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Victoria Government. Waste Lands (Australia) Acts Repeal.
relating to imposing and levying Duties in New South Wales; to authorize the imposing and levying other Duties on Goods imported into the said Colony, and to suspend for Ten Years the Payment of Duty on the Importation of certain Goods the Produce of New
South Wales. 9 G. 4. c. 83. - An Act to provide for the Administration
of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof, and for other
Purposes relating thereto. 5 & 6 Vict. c. 36. An Act for regulating the Sale of Waste
Land belonging to the Crown in the
Australian Colonies. 5 & 6 Vict. c. 76. An Act for the Government of New South
Wales and Van Diemen's Land. 7 & 8 Vict. c. 72. An Act to clear up Doubts as to the
Regulation and Audit of the Accounts
of the Customs in New South Wales. 7 & 8 Vict. c. 74. An Act to explain and amend the Act for
the Government of New South Wales
and Van Diemen's Land. 9 & 10 Vict. c. 104. - An Act to amend an Act for regulating
the Sale of Waste Land belonging to the Crown in the Australian Colonies, and to make further Provision for the
Management thereof. 13 & 14 Vict. c. 59. - An Act for the better Government of Her
Majesty's Australian Colonies.
CA P. LVI. An Act to repeal the Acts of Parliament now in force
respecting the Disposal of the Waste Lands of the Crown in Her Majesty's Australian Colonies, and to make other Provision in lieu thereof.
[16th July 1855.]
Sale and other Disposal of the Waste Lands belonging to " the Crown in the Australian Colonies should be repealed, and " that other Provision should be made with respect to the Subject • Matter of the said Acts:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :
I. The Act of the Sixth Year of Her Majesty, Chapter Thirtysix, intituled An Act for regulating the sale of Waste Land belonging to the Crown in the Australian Colonies, and the Act of the Tenth Year of Her Majesty, Chapter One hundred and Waste Lands (Australia) Acts Repeal. four, intituled An Act to amend an Act for regulating the Sale of Waste Land belonging to the Crown in the Australian Colonies, and to make further Provision for the Management thereof, are hereby repealed.
5 & 6 Vict. c. 36. and 9 & 10 Vict. c. 104. repealed.
II. The Repeal of the said Acts, and the other Provisions of Periods at this Act, shall take effect in the Colonies of New South Wales which this Act and Victoria at the Date of the Proclamation in those Colonies is to take effect respectively of certain Acts passed in this Session of Parliament, lian Colonies intituled in Act to enable Her Majesty to assent to a Bill, as
respectively. amended, of the Legislature of New South Wales, “to confer a Constitution on New South Wales, and to grant a Civil List to Her Majesty,” and An Act to enable Her Majesty to assent to a Bill, as amended, of the Legislature of Victoria, to establish a Constitution in and for the Colony of Victoria, and in Van Diemen's Land from the Date of the Proclamation of this Act by the Governor, which Proclamation shall take place within One Month after Copy thereof shall be received by such Governor, and in South Australia from the Date of the Proclamation in that Colony of the Assent of lier Majesty to any Bill which may be passed by the Legislature of the said Colony, under the Provisions of an Act passed in the Fourteenth Year of Iler Majesty, and intituled An Act for the better Government of Her Majesty's 13 & 14 Vict. Australian Colonies, establishing a Legislative Council and Assem- c. 59. bly within the said Colony, in lieu of the present Legislative Council.
III. The Powers vested by the said Acts hereby repealed in Powers of reHer Majesty, the Commissioners of Her Majesty's Treasury, and pealed Acts conthe Colonial Land and Emigration Commissioners respectively, tinued for cershall continue so far as regards the Appropriation and Application tain Purposes. of Monies which may be received from the said Colonies respectively under and by virtue of the Provisions of the said Acts or either of them.
IV. It shall be lawful for the Legislature of any Colony in Power to amend which the Repeal of the said Act of the Tenth Year of Her or repeal OrMajesty shall have taken effect to repeal, alter, or amend any
ders in Council. Order in Council made under Authority of the said Act, and affecting such Colony; but subject, nevertheless, so far as respects the Colonies of New South IVales and Victoria respectively, to the Provisions in the said Acts of this Session for the Preservation and enabling the Fulfilment of Contracts, Promises, and Engagements made by or on behalf of Her Majesty with respect to Lands situate in such respective Colonies, and, until so repealed, and subject to any such Alteration or Amendment, every such Order in Council shall have the same Force and Effect as if this Act had not been passed.
