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NEW SOUTH
WALES.

Question as to Governor's right to re

serve a Bill, or of Her Majesty's right to dis

allow a Bill, to be
determined by

Judicial Committee of
Privy Council.

Appointment of Legislative Councillors.

Tenure of office of
Councillors.

Resignation of Councillors.

Vacating seat by absence.

Trial of questions of vacany.

Appointment of
President.

President may take part in debates.

4. Bills relating to political intercourse and communications between this colony and any officer of a foreign power of dependency.

5. Bills relating to the employment, command, and discipline of Her Majesty's sea and land forces within this colony, and whatever relates to the defence of the colony from foreign aggression, including the command of the municipal militia and marine.

6. Bills relating to the crime of high treason.

III. Whenever any question shall arise as to the right of the Governor to reserve any bill for the signification of Her Majesty's pleasure thereon, or as to the right of Her Majesty to disallow any such bill, the same shall be determined by the judicial committee of the Privy Council, and in no other manner, except by the consent of the said legislature of New South Wales, and such question shall be raised by an address to Her Majesty in Her Privy Council by both houses of the said legislature, setting forth the question so to be determined: Provided, that all such bills shall be absolutely in abeyance, pending any such determination, and that they shall be afterwards submitted for the signification of Her Majesty's pleasure thereon, or remitted to the colony for the exercise of the governor's discretion, according to the decision of the judicial committee in each such case.

IV. For the purpose of composing the Legislative Council of New South Wales, it shall be lawful for Her Majesty before the 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 always, that no person shall be summoned to the said Legislative Council who shall not be of the full age of twenty-one 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, excepts officers of Her Majesty's sea and land forces on full or half-pay, or retired officers on pensions.

V. 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.

VI. 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.

VII. 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.

VIII. 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 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 Majesty, given with the advice of Her Privy Council, thereon shall be final and conclusive to all intents and purposes.

IX. The Governor of the colony shall have power and authority 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 another in his stead; and it shall be at all times lawful for the said President to take part in any debate or discussion which may arise in the said Legislative Council.

casting vote.

X. The presence of at least one-third of the members of the said Legislative Council, exclusive of the President, shall be necessary to constitute a quorum for the dispatch 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 Quorum, division, when the votes shall be equal, the President shall have the casting vote: Provided alwas, 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.

NEW SOUTH
WALES.

XI. For the purpose of constituting the Legislative Assembly of the said colony, it shall Convoking Assembly. 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.

XII. The Legislative Assembly shall for the present consist of fifty-four members, to be Number of Members elected by the inhabitants of the said colony, having any of the qualifications mentioned of Assembly. in the next succeeding clause of this Act.

XIII. The qualifications for electors of the Legislative Assembly shall be as follows:- Qualification of Every man of the age of twenty-one years, being a natural born or naturalized Electors. subject of Her Majesty, or legally made a denizen of New South Wales, and having a freehold estate in possession, situate within 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 next before such registration; or holding at the time of such registration a license 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 all 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 license in respect of such license, except such as shall have become payable during three calendar months next before such regis

tration.

entitled to be

XIV. Where any premises are jointly owned, occupied, or held on lease within the When joint owners the meaning of the last preceding clause, by more persons than one, each of such joint and occupiers shall be owners, occupiers, or leaseholders shall be entitled to be registered as a voter and to vote tered as voters and to in respect of the said premises, in case the value of his individual interest therein, sepa- vote. rately 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.

tricts, and the number

XV. Until further provision shall be made by the Legislature of the said colony, all Division of the Colony the provisions contained in "the Electoral Act of 1851," passed by the late Legislative into Electoral DisCouncil in the fourteenth year of Her Majesty's reign, numbered forty-seven, except so of Members to be much of the first clause thereof as relates to the number and constitution of the present returned by each. 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 mem- Electoral Districte. bers 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 south by the centre of that road bearing westerly to where it crosses the southern boundary of the electoral district of

NEW SOUTH
WALES.

Electoral Lists.

Power to alter system of representation.

