Affirmatiou may be made instead of Oath. Standing Rules and Orders to be made. Legislature, as constructed by this Act, em any of its Provisions. New South Wales Government. Members of the said Council and Assembly shall, before they shall be permitted to sit and vote therein, take and subscribe the like Oath of Allegiance to the Successor for the Time being to the said Crown. XXXIV. Provided that every Person authorized by Law to make an Affirmation instead of taking an Oath may make such Affirmation in every Case in which an Oath is herein-before required to be taken. XXXV. The said Legislative Council and Assembly in the First Session of each respectively, and from Time to Time afterwards as there may be occasion, shall prepare and adopt such Standing Rules and Orders as shall appear to the said Council and Assembly respectively best adapted for the orderly Conduct of such Council and Assembly respectively, and for the Manner in which such Council and Assembly shall be presided over in case of the Absence of the President or the Speaker, and for the Mode in which such Council and Assembly shall confer, correspond, and communicate with each other relative to Votes or Bills passed by or pending in such Council and Assembly respectively, and for the Manner in which Notices of Bills, Resolutions, and other Business intended to be submitted to such Council and Assembly respectively at any Session thereof may be published for general Information, and for the proper passing, entitling, and numbering of the Bills to be introduced into and passed by the said Council and Assembly, and for the proper Presentation of the same to the Governor for the Time being for Her Majesty's Assent; all of which Rules and Orders shall, by such Council and Assembly respectively, be laid before the Governor, and, being by him approved, shall become binding and of force. XXXVI. Notwithstanding anything herein-before contained, the Legislature of the said Colony, as constituted by this Act, powered to alter shall have full Power and Authority, from Time to Time, by any Act or Acts, to alter the Provisions or Laws for the Time being in force under this Act or otherwise, concerning the Legislative Council, and to provide for the Nomination or Election of another Legislative Council, to consist respectively of such Members to be appointed or elected respectively by such Person or Persons, and in such Manner, as by such Act or Acts shall be determined: Provided always, that it shall not be lawful to present to the Governor of the said Colony, for Her Majesty's Assent, any Bill by which any such Alteration in the Constitution of the said Colony may be made, unless the Second and Third Readings of such Bill shall have been passed with the Concurrence of Two Thirds of the Members for the Time being of the said Legislative Council and of the said Legislative Assembly respectively: Provided also, that every Bill which shall be so passed for any of such Purposes shall be reserved for the Signification of Her Majesty's Pleasure thereon, and a Copy of such Bill shall be laid before both Houses of the Imperial Parliament for the Period of Thirty Days at the least before Her Majesty's Pleasure thereon shall be signified. XXXVII. The New South Wales Government. Government of the Colony to be vested in the Governor. XXXVII. The Appointment to all Public Offices under the Appointment to Government of the Colony hereafter to become vacant or to be Offices under the created, whether such Offices be salaried or not, shall be vested in the Governor, with the Advice of the Executive Council, with the Exception of the Appointments of the Officers liable to retire from Office on political Grounds as herein-after mentioned, which Appointments shall be vested in the Governor alone: Provided always, that this Enactment shall not extend to minor Appointments, which by Act of the Legislature, or by Order of the Governor and Executive Council, may be vested in Heads of Departments, or other Officers or Persons within the Colony. Behaviour not XXXVIII. The Commissions of the present Judges of the Judges continued in the Enjoyment Supreme Court of the said Colony, and of all future Judges of their Offices thereof, shall be, continue, and remain in full force during their during their good good Behaviour, notwithstanding the Demise of Her Majesty withstanding any (whom may God long preserve), or of Her Heirs and Successors, Demise of the any Law, Usage, or Practice to the contrary thereof in anywise notwithstanding. Crown; XXXIX. It shall be lawful, nevertheless, for Her Majesty, but they may be removed by the Her Heirs or Successors, to remove any such Judge or Judges Crown on the upon the Address of both Houses of the Legislature of this Address of ParColony. liament. the Continuance of their Commis sions. XL. Such Salaries as are settled upon the Judges for the Time Their Salaries being by Act of Parliament or otherwise, and also such Salaries secured during as shall or may be in future granted by Her Majesty, Her Heirs and Successors, or otherwise, to any future Judge or Judges of the said Supreme Court, shall in all Time coming be paid and payable to every such Judge and Judges for the Time being, so long as the Patents or Commissions of them or any of them respectively shall continue and remain in force. XLI. All Laws, Statutes, and Ordinances which at the Time Existing Law saved. of the passing of this Act shall be in force within the said Colony shall remain and continue to be of the same Force, Authority, and Effect as if this Act had not been made, except in so far as the same are repealed or varied by this Act, or in so far as the same shall or may hereafter, by virtue and