Portions so separated may be erected into separate Colonies. Commencement of the Act. Interpretation of Terms. Recital of 32d New South Wales Government. Colony any Portions of Electoral Districts, the remaining Portions not separated shall continue to return to the said Assembly the same Number of Members as if no such Separation had taken place, until the Legislature of New South Wales shall otherwise provide; and the said Assembly shall retain, so far as concerns the Colony of New South Wales as constituted after such Separation, all the Powers and Functions vested in it, though it may not thereafter consist of the same Number of Members as before. VII. 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 erect into a separate Colony or Colonies any Territories which may be separated from New South Wales by such Alteration as aforesaid of the Northern Boundary thereof; and in and by such Letters Patent or by Order in Council to make Provision for the Government of any such Colony, and for the Establishment of a Legislature therein, in manner as nearly resembling the Form of Government and Legislature which shall be at such Time established in New South Wales as the Circumstances of such Colony will allow; and full Power shall be given in and by such Letters Patent or Order in Council to the Legislature of the said Colony to make further Provision in that Behalf. VIII. This Act shall be proclaimed in New South Wales by the Governor thereof, within One Month after a Copy thereof shall have been received by such Governor, and this Act and the said reserved Bill, as amended as aforesaid (such Bill being first assented to by Her Majesty in Council), shall take effect in the said Colony from the Day of such Proclamation. IX. In the Construction of this Act the Term "Governor" shall mean the Person for the Time being lawfully administering the Government of New South Wales; and the Word "Legislature shall include as well the Legislature to be constituted under the said reserved Bill and this Act, as any future Legislature which may be established in the said Colony under the Powers in the said reserved Bill and this Act contained. SCHEDULES to which this Act refers. ANNO DECIMO SEPTIMO VICTORIA REGINÆ. By His Excellency Sir Charles Augustus Fitzroy, Knight Companion of the Royal Hanoverian Guelphic Order, Governor General of all Her Majesty's Australian Possessions, and Captain General and Governor-in-Chief of the Territory of New South Wales and its Dependencies, and Vice Admiral of the same, with the Advice and Consent of the Legislative Council. No. XLI. An Act to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty. WHEREAS by the Thirty-second Clause of the Imperial Act 13 & 14 Vict. c. 3p. passed in the Session holden in the Thirteenth and Fourteenth Years New South Wales Government. Years of the Reign of Her present Majesty, intituled "An Act for "the better Government of Her Majesty's Australian Colonies," it was among other things enacted, that, notwithstanding anything therein-before contained, it should be lawful for the Governor and Legislative Council of this Colony, from Time to Time, by any Act or Acts, to alter the Provisions or Laws for the Time being in force under the said Imperial Act or otherwise, concerning the Election of the Elective Members of such Legislative Council, and the Qualification of Electors and Elective Members, or to establish in the said Colony, instead of the Legislative Council, a Council and a House of Representatives, or other separate Legislative Houses, to consist of such Members, to be appointed or elected by such Person and in such Manner, as by such Act or Acts should be determined, and to vest in such Council and House of Representatives, or other separate Legislative Houses, the Powers and Functions of the Legislative Council for which the same may be substituted: And whereas it is expedient that the Powers vested by the said Act in the said Governor and Legislative Council should be exercised, and that a Legislative Council and a Legislative Assembly, as constituted by this Act, should be substituted for the present Legislative Council, with the increased Powers and Functions herein-after contained: Be it therefore enacted by His Excellency the Governor of New South Wales, with the Advice and Consent of the Legislative Council thereof, as follows: New South Assent to Bills. I. There shall be, in place of the Legislative Council now sub- Parliament of sisting, One Legislative Council and One Legislative Assembly, Wes to be severally constituted and composed in the Manner herein- General Powers after prescribed; and within the said Colony of New South Wales ofthe Parliament. Her Majesty shall have Power, by and with the Advice and Consent of the said Council and Assembly, to make Laws for the Peace, Welfare, and good Government of the said Colony in all Cases whatsoever: Provided, that all Bills for appropriating any Part of the Public Revenue, for imposing any new Rate, Tax, or Impost, subject always to the Limitation contained in Clause Sixty-two of this Act, shall originate in the Legislative Assembly of the said Colony. Taxation and Ap propriation Bills to originate in Assembly. Legislative