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AN ACT to extend the Elective Franchise.
WHEREAS by an Act of the Imperial Parliament of the United Kingdom of Great Encl. 2 in No. 2. Britain and Ireland passed in the session of the thirteenth and fourteenth years of the Preamble. reign of Her present Majesty Queen Victoria, intituled " An Act for the better government of Her Majesty's Australian colonies," it was, amongst other things, enacted that notwithstanding anything therein-before conatined, it should be lawful for the Governor and Legislative Council of the colony of Victoria after the establishment therein of a Legislative Council under the said Act, from time to time, by any Act or Acts to alter the provisions or laws for the time being in force under the said Act, or otherwise, concerning amongst other things the qualification of electors for such Legislative Council; And whereas it is expedient to make certain alterations in the qualification of such electors: Be it therefore enacted by his Excellency the Lieutenant-Governor of the said. colony of Victoria, by and with the advice and consent of the Legislative Council thereof, as follows:
I. Every man of the age of twenty-one years, being a natural born or naturalized Annual licences of subject of Her Majesty, or a legally made denizen of the said colony, who shall, in con- waste lands of the sideration of any payment to the public revenue, be authorized under any law now or Crown entitled to hereafter to be in force to occupy or mine for the space of twelve months or upwards in vote at election of any portion of the waste lands of the Crown in the said colony, shall, being duly regis- Members of the tered as an elector for any district, be entitled to vote at the election of a member of the Legislative CounLegislative Council for that district; Provided, that no man shall be entitled to be registered as an elector upon the electoral roll of any electoral district, unless he shall have occupied or mined under such authority as aforesaid, in waste lands of the Crown, within the said district in respect whereof he shall claim to be registered for the period of three calendar months at least previous to such registration; Provided further, that no man shall be entitled to be registered as aforesaid who shall have been attainted or convicted of treason, felony, or other infamous offence in any part of Her Majesty's dominions, unless he shall have received a free pardon, or undergone the sentence passed on him for such offence: Provided also, that no man shall be entitled to be registered as aforesaid, unless at the time of such registration of electors he shall have paid up all rates and taxes which shall have become payable by him in respect of such qualification except such as shall have become payable during three calendar months next before such registration.
II. This Act shall be proclaimed in the said colony of Victoria within two months Commencement of after official information of the Royal Assent thereto shall have been received by the Act. Lieutenant-Governer thereof, and shall take effect in the said colony from the day of such proclamation.
A BILL to empower Her Majesty to assent to a Bill of the Legislative Council of the Encl. 3 in No. 2. colony of Victoria, and to repeal so much of certain Acts of Parliament relating to the
said colony as are repugnant to the said Bill.
WHEREAS the Legislative Council of the colony of Victoria, constituted by virtue Preamble. of the Act passed in the session holden in the thirteenth and fourteenth years of the 13 & 14 Vict., cap. reign of Her Majesty Queen Victoria, intituled "An Act for the better Government of 59. Her Majesty's Australian Colonies," did in the seventeenth year of the reign of Her Majesty pass a Bill, intituled "An Act to establish a Constitution in and for the colony of Victoria," a copy whereof is contained in the schedule to this present Act annexed: And whereas the said Bill having been presented to the Lieutenant Governor of the said colony of Victoria, was reserved by him for the signification of Her Majesty's pleasure thereon: And whereas it is declared by the said reserved Bill that the provisions thereof shall have no force or effect until so much and such parts of an Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the ninth year of the reign 9 Geo. 4. cap. 83. of His late Majesty King George the Fourth, intituled " An Act to provide for the ad"ministration of justice in New South Wales and Van Diemen's Land, and for the more "effectual government thereof, and for other purposes relating thereto;" and of another 5 & 6 Vict. cap. 56. Act passed in the fifth and sixth years of the reign of Her present Majesty, intituled "An Act for regulating the sale of waste lands belonging to the Crown in the Australian 5 & 6 Vict. cap. 76. "colonies;" and of another Act passed in the same years of Her present Majesty, intituled "An Act for the government of New South Wales and Van Diemen's Land;" and of another Act passed in the seventh and eighth years of the reign of Her present
Majesty, intituled " An Act to clear up doubts as to the regulation and audit of the 7 & 8 Vi '.cap. 72.
