NEW SOUTH WALES ACT. - ANNO QUINTO & SEXTO YICTORIÆ REGINÆ. CAP LXXVI. | Legislative Council to be constituted. - The Australian (Sydney, NSW : 1824 - 1848) - 9 Dec 1842 (original) (raw)

Fri 9 Dec 1842 - The Australian (Sydney, NSW : 1824 - 1848)
Page 3 - NEW SOUTH WALES ACT.

An Act for the Government of New South

Wales and Van Diemen's Land.

(Passed the Lords, on the 25th. of July, 1842.)

[Received the Royal Assent 30th July, 1842.]

Legislative Council to be consti-

Whereas it is expedient that further pro-

vision be mado for the government of JVew

South Wales; bo it 'therefore enacted by the

Queen 'a ' most Excellent Majesty, by and

with tlie advice and consent of the Lords

Spiritual and Temporal, and Commons, in

this present Parliament assembled, and by

the authority of the tamo, That there shall

be within the colony of New South Wales a

Legislative Council, to be constituted in the

manner and for the purposes hereinafter

mentioned, aiid that the said Legislative

Council shall consist of thirty-six Members,

and that twelve of tho Members of the said

Council shall from time to time, in the man

ner hereinafter mentioned, be appointed by

Her Majusty, and that twenty-four of the

Members of the said Council shall from

time to time, in the manner hereinafter

mentioned, be elected by the inhabitants of

Electoral Districts to be constU

II. And be it enacted, That the Legis

lature now by law established within the

said colony of New South Wales shull, by

ordinances to be for that purpose made and

anacted in the manner and Bubject to the

conditions now by law required in respect of

liny ordinances made and enacted by the

said Legislature, make all necessary pro

visions for dividing the parts of the said

solony within the boundaries of location

into convenient Electoral Districts, and for

appointing and declaring the number of

Members to be elected for each such district,

md for the compilation and revision of lists

-f all persons qualified to vote at the

?lections to be holden within such districts,

nnd for tho appointing of returning officers,

Hid for tho issuing, executing, and returning

;ho necessary writs for such elections, and

'or taking the poll thereat, and for deter

mining tho validity of all disputed returns,

»nd othorwiso for ensuring the orderly,

affective, and impartial conduct of such

alections: Provided always, that the district

of Port Phillip and tho towns of Sydney

and. Melbourne shall be electoral districts ;

and that^ the district of Port Phillip shall

return at least five members, the town of

Sydney shall return, two members, and tho

town of Melbourne shall return ono member :

Provided also, that for the purposes of this

Act the boundary 'of the district of Port

Phillip on tho north and north-east shall be

a straight line drawn from Cape Howe to the

nearest source of tho River Murray, and

thence the. course of that river to the eastern

boundary of the province of South Australia;

Boundaries, of. Cities and Towns

. to lie nottlod by the Governor.,,

,, III.. And' be , it .ena'otod, That, for the

purpose of electing. thoir several Represen

tatives to the said Legislative Council, the

towns of Sydney and Melbourne, and such

other towns as shall be declared electoral

districts, shall be 'deemed -to bo bounded and

limitod in such mannor as tho Governor of

the colony of; Nexu South Wales, by procla

mation to ' be published .in the New South

Wales Government Gaxetle, or ' by letters'

patent .under the great seal of tho colony,

shall set'forth and describe ; and such parts

of any such town (if any) which shall, not

be included within the boundary' sot forth or

described in such proclamation or letters

patent, for the purposes of this Act, shall

be taken to be a part of the adjoining dis

trict, for the purpose of being represented

in the said Legislative CounciL -

Power to alter System of Repre

IV. And be it onactocl, That it shall' be

lawful for-the Governor and the said Legis

lative Council of tho colony of New South

Wales, by an Act or Acts to bo horoafitor

passed, to alter tho divisions and extent of

tho several districts and towns which shall

be represented in the Legislative Council,

and to establish new and other divisions of

tho same, and to alter the number of Mem

bers of the Council to bo chosen by the said

districts and towns respectively, and to in

crease tho whole number of tho Legislative

Council, and to alter and regulate the ap

pointment of returning officers in and for

the same, and make provision in such man

ner as they may deem expedient for the

issuing and return of writs for the election

of Members to servo in the said Legislative

Council, and the time and place for holding

such elections : Provided always, that such

number of tho additional Councillors as is

equal to one-third part of the whole increase,

or, if such increase shall not be exactly

divisible by three, such whole number as is

next greater than one-third of the wholo

increase, shull bo appointed by her Majesty,

and the remaining additional Members- of

tho Council shall bo elected by tho inha

bitants of the colony in like manner as the

elective members 'first constituted under

Qualification of Electors.

V. And be it enacted, That the Elec

tive Members shall bo chosen by tho votes

of the Electors, each of whom shall be either

in his own right seised of or entitled to an

estate of freehold in possession in lands or

tenements situate within the district for

which such vote is to be given, of the clear

value of two hundred pounds sterling money

at the least, above all charges and incum

branccs in any way affecting the same, or

a householder within such district occupying

a dwelling houso of the clear annual value

of twenty pounds sterling money at the

Periom disqualified to vote.

VI. And be it enacted, That no person

shall be entitled to vote at any such elec

tion as aforesaid unless he be of the full

ago of twenty-one yoars, and a natural-born

subject of the Queen, or shall havo beon

naturalized, or shall hold letters of doniza

tion, according to law ; and that no person

shall be entitled to vote at any such election

who shall have been attainted or convicted

of any treason, felony, or infamous offence

within any part of Her Majesty's dominions,

unless he shall have received a free pardon,

or ono conditional on not leaving the colony,

for such offence, or shall .have undergone

the sentence or punishment to which he

shall have beon adjudged for such offence.