under the Authority of this Act, be repealed or varied by any Act or Acts of the Legislature of the said Colony. Officers, &c. XLII. All the Courts of Civil and Criminal Jurisdiction within Courts of Justice, the said Colony, and all Charters, legal Commissions, Powers and Commissions, Authorities, and all Officers, judicial, administrative, or ministerial, within the said Colony respectively, except in so far as the same may be abolished, altered, or varied by or may be inconsistent with the Provisions of this Act, or shall be abolished, altered, or varied by any Act or Acts of the Legislature of the Colony, or other competent Authority, shall continue to subsist in the same Form and with the same Effect as if this Act had not been made. XLIII. Subject to the Provisions herein contained, it shall be lawful for the Legislature of this Colony to make Laws for regulating the Sale, Letting, Disposal, and Occupation of the Waste Lands of the Crown within the said Colony. M 2 XLIV. It Legislature em- Disposal of Duties not to be levied on Supplies for Troops, nor any Duties inconsistent with Treaties. Customs Duties may be imposed, not differential, though contrary to existing Acts of Parliament. Boundaries of the Colony. Preamble to New South Wales Government. XLIV. It shall not be lawful for the Legislature of the Colony to levy any Duty upon Articles imported bonâ fide for the Supply of Her Majesty's Land or Sea Forces, nor to levy any Duty, impose any Prohibition or Restriction, or grant any Exemption from any Drawback or other Privilege upon the Importation or Exportation of any Articles, nor to enforce any Dues or Charges upon Shipping, contrary to or at variance with any Treaty or Treaties concluded by Her Majesty with any Foreign Power. XLV. Subject to the Provisions of this Act, and notwithstanding any Act or Acts of the Imperial Parliament now in force to the contrary, it shall be lawful for the Legislature of the Colony to impose and levy such Duties of Customs, as to them may seem fit, on the Importation into the Colony of any Goods, Wares, and Merchandise whatsoever, whether the Produce of or exported from the United Kingdom or any of the Colonies or Dependencies of the United Kingdom, or any Foreign Country: Provided always, that no new Duty shall be so imposed upon the Importation into the said Colony of any Article the Produce or Manufacture of or imported from any particular Country or Place which shall not be equally imposed on the Importation into the said Colony of the like Article the Produce or Manufacture of or exported from all other Countries and Places whatsoever. XLVI. For the Purpose of this Act, the Boundaries of the Colony of New South Wales shall, except as herein-after excepted, comprise all that Portion of Her Majesty's Territory of Australia or New Holland lying between the One hundred and twenty-ninth and One hundred and fifty-fourth Degrees of East Longitude, reckoning from the Meridian of Greenwich, and Northward of the Fortieth Degree of South Latitude, including all the Islands adjacent in the Pacific Ocean within the Latitude aforesaid, and also including Lord Howe Island, being in or about the Latitude of Thirty-one Degrees Thirty Minutes South and the One hundred and fifty-ninth Degree of East Longitude, reckoning from the said Meridian of Greenwich, save and except the Territories comprised within the Boundaries of the Province of South Australia and the Colony of Victoria, as at present established: Provided always, that nothing herein contained shall be deemed to prevent Her Majesty from altering the Boundary of the Colony of New South Wales on the North in such Manner as to Her Majesty may seem fit, nor from detaching from the said Colony that Portion of the same which lies between the Western Boundary of South Australia and the One hundred and twenty-ninth Degree of East Longitude, reckoning from the said Meridian of Greenwich. And whereas the Legislative Council of New South Wales, constituted under the Imperial Act passed in the Session holden in the Thirteenth and Fourteenth Years of the Reign of Her present Majesty, intituled "An Act for the better Government of Her Majesty's Australian Colonies," are desirous that Her Majesty should owe to the spontaneous Liberality of Her People in this Colony such Grant by way of Civil List, in lieu of the Provision contained in the Schedule to that Act, as shall be sufficient to give Stability and Security to the Civil Institutions of the Colony, New South Wales Government. Colony, and to provide for the adequate Remuneration of able and efficient Officers in the executive, judicial, and other Departments of Her Majesty's Colonial Service, the granting of which Civil List belongs constitutionally only to Her Majesty's faithful People through their Representatives in the said Legislative Council; and Her Majesty's most dutiful and loyal Subjects, the Members of the said Legislative Council in Council assembled, being desirous that a certain competent Revenue for the Purpose may be settled upon Her Majesty, (to whom may God grant a long and happy Reign,) as a Testimony of their unfeigned Affection to Her Majesty's Person and Government, have accordingly freely resolved, in lieu of the aforesaid statutable Provision for the like Purpose, to grant to Her Majesty, Her Heirs and Successors, a certain Revenue payable out of the Consolidated Revenue Fund of this Colony: Be it therefore enacted as follows: XLVII. All Taxes, Imposts, Rates, and Duties, and all territorial, casual, and other Revenues of the Crown (including Royalties) from whatever Source arising within this Colony, and over which the present or future Legislature has or may have Power