V. It shall be lawful for the Legislature of Van Diemen's Land Legislature of and for the Legislature of South Australia after such Change in Van Diemen's the Constitution thereof as aforesaid, by any Act or Acts to be Land, and of
South Australia passed from Time to Time in the same Manner and under the
when Constitusame Conditions as are or may be by Law required in respect of tion altered, other Acts of the said Legislatures respectively, to regulate the may dispose of Sale and other Disposal of the Waste Lands of the Crown in the Waste Land, P 3
Waste Lands (Australia) Acts Repeal. Militia (No. 2.) notwithstand- said Two last-mentioned Colonies respectively, and the Disposal ing 5 & 6 Vict. of the Proceeds arising therefrom for the Public Service of the c. 76. and
said Colonies, any Provisions of an Act of Parliament of the Sixth 13 & 14 Vict.
Year of Her said Majesty, intituled An Act for the Government of c. 59.
New South Wales and Van Diemen's Land, or of an Act of the Fourteenth Year of Her said Majesty, intituled An Act for the better Government of Her Majesty's Australian Colonies, or of any other Act of Parliament, to the contrary notwithstanding : Provided always, that it shall be lawful for Her Majesty at any Time by Order in Council to separate Norfolk Island from the Colony of
Van Diemen's Land, and to make such Provision for the GovernPower for Herment of Norfolk Island as may seem expedient: Provided also, Majesty by Or- that nothing herein contained, nor any Act to be passed as aforeder in Council said by either of the said Legislatures, shall affect or be construed to separate Nor
to affect any Contract, or extend to prevent the Fulfilment of any folk Island from Van Diemen’s Promise or Engagement made by or on behalf of Her Majesty with Land.
respect to any Lands situate in either of the said Colonies of Van Diemen's Land and South Australia, where such Contract, Promise, or Engagement shall have been lawfully made before the
Time when this Act shall take effect in such respective Colony. Existing Regu- VI. All Regulations respecting the Sale or other Disposal of lations main
the Waste Lands of the Crown, made under the Authority of the tained in force said recited Acts or either of them, which shall be legally in force until altered.
in New South Wales, Victoria, Van Diemen's Land, or South Australia, at the Date when the present Act shall take effect in the said Colonies respectively, shall remain in force in each of the said Colonies respectively until the Legislature of such Colony
shall otherwise provide. Regulation of VII. It shall be lawful for Her Majesty, by Instructions under Disposal of Her Signet and Sign Manual, or through One of Her Principal Waste Land
Secretaries of State, to regulate the Sale, Letting, Disposal, and in Western Australia.
Occupation of Waste Lands of the Crown in Western Australia, and the Disposal of the Proceeds arising therefrom, until Parlia
ment shall otherwise provide. Past Appropri- VIII. No Appropriation which has been or shall be made of ations to be the Proceeds of the Sale or Disposal of the Waste Lands of the valid.
Crown in either of the said Colonies shall be deemed invalid by reason of its not having been made in accordance with the Pro
visions of the said Acts of Parliament hereby repealed. As to the Term IX. In the Construction of this Act the Term “Governor " “ Governor.”
shall mean the Person for the Time being lawfully administering the Government of any Colony.
CA P. LVII.
[16th July 1855.]
with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :
Militia (No. 2.) I. It shall be lawful for One of Her Majesty's Principal Secre- Secretary of taries of State, if he see fit, upon the Memorial of the Justices of State may enthe Peace of any County at their General or Quarter Sessions large Time for assembled or of the Council of any Borough, to enlarge the Time of Persons to within which such Justices or Council are required respectively to apportion Conappoint Two Justices and Two Members of Council under Section tribution beTwelve of the Militia Law Amendment Act, 1854, and where tween County Justices and Members of Council have been duly appointed under and Borough,
and for making such Act or within any enlarged Time granted under this Act, it
Award. shall be lawful for such Secretary of State, if he see fit, upon the like Memorials of the Justices of the County at their General or Quarter Sessions assembled, and of the Council of the Borough, on behalf of which County and Borough respectively Justices and Members of Council have been appointed, to enlarge the Time within which they are required to make their Award under the said Act.