Possession or Occupancy requliitr

to Qualification; as ai so, Payment

VII. And bo it enacted, That no person

shall be entitled to vote at any such elec

tion as aforesaid unless he shall have been

in possession of the estate, or in occu

pancy of the house, by reason of which he

is qualified to vote, for at least six calendar

months next bofore the date of tho writ of

such election, or, in caso a registration of

electors shall be established in the colony,

next before the last registration of electors

in the district ; nor shall any person be

entitled to vote nt any such election unless

at the time of such election or registration

of doctors (as tho case may be) he shall

have paid up all rates and taxes which shall

have become payable by him as owner in

respect of such estate, or as occupier in re

spect of such occupancy, except such as

shall havo becomo payable during three

calendar months next bofore such election

or registration respectively.

Qualification of Elective Member

' VIII. ' And bo it enactod, That no person

shall be capable of being elected a member

of the Legislative Council who shall not bo

of the full age of twenty-one years, and a

natural-born subject of the Queen, or na

turalized by law, or who shall not be legally

or .equitably seised of an estate of freehold,

for his own use and benefit, in lands and

tenement in J\ew South Wales of the yoarly

value of one hundred pounds sterling money,

or of the value of two thousand pounds

Bferling money, above all charges and in

cuinbrances affecting the same.

Declaration by Candidates.

IX. And be it enacted, That evorv candi

date at such election, before ho snail be

capable of boing elected, shall, if required

by any other candidate, or by any elector,

or by the returning officer, make the follow

' I, A. B., do declare and testify, That I

am duly seised at law or in equity of an

estate of freehold, for my own use and bene

fit, in lands or tenemoiits in the colony ot

New South Wales, of the yearly value of one

hundred pounds sterling money [or of the

value of two thousand pounds sterling

money, as the ease may be\ above all charges

and incumbrances affecting tho same; and

that I have not collusively or colourably

Dbtained a title to or becomo possessed of

the said lands and tenements, or any part

thereof, for the purpose of qualifying or en

abling me to bo returned a member of the

Legislative Council of the colony of New

Persons making false Declarations

liable to the Penalties pf Per

jury. : ???-?? --' : ?-''} ???/??' ?'?''

X. And be it enacted, That if any person

shall knowingly and wilfully make a false

declaration respecting his qualification as a

candidate at any election as aforesaid, such

person shall be deemed to be guilty of a

misdemeanor, and being thereof lawfully

convicted shall suffer the like pains and

penalties as by law aro incurred in New

South Wales by persons guilty of wilful and

Writ for new Election in case, of

XI. And bo it enacted, That whonevor it

shall bo established, to tho satisfaction of

tho Governor of tho said colony, that thb:

seat of any eloctivo member of the Legisla

tive Council hath become vacant, the Go.

vernor, unless other provision in that bo

half be mado by the Govornor of the Legis

lative Council, as herein-before provided,

shall forthwith issue a writ for tho eloction

of a member to serve in the place ao ra

cated, during the remainder of the term of

the continuance of the said Council, and'no

Appointment of Part of t lie Council.

XII. And bo it enactod, ,/Th'at it shall bo

lawful for -her Majesty, by any warrant or

warrants to be from time to time issued undor

herrMajoBty's Sign Manual, , and countor

^signed, bygone.- .of her Majesty's Principal

Secretaries of State, to nominate such par

of '-the said Council as according to this Act'

is to be appointed by her Majesty, and to de

signate such . non-elective Members - of the

said Council either by-thoir proper names,

or as holders for the timo-being of any pub

lic officos within ' the 'said colony ; and it

shall also be lawful for her Majesty, by any

such warrant or warrants, from time to time

to delegate to the Governor of the said

colony tho power , of nominating and desig

nating such non-olectivo . mombers of the

said Council,' either by their proper names,

or as holders for the time-being of any such

public ( offices as aforesaid, which delegated

power shall nevertheless be exercised by any

such Governor provisionally only, and until

her Majesty's pleasuro shall be known, and

shall not be exorcised until the return of tho

writs for the eloction of. all the elective

mombers : Pr ovidod always, that not more

than half tho number of such non-elective

mombors shall hold any office of. emolument

under the Crown within tho said colony.

XIII. And 1)0 it enacted. That every

appointment which shall be made by the

Govornor of any non-elective Member of

the said Legislative Couucil shall be mado

by letters patent to be for that;. purpose

issued undor the 'public seal of the said

Tenure of Office of Non-elective

XIV. And be it enacted, That every non

elective Member of the Legislative Council

of the Colony of iV-;u; South Wales, shall hold

his seat therein for five years front the day

of his appointment, or until the Council

shall be sooner dissolved, subject never

theless to the provisions hereinafter con

tained for vacating the same. ? : ?

Resignation of Legislative Coun

XV. And be it enaicted, That it shall bo

lawful for any, Member of the Legislative

Council of the Colony of New South Wales,

by writing under his hand addressed to tho

Governor, to resign his seat in the said

Legislative Council, and upon such resigna

tion tho seat of such Legislative Councillor

Causes by which Seat may be va_.

XVI. And be it enacted, That if any Le

gislative' Councillor of the Colony of New

South Wales shall 'for two successive sessions

of the Legislature of the said colony fail to

give his attendance in the said Legislative

Council, without the permission of Her Ma

jesty or of the Governor of the said colony,

signified by the said Govornor to the Legis

lative Council, or shall take any oath or

make any declaration or acknowledgment of

allegiance, obedience, or adherence to any

foreign prince or powor, or shall do, concur

in, or adopt any Act whereby he may be

come a subject or citizen of any foreign state

or power, or shall become bankrupt, or take

the benefit of any law relating to insolvent

debtors, or become a public defaulter, or be

attainted of treason, or be convicted of

felony or any infamous crime, or shall become

non compos mentis, his seat in such Council

shall thereby become jacant.

Vacation' of the Seat of Official

XVII. And be it enacted, That if any

person who shall havo been designated as

a non-elective Member of the Legislative

Council as the holder of a public .office shall

cease , to hold such office,' his seat in the

Council shall thereupon become vacant.

Trial of Questions of Vacancy.

