506 PARLIAMENTS OF THE DOMINIONS [PART II
not entertain appeals from Courts from which it would
normally hear such appeals, and this principle has been
formally adopted by the High Court of the Commonwealth
of Australia. There are clearly paramount reasons of
convenience for the adoption of this rule.
In the Commonwealth controverted elections are now
referred to the High Court under the Electoral Acts, 1902-9,
part xvi. In New South Wales and Victoria the Houses still
exercise the right of themselves dealing with petitions; in
Queensland in the House of Assembly the tribunal is the
Supreme Court Judge and six members ; in the case of the
Council, as in New South Wales, it decides subject to appeal
to the King in Council; in Tasmania and Western Australia
the Court decides; and in South Australia, a judge aided
by four members of the Council or the Assembly respectively.
Under No. 101 of the Consolidated Statutes the Court in New
Zealand is composed of two judges of the Supreme Court.
The law courts also deal with such cases in South Africa.
There have been comparatively few experiments with
regard to electoral matters in the Dominions. In the case
of New Zealand the second ballot was adopted and was put
into force first at the General Election in 1908. The Act
was passed in October 1908. Under that Act a candidate
must obtain more than half of the valid votes recorded.
If no candidate receives an absolute majority of votes as
the result of the first ballot, the second ballot becomes
necessary, and is taken between the two candidates who have
received the highest number of votes, all others being
excluded. The date for taking the second ballot is fixed
as the seventh day after the close of the poll on the first
ballot, excepting in ten electorates, where the difficulties
of communication necessitate an interval of fourteen days
being allowed.
The candidate who at the second ballot receives the higher
number of votes is declared to be elected. There are pro-
visions for deciding procedure when an equal number of votes
is polled by both candidates, the returning officer giving
a casting vote ; also as to recounts and election petitions.