II. For the Purpose of composing the Legislative Council of Appointment of New South Wales, it shall be lawful for Her Majesty, before the Councillors. Time to be appointed for the First Meeting of the said Legislative Council and Assembly, by an Instrument under the Sign Manual, to authorize the Governor, with the Advice of the Executive Council, in Her Majesty's Name, by an Instrument or Instruments under the Great Seal of the said Colony, to summon to the said Legislative Council of the said Colony such Persons, being not fewer than Twenty-one, as the said Governor and Executive Council shall think fit; and it shall also be lawful for Her Majesty from Time to Time to authorize the Governor in like Manner to summon to the said Legislative Council such other Person or Persons as the said Governor and Executive Council shall think fit, and every Person who shall be so summoned shall thereby become a Member of the Legislative Council of the said Colony: Provided Tenure of Office of Councillors. Resignation of Vacating Seat by Trial of Questions of Vacancy. New South Wales Government. Provided always, that no Person shall be summoned to the said Legislative Council who shall not be of the full Age of Twentyone Years, and a natural-born Subject of Her Majesty, or naturalized by an Act of the Imperial Parliament, or by an Act of the Legislature of the said Colony: Provided also, that not less than Four Fifths of the Members so summoned to the Legislative Council shall consist of Persons not holding any Office of Emolument under the Crown, except Officers of Her Majesty's Sea and Land Forces on Full or Half Pay, or retired Officers on Pensions. III. The Members of the First Legislative Council of the said Colony who shall be so summoned by the Governor, with the Advice of the Executive Council, shall hold their respective Seats therein for Five Years from the Date of the First Summonses to the said Legislative Council; but all future Members of the said Legislative Council who shall be summoned thereto, after the Expiration of the said Five Years, by the Governor, with the Advice of the Executive Council as aforesaid, shall hold their Seats therein for the Term of their natural Lives, subject, nevertheless, to the Provisions herein-after contained for vacating the same, and for altering and amending the future Constitution of the said Colony as established by this Act. IV. It shall be lawful for any Member of the Legislative Council to resign his Seat therein by a Letter to the Governor, and upon the Receipt of any such Letter by the Governor the Seat of such Legislative Councillor shall become vacant. V. If any Legislative Councillor 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 Majesty or of the Governor of the Colony, signified by the said Governor to the Legislative Council, or shall take any Oath or make any Declaration or Acknowledgment of Allegiance, Obedience, or Adherence to any Foreign Prince or Power, or shall do, concur in, or adopt any Act whereby he may become a Subject or Citizen of any Foreign State or Power, or whereby he may become entitled to the Rights, Privileges, or Immunities of 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 Contractor or Defaulter, or be attainted of Treason, or be convicted of Felony or of any infamous Crime, his Seat in such Council shall thereby become vacant. VI. Any Question which shall arise respecting any Vacancy in the Legislative Council, on occasion of any of the Matters aforesaid, shall be referred by the Governor to the said Legislative Council, to be by the said Legislative Council heard and determined Provided always, that it shall be lawful either for the Person respecting whose Seat such Question shall have arisen, or for Her Majesty's Attorney General for the said Colony, on Her Majesty's Behalf, to appeal from the Determination of the said Council in such Case to Her Majesty, and that the Judgment of Her New South Wales Government. Her Majesty, given with the Advice of Her Privy Council, thereon shall be final and conclusive to all Intents and Purposes. President. VII. The Governor of the Colony shall have Power and Autho- Appointment of rity from Time to Time, by an Instrument under the Great Seal of the said Colony, to appoint One Member of the said Legislative Council to be President thereof, and to remove him and appoint President may take part in Deanother in his Stead; and it shall be at all Times lawful for the bates. said President to take part in any Debate or Discussion which may arise in the said Legislative Council. VIII. The Presence of at least One Third of the Members of Quorum, Divi sion, Casting the said Legislative Council, exclusive of the President, shall be Vote. necessary to constitute a Quorum for the Despatch of Business ; and all Questions which shall arise in the said Legislative Council shall be decided by a Majority of Votes of the Members present, other than the President, and when the Votes shall be equal the President shall have the Casting Vote: Provided always, that if the whole Number of Members constituting the said Legislative Council shall not be exactly divisible by Three, the Quorum of the said Legislative Council