. XVIII. And be it enactod, That any

question which shall arise respecting any

vacancy in the Legislative Council of the

Colony of New South Wales, on occasion of

any of the matters aforesaid, shall bo heard

and determined by the said Legislative

Council, on such questions being referred to

them for that purpose by the Governor of

the said colony, and not otherwise.

Vaoancy among appointed Mem*

bers of Council, how supplied.

XIX. And be it enacted, That in case of

the vacancy of tho seat of any non-elective

Member of the said Council who shall have

been designated as the holder of a public

office, the seat shall continue vacant until

tho appointment of another person to fill

the same office, and in the case of the

vacancy of the seat of any non-elective

Member of tho said Council, who shall have

been so designated by his proper namo, it

shall be lawful for tho Governor of the said

colony to designate by name and appoint

some person to succeed to the place in the

said Council of the Member so vacating his

seat, which appointment shall be valid and

effectual until the same shall be disallowed

by Her Majesty, or until a new appointment,

made by a warrant to be issued as aforesaid

under Her Majesty's Sign Manual, and

countersigned by one of Her Majesty's

principal Secretaries of State ; and in case

any such appointment shall be simply dis

allowed by Her Majesty, tne Uovornor shall

make a new appointment, subject as afore

said to Her Majesty's approval ; and evory

such appointment, disallowance, ' and now

appointment shall take offoct from the time

of the notification thereof by the Governor

in the New South Wales Government Ga

Place and times of holding Coun

-XX. And be it onactod, That it shall be

lawful for the Governor of the said colony

for the time being to fix such place or places

within any part of the said colony, and such

times for holdine the first and every other

session of the said Council, as he may think

fit, such times and places to be afterwards

changed or varied as tho Governor may

judge advisable and most consistent with

general convenience and the public welfare,

giving sufficient notice thereof, and also to

prorogue the said Council from time to time,

and dissolve the same by ' proclamation or

otherwise, whenever he shall deem it ex

XXI. And be it enacted, That there shall

bo a session of the said Council once at least

in every year, so that a period of twelve

calendar months shall not interveno between

tho last sitting of the Council in one session

and the first sitting of the Council in the

noxt session, and that every Council shall

continue for five years from the day of the

return of the writs for choosing the same,

and no longer, subject nevertheless to be

sooner prorogued or dissolved by the Gover

First calling together of the

, XXII. And be it enacted, That the first

writs for tho election of Members of the said

Council shall issue at some period not later

than twelve calendar months after the pro

clamation of this Act within tho said

XXIII. And be it enacted, that the said

Legislative Council shall at its first meeting,

and before proceeding to the despatch of

any other business, elect some one Member

of such Council to bo the Speaker thereof,

and as often as the place of the said Speaker

shall become vacant by the death, resigna

tion, or removal by a vote of the said Coun

cil, shall again olect some other Mombor to

be Speaker thereof, and the Speaker so

elected Bhall preside at all Meetings of the

said Council : Provided nevertheless, that

it shall bo lawful for tho Governor for the

time boing of tho said colony to disallow tho(

choice of any such Speaker, and upon such

disallowanco being signified by tho Baid Go

vernor to the Legislative Council such ap

pointment shall bocome and be absolutely

null and void, and tho Baid Legislative

Council shall forthwith proceed to the choice

of 'some other Member of the same to bo

Speaker thereof, and so from .time to time

until the choice of a Speaker who shall be

allowed by the Govornor for the time being. ,

Number necessarily present for

Trnnsacton of Business. , ,

XXIV. And be it enacted, That the said

Legislative Council shall not be competent

to tho despatch of business unless there bo

present, exclusive of the Speaker, one-third

jarfc at loast of the Members of the said

Council ; and that all questions which shall

arise in the said Council shall bo decided by

the majority of votes of those Members of

the Council who shall bo present other than

the Speaker,, and in all cases where tho

votes shall be equal tho Speaker shall have

a casting vote. , -,,,.. j

Members to take the Oa t h;bf, A.lle«

''.'','? glance. ? ' ' ,,,? ,. ,t

XXV.. And be it enacted, That no.Mbni

ber, of tho said Legislative Council shall bo

permitted to sit or voto thoroin until he shall

iave taken and subscribed tho following

oath before' tho Governor of the said colony,

or before some person or persons authorised

by such Govornor to administer such oath :

' I, A. B., do sincerely promise and swear.

That I will bo faithful and boar true allo- .

g'iance to her Majosty Queen Victoria as

lawful Sovereign of the United Kingdom

of Great Britain and Ireland, and of this .

Colony of New South Walos, dependent oii

and belonging to the said United King

dom ; and that I will defend her, to tho

utmost of my power, against all traitorous

conspiracies and attempts whatever which

shall be made against her porson, crown,

and dignity ; and that I will do my utmost

endeavour to disclose nnd make known to

her Majesty, her heirs and successors, all

treasons and traitorous conspiracies and

attempts' which I shall know to bo against

her or any of them ; and all this I do

swear without any equivocation, mental

evasion, or secret reservation, and renounc

ing all pardons and dispensations from any

person or persons whatever to tho contrary.

XXVI. And be it declared and enacted, .

That every person authorised by law to

make an affirmation instead of taking an

oath may make such affirmation in evory

case in which an oath is hereinbefore re

quired to be taken. . . ?

Standing Orders to be adopted*

XXVII. And be it enacted, That the

said Council at its first meeting, and from

time to time afterwards as there shall bo

occasion, shall prepare and adopt such,

standing rules and ordors as shall appear to

the said Council best adapted for the orderly

conduct of the business of such Council,

which rules and orders shall by such Coun

cil be laid before the Governor of the colony

and being by him approved, shall become

binding and in force, subject nevertheless to

the confirmation or disallowance of- her

Majesty in manner hereinafter provided,

respecting the ordinances to be made by the

Govornor and Council of the said Colony.

