622 JOURNAL OF PROCEEDINGS [Mar. 9,

sample printed forms of ballots for their assistance in
the preparation of the ballots by them, and also pre-
pare and cause to be printed in clear, large type on
separate cards, to be called cards of instruction, at the
expense of the State, and transmit to said respective
Boards of Supervisors full instructions for the guid-
ance of voters as to obtaining ballots, the manner of
marking them, the method of giving assistance and
the manner of obtaining new ballots in place of those
accidentally spoiled, together with copies of sections
162 to 166, inclusive, to the number of ten for each
polling place. "

As section 135 gives sixty days before the date of an
election to parties to complete their certificates of
nomination and nomination papers and to file them
with the Supervisors, it would seem to be clear that it
necessarily repeals section 92, of Article 33, which re-
quires the election to be held within fifteen days
after the receipt by the Sheriff of the warrant
and deprives him of the power and relieves him of
the duty of holding the election within that short
time after its receipt.

And as section 138 makes it the duty of the Secre-
tary of State to send the sample ballots and cards
of instruction at least thirty days before the day of
election, it is manifest, that the performance of this
duty must necessarily prevent any election from being
held before the expiration of the present Session of
the General Assembly, which by constitutional limi-
tation will come to an end on the 4th day of April
next.

As therefore no election can lawfully be held in
time to enable the candidate who shall be elected to
take his seat at the present session, it necessarily fol-
lows that under any warrant from the President of
the Senate to the sheriff, authorizing and directing
him to hold an election to fill the vacancy in the office
oi Senator, the sheriff must obey the paramount pro-
vision of section 13, of Article 3, of the Constitution,
and give notice that the election will be held at the
ensuing general election for Senators and Delegates in
November, 1893.

It cannot now be held earlier without a violation of
this provision of the Constitution and of sections 133
and 138, of the Australian Ballot Act.