shall consist of such whole Number as is next greater than One Third of the Members of the said Legislative Council. sembly. IX. For the Purpose of constituting the Legislative Assembly Convoking As of the said Colony, it shall be lawful for the Governor thereof, within the Time herein-after mentioned, and thereafter from Time to Time as Occasion shall require, in Her Majesty's Name, by an Instrument or Instruments under the Great Seal of the said Colony, to summon and call together a Legislative Assembly in and for the said Colony. bers of Assembly. X. The Legislative Assembly shall for the present consist of Number of MemFifty-four Members, to be elected by the Inhabitants of the said Colony, having any of the Qualifications mentioned in the next Succeeding Clause of this Act. Electors. XI. The Qualifications for Electors of the Legislative Assem- Qualification of bly shall be as follows:-Every Man of the Age of Twenty-one Years, being a natural-born or naturalized Subject of Her Majesty, or legally made a Denizen of New South Wales, and. having a Freehold Estate in possession, situate in the District for which his Vote is to be given, of the clear Value of One hundred Pounds Sterling Money, above all Charges and Incumbrances in any way affecting the same, of or to which he has been seised or entitled, either at Law or in Equity, for at least Six Calendar Months next before the last Registration of Electors, or being a Householder within such District, occupying any House, Warehouse, Counting-house, Office, Shop, or other Building, of the clear annual Value of Ten Pounds Sterling Money, and having occupied the same for Six Calendar Months next before such Registration as aforesaid, or having a Leasehold Estate in possession, situate within such District, of the Value of Ten Pounds Sterling Money per Annum, held upon a Lease which at the Time of such Registration has not less than Three Years to run, or having a Leasehold Estate so situate and of such Value as aforesaid, of which he has been in possession for Three Years or upwards New South Wales Government. upwards next before such Registration, or holding at the Time of such Registration a Licence from the Government to depasture Lands within the District for which his Vote is to be given, or having a Salary of One hundred Pounds a Year, and having enjoyed the same for Six Calendar Months next before such Registration, or being the Occupant of any Room or Lodging, and paying for his Board and Lodging Forty Pounds a Year, or for his Lodging only at the Rate of Ten Pounds a Year, and having occupied the same Room or Lodging for Six Calendar Months next before such Registration as aforesaid, shall be entitled to vote at the Election of a Member of the Legislative Assembly: Provided always, that no Man shall be entitled to vote who has been attainted or convicted of Treason, Felony, or other infamous Offence in any Part of Her Majesty's Dominions, unless he have received a free or conditional Pardon for such Offence, or have undergone the Sentence passed on him for such Offence; and provided also, that no Man shall be entitled to vote unless at the Time of such Registration of Electors he shall have paid up Rates and Taxes which shall have become payable by him as Owner or Leaseholder in respect of such Estate, or as Occupier in respect of such Occupancy, or as the Holder of a Licence in respect of such Licence, except such as shall have become payable during Three Calendar Months next before such Registration. all XII. Where any Premises are jointly owned, occupied, or held on Lease within the Meaning of the last preceding Clause, by more Persons than One, each of such joint Owners, Occupiers, or Leaseholders shall be entitled to be registered as a Voter and to vote in respect of the said Premises in case the Value of his individual Interest therein, separately considered, would, under the first Four Provisions of the said last preceding Section, entitle such Owner, Occupier, or Leaseholder to be registered as a Voter and to vote. XIII. Until further Provision shall be made by the Legislature of the said Colony all the Provisions contained in "The Electoral Act of 1851," passed by the late Legislative Council in the Fourteenth Year of Her Majesty's Reign, numbered Forty-seven, except so much of the First Clause thereof as relates to the Number and Constitution of the present Legislative Council, and so much of the Third and other Clauses thereof as is repugnant to this Act, shall be in force and apply to the Election of Members to serve in the Legislative Assembly constituted under this Act, except as follows: The Electoral Districts of East Camden and West Camden shall each return Two Members instead of One Member to serve in the said Legislative Assembly; the Electoral District of the united Counties of Cook and Westmoreland shall return Two Members; the Counties of Murray, Saint Vincent, Roxburgh and Wellington shall each form an Electoral District, and each return One Member; the County of Cumberland shall be divided into Two Ridings, to be called the North and South Ridings, the North Riding commencing where the great Western Road crosses Johnstone's Creek, and bounded on the |