Re-election and Re-sppnlntment

XXVIII. And be it enacted, That upon

any dissolution or other determination of

the said Council it shall be lawful for. tho

Governor of the said colony to issue now

writs for the general election of- elective

mombers to serve in the Legislative Council '; i

and after the return of such writs it Bhall bo

lawful for tho Governor, in the name and

pit the behalf of her Majesty, to nominato

and appoint the fion-eloctive Members to

serve in the Legislative Council, which ap

pointments shall be valid and effectual until

the same shall be disallowed by her Majesty,

or until new appointments made by a war

rant or warrants to be issued under her

Majesty's Sign Manual, and countersigned

by one of her Majesty's Principal Secre

taries of State, which new appointments

shall be taken as a disallowance of ; the

appointments by the Governor in respect of

which they are made : and in case any such

appointment by the Governor shall bo sim

ply disallowed by hor Majesty, the Governor

shall make a new appointment, subject as

aforesaid to be disallowed by her Majesty ;

and every such appointment, disallowanco,

and new appointment shall take effect front

the time of the notification thereof by tho

Governor in the New South Wales Govern*

Governor and Legislative Council

authorised to make Laws. - , ,

XXIX. And be it enacted, That tho Go

vernor of the said Colony of New South

Wales, with the advice and consent of tho

said Legislative Council, shall have autho

rity to make laws for the peace, welfare,

and good government of the said colony :

Provided always, that no such ' law shall bo,

repugnant to the law of England, or inter-,

fere in any manner with the sale or other

appropriation of the lands belonging to tho

Crown within the said colony, or with tho

Governor may propose Law* and

Amendments, and may return

XXX. And be it enactod, That it shall

be* lawful for the Governor of the said Co

lony of New South Wales, to transmit to the

said Council for its consideration the drafts

of any such laws which it may appear to

such Governor desirable to introduce, and

any amendments which he Bhall desire to bo

made in any bill presented to him for her

Majesty's assent, and such proposed laws

shall thereupon be considered by the Coun

cil in like manner as if the same were Bills

which had originated therein ; and it shall

be lawful for the Council to return any Bill

in which the Governor shall, have so made,

any amendments, with a message signifying,

to which of the amendments the Council,

agree, and those to which they disagree,

and thereupon the Bill shall be taken to be

presented for her Majesty's assent, with tho;

amendments so agreed to. . ? .

Giving or with holding Assent to

XXXI. And be it enacted, that every;

Bill which has been passed by the said Coun-'

cil, and also every law proposed by the

Governor, which shall have been passed by .

the. said Council, whether with or without

amendments, shall be presented for hor

Majesty's assent to the Governor of the said

colony, and that the Governor shall

declare according to his discretion, but sub

ject nevertheless to the provisions contained -

in this Act, and to such instructions as may ;

from time to time be given in that behalf

by her Majesty, her heirs or successors, that

he assents to such Bill in her Majesty's

name, or that he withholds her Majesty's

assent, or that he reserves suph Bill for the

signification of her Majesty's pleasuro

thereon ; and all Bills altering or affecting -

tho divisions and extent of the several dis- .

tricts and towns which shall be represented

in tho Legislative Council, or establishing

new and other divisions . of the same, or

altering the number of the Members of tho

Council to be. chosen by thu said districts .

and towns respectively, or increasing tho

whole number of the Legislative Council,

or altering tho salaries of the Governor,

Superintendent,, or Judges, or any of '

them, and also all Bills altering or affecting

the duties of customs upon any goods, wares ~

or merchandise imported to, or exported

from the said colony, Bhall in evory case bo

so roserved, except such Bills for temporary :

laws us the Govornor Bhall expressly declu.ro

necessary to bo forthwith assented to by

rea;on of some public and pressing emer

gency. ? ??-..?-.-. ',- -.,. ; , ..,:'??

(Fbr conclusion sec last page. J

NEW SOUTH WALES ACT.
\. (Continued fnivi the other .side.. ) ?
Disallowance of IJiU a assented to.
XXXII. And lie it enncted, Thai
whenever any Bill \\!)ii;h siiiill have been
presented for Her Majesty's assent to'
the Governor of the said colony shall ,I»y .
Biieli Governor hnvc been assented to in
Her MnjoBtj 'a. name, the Governor sliall
bjr.ihe first convenient opportunity trans
mit to one of . Her Majesty's principal
Secretaries of State, an authentic copy
of Buch. Bill so aspentrd to ; and: that, it
Bhall be lawful, at any time within t-va
years after Btieh Bill shall have been eo
received by the Secretary of State, for
Her' Majesty, by order* in council, to
declare Itor. disallowance of sncli Bill;
and that such disallowance together with
a certificate under tlio hand and seal of
ill© Secretary of Stale, certifying the day
on .which such Bill was received as
aforesaid, being signified by the Gover
nor to the Legislative Council of tlie said
colony, by speech or message to the said
council,, or by proclamation in the Ntrv
South Wales Government Gazette, shall
make void and annul the same from and
after the day of .such signification.
? Aiiient to Bllli reierted.
' XXXI JI. And be it 'enacted, That
no Bill which shall be so reserved for
the signification of Her Majesty's plea
sure thereon shall liave any force or
authority within the Colony of New
'South Wales until the Governor of the
paid colony shall signify, either by speech
or message to the Legislative Council
of the said colony,' or hy proclamation,
as aforesaid, that such Bill has been laid
before Her Majesty in council, and that
Her .Majesty htis- been pleased to assent
to the same ; and that an entry shall be
made in the Journals of the said Legis
lative Council of every such speech,
message or. proclamation, and a dupli
cate thereof, duly attested, shall be de
livered to the Registrar of the Supreme
Court, or-other proper officer, to be kept
among the. records of the said colony ;
and that no Bill which shall be bo re
eerved as aforesaid shrll have any force
or authority, in the » id colony unless
.He- Majesty's assent thereto shall have
leen so signified as aforesaid within the
?space of two years from the day on
.which such Bill shall 'have been pre
sented for Her Majesty's assent to the
Governor as aforesaid. - -
Appropriation of Taxes and
. . Datitt.
XXXIV. And be it enacted, That
with the deductions and subject to the
-provisions' hereinafter contained, tlie
?whole -of Her Majesty's revenue within
the^ said colony, arising from taxes,
duties, rates, and imposts levied on
Her Majesty's subjects within the said
colony; shall be appropriated to the
public service within the said colony,' by
ordinances to be for that purpose enacted
!by the Governor, with the advice and
consent of the Legislative Council of the
said colony, and in no other manner :
Provided always, that it shall not be
lawful for the said council to pass, or
for the said Governor to absent to, any
Bill appropriating to the public service
any sunns or sum of money arising from
the sources aforesaid, unless the Gover
nor, on Her Majesty's i-elialf, shall first
have recommended to the Council to
make provision for. the specific public
service towards which such money is to
be appropriated. .
-Issue o£ Money under War
rant. ; '.
\ XXXV. And be it enacted, That no
part of Her Majesty'* revenue in the
said Colony, arising from the source's
aforesaid, shall be issued or shall be
made by any such law issuable, except
in pursuance of warrants under the hand
of the Governor of the Colony, directed
to the public treasurer thereof.
BiTenai to be charged with
tki Ezpenet «f Cotleotios
. ltd Hini|)nenl. ; ? ? ?? - -??
XXXVI. And be it enacted, That
the said Revenue of the Colony of New
South Wales shall be permanently
charged with all the costs, charges, and
expences incident to tho collection, «na
nagement, and receipt thereof, such
costs, charges end «xpei cs being sub
ject nevertheless to be regulated and
audited in. such manner «s shall be di
rected by any law of tlie Governor and
Legislative .Council.