II. Where it appears to the Justices and Members of Council Where the Poor appointed under the Militia Law Amendment Act, 1854, or under Rate in the such Act as amended by this Act, for the Purpose of determin- County and ing and awarding the respective Proportions in which any County Borough is not
assessed and Borough shall contribute to the Expenditure in the said Act
a uniform Prinmentioned, or to any Arbitrator duly appointed for the like Pur- ciple, the Propose, that the respective annual Values of the Property rateable to portions of Conthe Relief of the Poor as rated thereto in the County and Borough tribution may
be adjusted are not ascertained upon a uniform Principle of Valuation, so as
without regard to constitute a fair Basis upon which to calculate the Proportions to the Poor Rate in which the County and Borough should contribute as aforesaid, Valuation, such Justices and Members of Council or Arbitrator (as the Case may be) may determine and award such respective Proportions according to what may appear to them or him to be the actual annual Values at which the Property rateable in the County and Borough respectively to the Relief of the Poor ought to be rated thereto, but without regard to the respective Values at which such Property is in fact so rated ; and in determining such Proportions as aforesaid the Value of the Property in Extra-parochial Places as well in Boroughs as in Counties, as such Property if rateable to the Relief of the Poor would be rated thereto, shall be taken into account as if the same had been actually rateable to such Relief.
III. When any Borough is situate in more than One County, Boroughs situsuch Borough shall be liable to contribute to the Expenditure afore- ate in more than said in each such County, and the Proportions which such Borough One County to shall contribute to such Expenditure in each such County shall be contribute to determined and awarded by Justices appointed for the County and tion to the rateMembers of Council appointed for the Borough, or by an Arbi- able Value of trator, in like Manner as in the Case of a Borough wholly within the Part within the County, but the Proportion to be contributed by the Borough the same. shall be determined and awarded with reference to the Value of the Property rated to the Relief of the Poor within that Part only of the Borough which is situate in the County by which the Expenditure is incurred, and the Contributions so awarded shall be raised and paid in like Manner as if the whole Borough were
Militia (No. 2.)
within the County; but in case a Borough Rate be made for raising any such Contribution, or repaying any Money borrowed for the Purpose of such Contribution, or paying any Interest on any such Money or any Expenses incident to borrowing the same, such Rate shall be raised in that Part only of the Borough which is in the County to which the Contribution is required to be made : Provided always, that this Enactment shall not apply to the City or County of the City of Bristol, but the said City and County shall contribute to the Expenditure aforesaid in the County of Gloucester, as if wholly situate in such County : Provided also, that this Enactment shall not affect the Provision in Section Twenty-five of the Militia Law Amendment Act, 1854, concern
ing the City of Lincoln and Borough of Stamford. Foregoing Pro- IV. The foregoing Provisions concerning Boroughs shall apply visions to ex- to all Franchises, Liberties, and Places not being by Law liable to tend to Fran.
the Payment of County Rates made for the County at large, and chises.
the Expressions "Borough," "Council," “Members of Council," and“ Borough Rate,” shall respectively be construed as including any such Franchise, Liberty, or Place, the Justices, Mayor, or Municipal Officer authorized under Section Twenty-nine of the Militia Law Amendment Act, 1854, to appoint Two Justices or Persons to act on behalf of such Franchise, Liberty, or Place, the Justices or Persons so appointed, and the Liberty Rate or other local Rate in the Nature of a County Rate leviable in such Fran
chise, Liberty, or Place. In the County V. “And whereas by reason of there being no General Quarter of Lincoln • Sessions of the Peace held for the County of Lincoln at large Storehouses to
it is expedient that further Provisiou be made for executing the be provided by Militia Law Amendment Act, 1854, within the said County: the Gaol Sessions.
In the County of Lincoln all things directed by the Second and Third Sections of the Militia Law Amendment Act, 1854, to be done by Justices in General or Quarter Sessions assembled shall be done by Justices for the several Parts of Lindsey, Kesteven, and Holland in the said County of Lincoln, or any of them, assembled in Court of Gaol Sessions held in and for the said County ; and all other things directed by the said Act to be done by the Justices of Counties in Quarter Sessions assembled shall and may be done by the Justices of the said several Parts of Lindsey, Kesteven, and Holland in the said County of Lincoln in their respective Quarter Sessions assembled ; and the said Court of Gaol Sessions shall take into consideration any Representations already made to the Quarter Sessions for the said several Divisions of the Insecurity or Insufficiency of any Storehouse in use for the Service of any Militia of the said County, and also any Representation made to such Court under the said Militia Law Amendment Act as amended by this Act, and do all neces. sary Acts for providing the requisite Premises for the Service of the Militia of the said County; and the Expenses to be incurred by such Court under this Act shall be raised and paid in such and the like Manner as other Monies required for the general Purposes of the said Court of Gaol Sessions; and any Money arising from the Sale and Disposition, under the Order of the said