such appeal to be given by relates, transmit to the Registrar of the Supreme Court the state- Appellant to ment in writing so signed by the Chairman of the Court of Revision as aforesaid, and shall also therewith give or send a notice, signed by him, stating therein his intention to prosecute the said appeal; and the said Appellant shall also give or send a notice signed by him to the Respondent in the said appeal stating his said intention duly to prosecute such appeal in the said Court; and the Registrar shall Appeals to be forthwith enter every appeal of which he has received due notice entered in a book. from the Appellant as aforesaid in a book to be kept by him for that purpose. 71 The Judges of the Supreme Court shall make arrangements for hearing the appeals entered as aforesaid, and shall appoint such certain day or days either in Term time or in time of Vacation as they may think fit and necessary, but as early as conveniently may be, for the purpose of hearing and deciding such appeals; and the said Judges shall cause public notice to be given of the time and place appointed by them for that purpose, and of the order in which such appeals will be heard. Court to give notice of time hearing appeals. and place of 72 No appeal or matter of appeal whatsoever shall in any case, No appeal to be except where the conduct and direction of the appeal, or of the answer entertained unless thereto, has been given by order of the Supreme Court, or of a Judge notice given. thereof, to any person, be entertained or heard by the said Court unless notice has been given by the Appellant to the Registrar at the time and in the manner herein before mentioned; and no appeal shall be heard by the said Court in any case where the said Respondent does not appear, unless the said Appellant proves that due notice of his intention to prosecute such appeal was given or sent to the said Respondent Ten days at least before the day appointed for the hearing of such appeal: Provided always, that if it appears to the said Court that there has not been reasonable time to give or send such notice in any case, it shall be lawful for the said Court to postpone the hearing of the appeal in such case as to the Court seems meet. A.D. 1896. No appeal on questions of fact or admissibility of evidence. Court may remit case to be more fully stated. No appeal against order for payment of costs. Decisions of Electoral. 73 No appeal or notice of appeal under this Act shall be received or allowed against any decision of the Court of Revision upon any question of fact only, or upon the admissibility or effect of any evidence or admission adduced or made in any case to establish any matter of fact only Provided always, that if the Supreme Court is of opinion in any case that the statement of the matter of the appeal is not sufficient to enable such Court to give judgment in law, it shall be lawful for the said Court to remit the said statement to the Chairman of the Court of Revision by whom it was signed, in order that the case may be more fully stated. 74 No appeal shall be allowed or entertained against or only in respect of any order by a Court of Revision for the payment of costs as herein before provided. 75 Every judgment or decision of the Supreme Court shall be final Supreme Court to and conclusive in the case upon the point of law adjudicated upon, and shall be binding at the trial of any Election Petition as hereinafter provided. be final. Decision of and Electoral Roll Copies of decisions on appeals to be admissible in evidence. Pending appeal not to affect right of voting. Decision after Election not to affect result of Election. any 76 Whenever by any Judgment or Order of the Supreme Court Decision or Order of any Court of Revision is reversed or altered so as to require any alteration or correction of the Electoral Roll of any District, notice of such Judgment or Order of the said Court shall be forthwith given by the said Court to the Returning Officer having the custody of such Roll; and the said notice shall be in writing under the hand of the Registrar of the said Court, and shall specify exactly every alteration or correction to be made, in pursuance of the said Judgment or Order, in the said Roll; and such Returning Officer shall, upon the receipt of the said notice, alter or correct the said Roll, and the Polling List for such District, accordingly, and shall sign his name against every such alteration or correction in the said Roll and Polling List, and shall forthwith send a copy of such notice and of such alteration in the Roll and Polling List to the Clerk of the Peace, and shall safely keep and hand over to his successor every such notice received by him from the Supreme Court as aforesaid, together with the said Roll and Polling List. 77 A copy of any Order or Decision of the said Supreme Court, such copy purporting to be signed by the Registrar of the said Court, shall be sufficient evidence in all cases, without proof of the signature of the said Registrar, and shall have the like force and effect as any entry made in any List of Electors or Electoral Roll under this Act. 78 No right of voting at any Election of a Member or Members shall be affected by any appeal pending in the Supreme Court at the time of the issuing of the Writ for such Election, but it shall be lawful for every person to exercise the right of voting at such Election as effectually, and every vote tendered thereat shall be as good, as if no such appeal were pending; and the subsequent decision of any appeal which is pending in the said Court at the time of the issuing of the Writ for any such Election shall not in any way whatsoever alter or affect the Poll taken at such Election, nor the return made thereat by the Returning Officer. Electoral. Court of Appeal may give costs. 79 It shall be lawful for the Supreme Court to make such Order A.D. 1896. respecting the payment of the costs of any appeal, or of any part of such costs, as the Court thinks fit: Provided always, that it shall not be lawful for the said Court in any case to make any Order for costs against or in favour of any Respondent, or person named as Respondent as aforesaid, unless he appears before the said Court in support of the decision of the Court of Revision in question. PART III. MODE OF ELECTION. 80 Whenever and as often as the House of Assembly of the When Assembly Parliament of Tasmania shall cease to continue, or shall be dissolved dissolved, Poll by the Governor, the Poll for all the Assembly Districts in respect of for all contested which the Election is contested shall be taken on the same day. Districts to be. taken on the same day. Writs to be 81 Whenever and so often as the House of Assembly of Tasmania When House shall cease to continue, or shall be dissolved by the Governor, the Writs of Assembly for the Election of the Members of the House of Assembly shall be issued dissolved, new with as much expedition as the same can be done; and every Writ returnable issued as aforesaid shall be forthwith forwarded by the Chief Secretary within 50 days. to the Returning Officer of the District in respect of which such Writ is issued, and such Writ shall be made returnable to the Governor within the period of Fifty days after the House of Assembly ceased to continue or was dissolved, anything contained in any Act to the contrary notwithstanding 82 Not more than Ninety days shall elapse between the dissolution Period between of the House of Assembly and the next meeting of the Parliament of dissolution and Tasmania. meeting of Parliament. Writs for Elections. 83 The Writ for the Election of any Member to serve in the Par- Governor to issue liament of Tasmania for any District shall be issued by the Governor, directed to the Returning Officer of such District, and shall be returnable within Thirty days from the date thereof. Every such Writ shall specify the following particulars :— 1. The period within which Candidates may be nominated for II. Some Polling-place to be the principal Polling-place for the III. The day for taking the Poll at the different Polling-places in IV. The day on which the Writ is made returnable by the 84 All such Writs may be framed in any manner and form which Form of Writs. is sufficient for carrying the provisions of this Act into effect. |