Grants f«r Citll and Judicial
8 e'r * i eei. ? ' - . '
; XXXVI I. And be it enacted, .That,
out of the said, revenue fund there shall:
be payable every year to her Majesty/,
her heirs and successors, the sum of
thirty -three thousand pounds, for de
fraying the expenc's of the several ser
vices and purposes in the schedule;
marked (.A.) annexed to this Act, and a
further sum of eighteen thousand six
hundred pounds for defraying the ex
p'ences of the several services and pur
poses named in the schedule marked (B..)'
annexed to this Act, and a further sum
of thirty thousand pounds for defraying
the expences of the several services and
purpose's named in the schedule marked
(C.) annexed to this Act, the said sums
of thirty-three thousand pounds, eighteen
thousand six hundred pounds, and thirty
thousand pounds, to be issued by the
Treasurer of the said colony in' discharge
of such warrant or warrants as shall be
from time to time directed to him under'
the baud and seal ol the Governor ; and
the sa-d Treasurer shall account to her
Majesty for the same through the Lord,
High Treasurer. or the Commission* ri of
her Majesty's Treasury of the United,
Kingdom of Great Britain and ?!- elands
in such manner and form as her Majesty;
shall be graciously pleased to direct. ;;
How' t he Ap p rop ri a ti on ' 'o f
Sums granted maybe varied.'
XXXVI IT. And be it enacted, That,
until altered by any Bill 'passed by the
said Legislative Council, and nsaented to
by her Majesty, the salaries of the Go
vernor, 'fcuperinterident,. arid Judges
shall be those respectively set against
their several efficeB in the said, schedule
marked (A.); but that it shall: be lawful
for the Governor to; vary the: sums ap
propriated to any^ of the, services or pur
poses named in the said schedule (13 ) ;
and that the amount of saving \which,
inav accrue from any .such alterations in
either of the said schedules Bhall boap