of Appropriation, shall form One Consolidated Revenue Fund, to be appropriated for the Public Service of this Colony in the Manner and subject to the Charges herein-after mentioned. XLVIII. The Consolidated Revenue Fund of this Colony shall be permanently charged with all the Costs, Charges, and Expenses incident to the Collection, Management, and Receipt thereof, such Costs, Charges, and Expenses being subject nevertheless to be reviewed and audited in such Manner as shall be directed by any Act of the Legislature. XLIX. There shall be payable in every Year to Her Majesty, Her Heirs and Successors, out of the Consolidated Revenue Fund of this Colony, the several Sums, not exceeding in the whole the Sum of Sixty-four thousand and three hundred Pounds, for defraying the Expense of the several Services and Purposes named in the Schedules A. B. and C. to this Act annexed, the said several Sums to be issued by the Colonial Treasurer in discharge of such Warrant or Warrants as shall be from Time to Time directed under the Hand of the Governor; and the said Treasurer shall account to Her Majesty for the same through the Lords Commissioners of Her Majesty's Treasury, in such Manner and Form as Her Majesty shall be graciously pleased to direct. L. The said several Sums mentioned in Schedules A. B. and C. shall be accepted and taken by Her Majesty, Her Heirs and Successors, by way of Civil List, instead of all territorial, casual, and other Revenues of the Crown (including all Royalties) from whatever Source arising within the said Colony, and to the Disposal of which the Crown may be entitled either absolutely or conditionally, or otherwise howsoever. Pensions payable to Judges of Supreme Court. LI. Not more than Four thousand five hundred and fifty Pounds in each Year shall be payable for Pensions to the Judges of the Supreme Court out of the Sum set apart for Pensions in the said Pensions payable Schedule B.; and not more than Five thousand nine hundred liable to Removal Pounds in each Year shall be payable by way of Pension or Retir- from Office on po to certain Officers litical Grounds. New South Wales Government. Provisoes in reference to Judges® ing Allowance for the present Incumbents of any Office or Deand such Officers. partment mentioned in the said Schedule B. who, on political Grounds, may retire or be released from any such Office or Department: Provided always, that Pensions shall be demandable by such Judges, to the Amount of Seven Tenths of their actual Salaries, on permanent Disability or Infirmity, or after Fifteen Years Service as such Judge in this Colony; and that so far as the present Judges are concerned, every Three Years Service in any judicial Office in this Colony, other than the Office of a Judge of the Supreme Court, shall be equivalent to One Year's Service as such Judge of the Supreme Court; provided also, that the Officers so liable to retire or be released shall be the Attorney General, and Solicitor General, the Colonial Secretary, Colonial Treasurer, and Auditor General; and upon the Retirement or Release from Office of any of the present Officers, they shall be entitled by way of Pension or Retiring Allowance to the full Amount of the Salaries respectively received by them at the Time of the passing of this Act: Provided also, that if after the Assignment of any such Pension or Retiring Allowance any of such Judges or Officers shall accept any new Appointment under the Crown, then and in every such Case the Pension or Retiring Allowance of any such Judge or Officer shall merge or be reduced pro tanto during the Tenure of such Appointment, according as the Salary or Emoluments of any such new Appointment are of greater or less Amount than the Pension or Retiring Allowance of such Judge or Officer. Superannuation Pensions to certain other Officers not liable to Removal upon political Grounds. To be regulated by Superannuation Act, 4 & 5 W. 4. c. 24. Consolidated Revenue to be appropriated by Act of the Legislature. Debenture or any other Charges on Consolidated Re venue Fund not to be affected by such Consolidation. LII. Not more than Three thousand five hundred Pounds in each Year shall be payable for Pensions to superannuated Officers : Provided always, that the Amount of all such Pensions for such superannuated Officers shall be according to the several Scales and Rates fixed by the Superannuation Act of the Parliament of Great Britain and Ireland, passed in the Session of the Fourth and Fifth Years of the Reign of His late Majesty King William the Fourth, and that a List of all Pensions granted under this Act, and of the Persons to whom the same shall have been granted, shall be laid in every Year before both Houses of the Legislature of the Colony. LIII. After and subject to the Payments to be made under the Provisions herein-before contained, all the Consolidated Revenue Fund herein-before mentioned shall be subject to be appropriated to such specific Purposes as by any Act of the Legislature of the Colony shall be prescribed in that Behalf: Provided, that the Consolidation of the Revenues of this Colony shall not affect the Payment of the annual Interest, or the Principal Sums mentioned in any outstanding Debentures or other Charge upon the territorial Revenue as such Interest, Principal, or other Charge severally becomes due, nor shall such Consolidation affect the Payment of any Sum or Sums heretofore charged upon the Taxes, Duties, Rates, and Imposts now raised, levied, and collected, or to be raised, levied, and collected, to and for the Use of this Colony, for such Time as shall have been appointed by any Acts of the said Legislature by which any such Charge was authorized. LIV. It |