accounts of the Customs of New South Wales ;" and of another Act passed in the
same years of the reign of Her present Majesty, intituled "An Act to explain and amend 7 & 8 Vict. cap. 74. the Act of the government of New South Wales and Van Diemen's Land;" and of
another Act passed in the ninth and tenth years of the reign of Her present Majesty, 9 & 10 Vict. cap. intituled "An Act to amend an Act for regulating the sale of waste lands belonging to "the Crown in the Australian colonies, and to make further provision for the manage"ment thereof;" and also of the said Act of Parliament firstly herein-before referred to, 13 & 14 Vict. cap. as severally relate to the colony of Victoria, and are repugnant to the said reserved Bill, 59. shall have been repealed; And whereas the said reserved Bill is in certain respects repug
Her Majesty empowered to assent to reserved Bill. If Her Majesty shall assent, certain provisions in
recited Acts repealed.
nant to the Acts of Parliament herein-before referred to, or to some of them, and Her Majesty is therefore unable, without the authority of Parliament, to assent thereto; and whereas it is expedient that Her Majesty should be empowered to assent to the said reserved Bill, and that so much and such parts as aforesaid of the Acts herein-before referred to should thereupon be repealed: 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. It shall be lawful for Her Majesty, with the advice of Her Majesty's Privy Council, to assent to the said reserved Bill, anything in the said Acts of Parliament herein-before referred to, or any law, statute, or usage to the contrary in anywise notwithstanding.
II. If Her Majesty shall assent as aforesaid to the reserved Bill, so much and such parts of the several Acts herein-before referred to and the schedules thereto respectively, as in any way relate to the colony of Victoria, and as differ from or are repugnant to the said reserved Bill, shall be repealed upon and from the day on which the several provisions of the said reserved Bill being first so assented to by Her Majesty as aforesaid shall respectively take effect in the said colony of Victoria.
Despatches from the Secretary of State.
THE DUKE OF NEWCASTLE.
Copy of a DESPATCH from the Duke of NEWCASTLE to Lieut.-Governor LATROBE. (No. 52.)
Downing Street, April 22, 1853. WITH reference to your former Despatch, No. 70, of the 28th of July 1851, in which you draw attention to the question of the principles on which the financial accounts between New South Wales and Victoria, arising out of their separation, should be adjusted, I have to inform you that the report expected from the Governor of New South Wales on the same subject has now been received and I transmit to you, for your information, a copy of that report, together with copies of the reply which I have returned to it this day, and of the correspondence between the Colonial Department and the Treasury therein referred to.
In pursuance of the conclusions, for which you will find the reasons fully set forth in these papers, I have hereby to authorize and instruct you to transfer to the Government of New South Wales the sum of 11,1247. 14s. 8d. as the balance due to that colony in respect to the territorial revenue, and also the sum of 2361. 2s. 1d. as the sum due in respect to the general Revenue making a total amount of 11,360l. 16d. 9d.
&c. &c. &c.
&c. &c. &c.
Copy of a DESPATCH from the Duke of NEWCastle to
I have, &c., (Signed)
Downing Street, August 4, 1853.
SIR, I enclose, for your information, the copy of a Confidential Despatch which I have addressed to Sir Charles FitzRoy, on the subject of the proba- 4th August 1853. bility of the introduction at no distant period, of the system of government com- Page 62. monly termed "responsible" in the principal Australian colonies, and which you will consider as equally concerning yourself.
I have, &c., (Signed)
THE RIGHT HON. SIR GEORGE GREY, BART.
COPY of a DESPATCH from the Right Hon. Sir G. GREY, Bart. to
* Page 10 of Papers relative to "Australian Constitution" presented by Her Majesty's Command 14th March, 1853.
No. 115, 26th July
22d April 1853, No.67.
21st March. Page 58. Treasury, 9th April.
Downing Street, July 3, 1854. I HAVE to acknowledge your Despatches of the numbers and dates. specified in the margin, and for the present have to refer you in reply to the 1854. Page 73.
No. 40, 25th March 1854. Page 100.
See Page 64.
copy herewith transmitted of a Despatch which I have written to the Governor No. 9. 3d July, 1854. of New South Wales, but which you will consider as equally addressed to yourself, explaining the reasons which have rendered it necessary for Her Majesty's Government to postpone the consideration of the Constitutional Acts received from the three Australian colonies.
I shall immediately proceed to submit to Her Majesty the "Act to extend the Elective Franchise," transmitted with your Despatch of the 25th March, and which requires an Order in Council for the purpose of declaring her assent to it.
Lieut.-Governor Sir C. Hotham,
I have, &c. (Signed) G. GREY.