propriated to such purposes connected,
with the ndn.inisiraiion of tlio govern
ment of tho said colony as to her Ma
jesty shall seem fit; and that accounts
in detail of the expenditure of the se
veral sums of thirty-three thousand
pounds, eighteen thousand six hundred
l-ounds, and thirty thousand pounds,
nerein-before granted, and of every part
thereof, shall be laid before the Legisla
tive Council of the said colony witliih
thirty days next after the beginning of
the Session after such expenditure shall
have been made.
Governor to intimate intended
Appropiiitlon of the sum of
18 , G 0 Oi.
XXXIX. And be it enacted, That
within thirty days after the beginning of
the first session of the. Legislative Coun
cil in each year the Governor shall make
known by message to the Legislative
Council the amount of the sums intended
to be appropriated out of the said sum
of eighteen thousand six hundred pounds
to the several services' and purposes
named in the same schedule (B.) for the
service of the year, then next ensuing.
Governor to conform to In.
? truest ion i. ?
. XL. And be it declared and enacted,
That it shall be lawful for Her Majesty,
witli the ad vice of II er Privy Council ; or
under.Hcr Majesty's Signet and Sign
Manuel, or through one of Her principal
Secretaries of. State, from lime to time to
convey to the Governor' of the said colouy
of New South Wales such instructions
as to Her Majesty shall seem meet, for
the guidance of such Governor, for the
exercise of the powers hereby vested in
him of assenting to or dissenting from or
for reserving for Jie signification of Her
Majesty's pleasure Bills to be passed by
the said Council, and it, shall be the
duty of such Governor to act in obe
dience to such instructions. . ~ -.
XLI. And whereas it is expedient that
provision be made for the local Govern
ment of the different parts of the said
colony ; be it enacted, That it shall be
lawful for the Governor; by Letters Pa
tent under the Great Seal of the colony
of Nero South Wales, to incorporate the
inhabitants of every county within the
said colony , or of such parts of comities
or other divisions at- to him shall seem
fit, to form districts for the purposes of
this Act, and by such several Letters
Patent to establish a Council in every
such district fur I lie. local Government
thereof, subject to the following provi
sions ; (ih.i« is -6 say,) it shall be pro
vided, v '
1. That every such District Council shall
be tiective, after the first nomination
thereof, as herein-after mentioned,
the flections being made in the se
veral districts or other fit divisions,
to be defined by the Charter, within
the district, so that, until further
provision be made in this behalf by
? the Governor and Legislative Coun
cil of the ?colony of New SovtJi
Walts, if the population in such
district, according to the last Census
taken before the Charter, be less
than seve'h thousand souls, the num
?ber of Councillors for such District
sludi not be more than nine ; if the
population be seven thousand and
less than ten thousand, the. number
. of Councillors, shall, not be more
.than twelve; if the population be
4en, thousand and less than twenty -
1 ? thousand, the number of Councillor's
shall not be more than fifteen ; if the
; population be twenty thousand and
?upwards, the number of Councillors.
. shall not be more than twenty-one.
2. That, until further provision be made
in this behalf by the Governor and
Legislative Council of the colony of
New South Wales, the district
- Councillors shall be persons quali
fied to be elected Members of the Le
gislative Council, and shall beelecMd
tbsuchoflBce by the persons qualified
to vote in the election of Members
of the Legislative Council within
-the District in which the -election is
made :
3. That no district councillor shall hold
any lucrative office or appointment
under such district council, or
enter into or be concerned or inter
ested in any contract or any pecu
niary dealings with such district
. council, under a penalty or penal
ties to be fixed in such letters pa
' tent of incorporation .:
4. That no district councillor «haH con
tinue in office for more than three
?years, unless re-elected.:
5. That the district council shall be pre
sided over by a Warden, to be ap
? ?pointed and be removable by Her
Majesty, or by the Governor in the
'name of 'Her Majesty :
.6. That a District Surveyor wlio shall
?have passed ah examination before
?a competent itribunal, approved by
-4he Governor, shall be appointed in
each district ' for superintending the
construction of -road 9 and other
public works undertaken by au
thority of the district -councK : arid
that the District Surveyor and all
' other officers needed for the exer
? cisa of the powers of the district
. council shall be appointed and be
removable by the district council,
subject to the approval of the Go
. yemorj-. ?;?..-'-. ' ? ?: ?'? ? ,? -.' - ? ..
7. That accounts r in detail of all monies
, - -.-? .expended in every'year by or under
i ' the authority of the district couri
j ?-; cils'; be laid before ? tlie l Governor,
' and otherwise published in such
. , manner 'as may be' directed by 'the
i - charter, or provided -by. -any la'w'of
' : the 'Governor and' Legislative' Coun
cil' of the Colony Of New South
Wa/es- - -???? ? ?-? _ ;|-
For what' p.u.r.p oi e i . t he Council
:* . di; make Bye Lion
. XLII. And be it enacted. That it shall.
be lawful for each of the said Councils
in the said districts respectively to make
Orders and 'Bye Laws for all or any of
the following purposes ; (that i* to say,)'
For making, maintaining,, or improving'
, . any new or existing road, streetj
bridge, or other convenient commu
; ...-; nioation .and means of passage
through the district, or for stopping
?? up, altering, or' diverting any road,
??'? street, or communication within the
limits of the district :
For building, -repairing, and furnishing
public buildings :'

For the purchase of such real andper
serial, property situate Within the
district, as shall be required, in the
opinion, of the Council, for 'the use
of the inhabitants thereof :,* ,-
For the sale of such part of the real and
' personal property belonging to the
' district as shall have ceased, in the
opinion of the Cduncil, toVbe useful
to the inhabitants.
For tlie management of all property be
longing to the. district :
For providing the means , of defraying
such expences of or connected with
the administration of justice and police
within the district as are or shall be
herein-after by law directed to:bo do
frayed by the district, or but of the
district funds :
For providing for the establishment and
support of schools :
For/raising, afseasing, levying, and ap
propriating such monies as shall be
required for the purpose of carrying
into effect all or any of the objects for
which the said district councils re
spectively shall be empowered to make
; orders and bye laws, which monies
shall be raised, either by means of
tolls to be paid in. respect of any public
work within the district, or by means
of rates and assessments to be assessed
'-: and levied on real or personal pro
perty, or both, within the district, or
' in respect of such. -property upon the
' owners and occupiers thereof:
For the collecting, and accounting for all
tolls,, rates, and assessments imposed
. or raised under the authority of any
such Council, and of the revenues be
longing to the district:
For imposing and determining reasonable
penalties to be recovered from such
persons as, having been elected to
offices as herein before provided, Bhall
refuse to serve' the same, or refuse or
neglect to take and subscribe such
oaths of office as shall by. law be re
quired to be taken by such officers
respectively:
For determining the amount and time of
payment of all salaries or other remu
neration of district officers to be np
. pointed under the authority of this
??' Act. ' ' ???? ? '??*.'? '?.-.'?
For providing for any other, matters
which shall be specially subjected to
the direction and controul ol the said
district councils respectively by any
law of the Governor and Legislative
Council of the colony :
Provided always, that no such bye law
shall impose any punishment of impri
sonment, or any penalty exceeding ten
pounds. ? .
No Tax to be laid, on Property
be Ion g i ng to the Crown..
XL1II. Provided always, and be it
enacted, That it shall not be lawful for
any such district council as aforesaid to1
levy any rate or assessment whatever on
any lands or tenements, goods or
chattels, real or personal estates, belong
ing to her Majesty, her heirs and suc
cessors. ?
Ttiaimliiion of B ye . La w ? of
District Councils to, the Go
» e r no r , for A. i s e n t . ,
XLI V. And be it enacted. That a
copy of every bye law made by any dis
trict council under the authority of this
Act shall be transmitted by the Warden
of the district, within fourteen days after
the making'therebf, to the Governor of
the colony of New SoutJi Wales ; and
it shall be lawful for the said Governor,
with the advice of his Executive Council,
at any time within two calendar months
after the receipt of such copy, to dis
allow such bye law, and such disallow
ance shall without delay be signified to
tho warden of the district where such
bye law shall have been passed, and
thenceforward .such bye law shall be
void and of no effect ; and no such bye
law shall have effect until the expiration
of the said period of two calendar months,
unless the said Governor shall have given
his assent thereto before the expiration of
that period.
Provision far f ? r t h e r D e f i
nit ion of Powers of District
C ODDOili. .
XLV. And be it enacted, That, sub
ject to tlie provisions herein contained,
it Bhall be lawful for the said Governor
to specify in writing, and by the said
several Charters of Incorporation, the
metes and bounds of the said several
districts, and the number of Councillors
which shall he for every district, and the
time and manner of their election, and
to.iiz the qualification of the Coun
cillors, and to nominate, among the
persons qualified to vote in the election
of councillors, the councillors, being
duly qualified, who shall form the first
Council in every such district, and to
appoint the order and manner in which
they shall go put of office, and to fix
penalties for qualified persons refusing to
take office in the Council, and to make
all other necessary provisions for estab
Helling such district council*, for de
fining their powers, and enabling thorn
to exercise their functions : Provided
always, that, notwithstanding anysuch
Charter, it shall be^lawful'fbr the Go
vernor ' and Legislative Council of the.
colony of New South Wales to make;
further or other provisions respecting tho
Constitution of the said councils, and to
extend or limit the. powers of such coun
cils in any way which may be found ex
pedient, so that it be not repugnant to
this Actorto the law of England, and
to alter the numbers and boundaries of
the d istrio ts, arid to establ ish a cou ncil .
m 'each pfsuch1 new districts. ... .,.;:
I'f ino i.:E lection, G o t« r n er ' 'to
i - ' ? appoint. ? '. ?'?'???'' :'?-'?-??'?'??''
] -' XLVI. 'And be it enacted, That in
every case of vacancy of the office of
district Councillor ifa newelectibn shall
not be made Withi n tlie time prescri bed by
tlie Charter of Incorporation, or.rbyany
law. of the Governor' and Legislative'
Council of the colony respecting the Con
stitution of suoh district council, the Go
vernor shall 'nominate a 'person' duly
qualified to' fill tliel vacancy. ' *. , V
'. _ Pol ie'e ... E x-p e n d i t-u r e . ,
XLVII. And be it enacted, That one
half of the expence of the police estab
lishment of the said -colony (exclusive of
the convict establishment) shall be de
frayed out of thTgeneral revenueariBing
from taxes, duties, rates, ; and imposts
within tho said colony, arid the other
half shall be defrajed ! by -assessment
upon the several districts of the colony,
_ .-% . , . . j. ? ? ? - ...'?-?* -: - - ????-- ' ??- -

