✨ Mining District Election Regulations
12.—Every elector before voting shall produce his miner’s right or lease to the Returning Officer, who shall stamp or otherwise mark the same, and shall deliver to such elector a ballot paper with such stamp or mark, and every such elector shall, without leaving the room, strike out the names of every candidate for whom he shall not desire to vote, and in case any elector shall be unable to read or write, the Returning Officer shall, in view of such one of the scrutineers as such elector may desire, strike out the names of such candidates as such elector may designate, and after such names shall have been so struck out, the voting paper shall be deposited in the said box.
13.—It shall be lawful for the Returning Officer, or for any one candidate or scrutineer, to put to any person tendering his vote the questions following:—
1.—Are you of the age of twenty-one years?
2.—Are you residing in this district?
3.—Are you a natural born or naturalized subject of the Queen?
4.—Are you the person named in this miner’s right or lease?
5.—Have you already voted at this election?
And no other question shall be put to any person tendering his vote, and no person who shall refuse to answer any such questions, or who shall not answer the same to the satisfaction of the Returning Officer; or whose miner’s right or lease shall have thereon, when first produced as aforesaid, such stamp or mark as aforesaid, shall be permitted to vote.
14.—Immediately upon the close of the poll the Returning Officer shall proceed in the presence of the scrutineers of the candidates to ascertain the number of votes for each candidate, and such Returning Officer shall, as soon as conveniently can be after the close of the poll, give public notice of the number of votes given to each candidate, and shall declare the candidates who have received the greatest number of votes not exceeding the number to be elected, duly elected. And if two or more candidates shall have received an equal number of votes the Returning Officer shall have the casting vote.
15.—When the proceedings at any such elections shall be interrupted or obstructed by any riot or open violence, the Returning Officer shall not finally close the poll, but shall adjourn the taking of the poll to the day following, and, if necessary, the Returning Officer shall further adjourn such poll until such interruption or obstruction shall have ceased, when the Returning Officer shall again proceed with the taking of the poll.
16.—Any petition disputing the validity of the election of any member or members of the Board must be signed by at least six duly qualified electors, and forwarded to the Superintendent within fourteen days from the day on which the Returning Officer shall have declared the member or members so petitioned against to have been duly elected; and every such petition must be accompanied by a deposit of ten pounds to cover any expenses not hereinafter specially provided for; and any balance which may remain after the payment of such expenses shall be returned to the depositor.
17.—On receipt of any petition and deposit as aforesaid, the Superintendent will appoint a Chairman who shall, in conjunction with such members of the Mining Board as are not petitioned against, constitute a Board of Inquiry to try the validity of the election or elections so petitioned against; and every such Board of Inquiry shall have power to hear and receive evidence, and to examine witnesses on oath.
18.—It shall be lawful for the Chairman of such Board of Inquiry to issue a summons (in the form B hereunto annexed, or to the like effect) to any party petitioning as aforesaid, calling upon any person therein named to give evidence in the matter of the election so petitioned against, and to produce any documentary evidence relating thereto which may be in the custody or possession of the party named in the summons; provided that no such summons shall be granted unless the applicant shall have previously deposited with the clerk of the Mining Board an amount sufficient to allow to each witness a mileage, one shilling per mile, and a further sum of twenty shillings for the expenses of such witness during the time of his attendance, when such witness shall reside at any greater distance than two miles from the place where such Board of Inquiry shall be held, or ten shillings when such witness shall reside at any less distance.
19.—The decision of such Board of Inquiry shall be taken by a majority of the votes of the members thereof; and if the members are equally divided in opinion, then, and not otherwise, the Chairman shall have a casting vote: and such decision shall be reported to the Superintendent, and shall in all cases be final.
20.—The said Mining Board shall hold its first meeting on the second Tuesday after every General Election, and shall have power to adjourn from time to time; but it shall be lawful at all times for the Chairman to convene a special meeting of such Board on giving fourteen days’ notice thereof by advertisement in one or more newspapers, published or circulating in the said district.
21.—At the first meeting of the said Mining Board after any General Election, and whenever the office of Chairman of any such Board shall become vacant, the members of the said Board shall proceed to the election of a Chairman: and the member who shall receive the greatest number of votes shall be the Chairman, but no member shall be entitled to vote for himself; and in case any two or more members shall receive an equal number of votes the Chairman shall be selected from such members by lot.
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✨ LLM interpretation of page content
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Proclamation constituting Waitahuna as a Mining District
(continued from previous page)
🗺️ Lands, Settlement & SurveyProclamation, Mining District, Waitahuna, Gold Fields Act, Mining Board
🗺️ Regulations for Mining District Elections
🗺️ Lands, Settlement & SurveyElection, Mining District, Voting, Returning Officer, Scrutineers, Ballot, Poll, Petition, Board of Inquiry
Otago Provincial Gazette 1862, No 204