in such proportions ae shall be from time
to time fixed by the Governor and Le
gislative Council ; and as soon, as any
Bill shall have passed the Legislative
Council, and shall have been assented to
by.the'Governor, for appropriating any
sum to the service of the police for .the
year then next ensuing, and for appor
tioning an equal Bum among the several
districts of the said colony, : it shall be
lawful for the Governor to issue warrants
under his hand, directed to the treasurers
of the several district councils, requiring
them within two calendar months from
the receipt of the warrant to- pay an
amount equal to the sum assessed upon
that disirictto such person as the Go
vernor shall appoint to receive the same,
outof any monies in their hands belong
ing to the district. t -
'Assessments to be.levied by local
Rate. v
XLVIII. And be it enacted, That the
Treasurer of each District Council to
whom any such warrant shall come shall
pay the amount mentioned in the warrant
out of any monies in his hands belonging
to the district, or if there be no monies
or an insufficient sum in his hands, the
district council shall assess and levy
the amount by a fair and equal rate upon
all property within the district, which
the Legislative Council, or, until a bill
for that purpose shall have been passed
by the Legislative Council, arid assented
to by the 'Governor, with the advice of
his Executive Council, shall declare to
be liable thereunto. .
Power of Distress and Sale.
XLIX. And be it enacted, That if the
aniount ordered' by such warrant to be
paid by the Treasurer of any district shall
not' be paid, within two calendar months
after the receipt of the warrant, to such
person as the Governor shall appoint to
receive the same, it shall be lawful for
the public Treasurer of the said colony,
or other proper officer appointed by the
Governor for such purpose, to issue his
warrant for levying the amount, or so
much thereof as Bhall be in arrear, with
all costs and charges of such proceeding,
by distress and sale of the goods of the
said Treasurer of the district, and of all
or any of the members of the said district
council, and if no sufficient distress can
be thereby made, then by distress and
sale of the goods of any of the inhabitants
of the said district.
A. mount t o be' e x pen d e d for Dii.
Iricl Police by the G o v e r -
n or .?'?.'.? .'..,?
. ' L. And be it enacted, That the amount
so contributed from each district, and an
equal sum out of the amount appro
priated out of the general revenue for the
?eryice of the police, .shall be expended
for the service of police in that district,
under the direction of the Governor ; and
the surplus, if any, remaining over and
above the expenditure in each year/shall
be carried forward in diminution of the
charge for the next year.
P rp v ia'i o n for C onatitution.ol
_ ., ' ''. .new C o 1 o n i e s.
LI. And whereas the said' colony ol
Nerv South Wales is of great extent,
and it may be fit that the territories now
comprised within the said colony should
be divided into, separate colonies, and
provision should be made for the tem
porary administration of the Government
of any such newly erected colony as, not
being comprised within the limits herein
after nientioned, may not possess a suffi
cient population for the immediate estab
lishment therein of the form of Govern
ment herein-before provided ; be it there
fore enacted. That, any thing herein
before contained to the contrary not
withstanding, it shall be lawful for Her
Majesty, by letters patent, to be from
time to time issued under the Great Seal
of the United Kingdom of Great Britain
and Ireland, to define, as to Her Ma
jesty shall seem meet, the limits of the
colony of New S^uth Wales, and to
eiect into a separate colony or colonies
any territories which now are, or are
teputed to he, or hereafter may be com
prised within the said colony of New
South Wales : Provided always, that no
Part of the territories lying southward of
the twenty-sixth degree of south latitude
in the said colony of - em South WaLs
shall by any such letters patent as afore
said be detached from the said colony.
Form of Government In laj
eueh new Colony.
- LII. And be it enacted, That in case
Her Majesty shall, by any such letters
patent as aforesaid, establish any such
new colony or colonies as aforesaid, it
shall be lawful for Her Majesty, by any
such letters patent, to anthorize any
number of {persons not less than seven,
including the Governor or Lieutenant
Governor of any such new colony or
colonies, to constitute a Legislative
Council or Legislative Councils for the
same; and that every such Legislative
Council shall be composed of such per
sons as shall from time to time be named
ur designated by* Her Majesty for that
purpose, and shall hold their places
therein at Her Majesty's pleasure; and
that it shall be lawful for such Legisla
tive Council to make and ordain all such
ordinances as may be required 'for the
peace, order, and good government of
any such colony as aforesaid, for which
such legislative Council may be so ap
pointed; and that iii the making all
such ordinances the laid Legislative
Council shall conform to and observe all
Isuch instructions as Her Majesty, with
! the advice of Her Privy Council, shall
from time! to time make for their guidance
therein: Provided always, that no such
instructions, and that no such ordinances
as aforesaid, shall be repugnant to the
Aa.vi.oT Eng'and, but consistent there
with, so far as the circumstances of any
(such colony may adniit : Provided also,
that all such ordinances'shair be subject
jto'Her Majesty's, confirmation or disul
?lowaivce, in such manner and according
Ho such regiila'tions^as' Her- Majesty, by
iany fHch instructions: as'afbresaid, shall
{from time to- time -see fit toprescribe :
'Provided also, that all instructions which
(shall ' in pursuance hereof be made by
!Her Majesty, with the advice of Her
1 Privy 'Council, and that all ordinances
which shall be made in pursuance hereof
-by any such Legislative Council of nny
isuch newly-erected colony as last afore
'said, shall be laid before both Houses of
^Parliament within one calendar month
ifronvthe idate of 'any such instructions,
ior-from tlio arrival -in this* Kingdom of
?the transcripts of anysuch ordinances; if
'Parliament shall then be sitting, of if not

not, then within one calendar month from
the commencement of the- next ensuing
Session of Parliament.
Rep eal ing .Par t 'a n d o on t i n u
ing' other Parts of 9G.4.C.
83. ri continued by 6 and 7
W. 4'. o. 4 6.; 7 W. 4. and 1 Viet,
o. 4 2.) 1 end 2 Vlot. o. 5 0.;
2 and 3 Tiet. 0.-70.; and by
3 and 4 Viet. b. 62.
LI II. And whereas an Act was passed
in the ninth year of the reign of his
late Majesty King Oeorgt the Fourth,
intituled An Act -to -provide for the
A dministration - of Justice in New
Wales South; and Van Diemeri's Land,
and for the more effectual Qovern~
merit thereof, and for other pur
l)oses relating thereto, which Act was
continued by three Acts passed succes
sively in the seventh- year of the reign of
his late Majesty, in the first and in the
second years of the reign of her Majesty,
and was afterwards continued, with
amendments, by two Acts passed in the
third and in the fourth years of the reign
of her Majesty: And whereas so much
of the said first- recited Act as relates to
the constitution of a Council in New
South Wales will be superseded by this
Act ; be it enacted, That so much of the
said Acts or any of them as. relates to the
constitution, appointment, and powers
of a Council in J!V-nr South -Wales,
therein mentioned, Bhall continue until
the first Writs shall issue for the Election
of Al embers of the Legislative Council
under this ? Act, and from and after the
issue of such writs shall1 be repealed, and
that, subject to the provision, herein-after
contained, the other parts of the said re
cited Acts which , but for the passing of this
Act, would expire at theend of this session
of Parliament, shall become permanent,
both with respect to the said colony of
Neiv South Wales and the said colony
of Van Diemm's Land : Provided al
ways, that nothing herein contained shall
extend or be construed to extend to re
peal or abrogate any law or ordinance
ma.de in pursuance of the said recited
Acts or any of them, but that every such
law or ordinance shall hereafter be as
valid and effectual as if every part of the
said recited Acts had been hereby made
permanent : Provided also, that it shall
be lawful for the Governor and Legisla
tive Council of the said colony, in exer
cise of the powers to them respectively
granted 'by this present Act, and in the
manner and subject to the rules 'herein-
before prescribed; to repeal, vary or alter
all or any part of the said recited Acts
or any' of them, or arty law or ordinance
made in pursuance thereof.
Interpretation of 'Governor.'*
' L1V. And be it enacted, That by the
word ' Governor,' as employed in this
Act, shall be understood the person for
the time being lawfully administering the
Government of the said colony of New
South Wales.
Commencement of Act. .
XV. And be it enacted, That this Act
shall be proclaimed by the Governor of
Neiv South Wales within six weeks after
a copy of. it shall have been received by
him, and shall take effect within the said
colony from the day of the proclamation
thereof.
Act may be .. amended or repealed.
LVI. And be it enacted, That this Act
may be amended or repealed by any Act
to be passed in this session of Parliament.
Schedultt vferred to in tlie foregoing
Act.
SCHEDULE (A.) £.
Governor ?.............«?? ,5,000
Superintendent at Port Phillip. 1,500
Chief Justice. .............. 2,000
Three Puiane Judges ........ 4,500
salaries of the Attorney and So
licitor General, Crown Soli
citors, and contingent and
miscellaneous Expenses of
Administration of Justice
throughout the Colony. .... 20,000
£33,000
'fiCIlEDUL'E (B.)
Colonial Secretary and his De- £
partment ............ .... 7,000
Colonial Treasurer and his De
partment i ? 5,000
Auditor General arid 'bis De
partment .' ? 3,000
Salary of Clerk, and miscella
neous Expenses of Executive
Council .................. 600
Pensions ... . . ......... .. .. 3,000
£1B:6OO
«CIIEDUtE (C.)
Public AVorsliip . . .,. ... ....... .' £ 30.000
SALES 'BY AUCTION.