Parramatta, near Beckett's Bridge thence by part of the southern, by the eastern, northern, and western boundaries of the said electoral district, to the great western road near the toll-bar; thence again by the centre of that road, bearing westerly to Emu Ferry on the Nepean River; on the west and north by the Nepean and Hawkesbury Rivers to Broken Bay; and on the east by the sea coast and the southern shores of Port Jackson to Johnstone's Creek, and by Johnstone's Creek to the point of commencement, exclusive of the hamlets of Saint Leonard's and Balmain, and also excluding so much of the Cumberland boroughs as is embraced by the towns of Windsor and Richmond; and also so much of the borough of Penrith as is situated on the north side of the western road; and the south riding, commencing where the great western road crosses Johnstone's Creek, and bounded on the north by the centre of that road, bearing westerly to where it crosses the southern boundary of the electoral district of the town of Parramatta, near Beckett's Bridge; thence by part of the southern boundary of the said electoral district, bearing westerly to the great western road near the toll-bar; thence again by the centre of that road, bearing westerly to Emu Ferry on the Nepean River; on the west by that river upwards to the confluence of the Cataract River; on the south by that river upwards to its source, and thence by a line bearing east twenty degrees south to the coast at Bulli, being the southern boundary of the county of Cumberland; on the east by the sea coast to Port Jackson; and again on the north by the southern shores of Port Jackson to Johnstone's Creek, and by Johnstone's Creek to the point of commencement; exclusive of the city of Sydney, and the hamlets of Paddington, Surry Hills, Redfern, Chippendale, O'Connell Town, Camperdown, and Glebe; and also excluding so much of the Cumberland boroughs as is embraced by the towns of Liverpool and Campbell Town; and also so much of the borough of Penrith as is situated on the south side of the western road; and each of the said ridings shall return two members; the united counties of Northumberland and Hunter shall return three members instead of two; the county of Durham shall return three members instead of two; the city of Sydney shall return four members instead of three; the Sydney hamlets, the town of Parramatta, the Northumberland boroughs, and the Stanley boroughs shall each return two members instead of one member; the electoral districts of the pastoral districts of the Murrumbidgee, of the Lachlan and Lower Darling, of Liverpool Plains, and the Gwydir, and of New England and the M'Leay, shall each return two members instead of one member to serve in the said Legislative Assembly as aforesaid. XVI. The new classes of electors entitled to vote by this Act at the election of members of the Legislative Assembly, shall be inserted in the electoral lists appointed to be made by the "Electoral Act of 1851," in the electoral districts in which they shall be respectively resident; and all such lists shall specify the christian and surnames of all such electors, the nature of the qualification and the place where they respectively reside; and all such lists shall be signed, delivered, printed, and hung up for public inspection by the persons and in the way in the said Act prescribed, and shall be subject to the like claims and notice from any person whose name shall have been omitted therein, and to the like objections and notice as to the names of any person inserted therein, and to the like modes of altering amending, or continuing any such lists as are in these said several respects provided for in the said Electoral Act of 1851 as nearly as may be, consistently with the rights of such new electors.

Qualification of Members of Assembly.

XVII. It shall be lawful for the Legislature of the colony by any Act or Acts to be hereafter passed, to alter the divisions and extent of the several counties, districts, cities, towns, boroughs, and hamlets, which shall be represented in the Legislative Assembly, and to establish new and other divisions of the same, and to alter the apportionment of representatives to be chosen by the said counties, districts, cities, towns, boroughs, and hamlets respectively, and to alter the number of representatives to be chosen in and for the colony, and in and for the several electoral districts in the same, and to alter and regulate the appointment of returning officers, and make such new and other provision as they may deem expedient for the issuing and return of writs for the election of members to serve in the said Legislative Assembly, and the time and place of holding such elections: Provided always that it shall not be lawful to present to the Governor of the Colony, for Her Majesty's assent, any bill by which the number or apportionment of representatives in the Legislative Assembly may be altered, unless the second and third readings of such bill in the Legislative Council and the Legislative Assembly respectively shall have been passed with the concurrence of a majority of the members for the time being of the said Legislative Council, and of two-thirds of the members for the time being of the said Legislative Assembly; and the assent of Her Majesty shall not be given to any such bill unless an address shall have been presented by the Legislative Assembly to the Governor, stating that such bill has been so passed.

XVIII. Any person absolutely free (except as is herein-after excepted) who shall be qualified and registered as a voter in and for any electoral district within the said colony shall be qualified to be elected a member of the Legislative Assembly for any electoral district with the said colony.

Members of Legisla tive Council incapable of being Members of

XIX. No person being a member of the Legislative Council shall be capable of being Legislative Assembly. elected, or of sitting or voting, as a member of the Legislative Assembly.

XX. Any person holding any office of profit under the Crown, or having a pension from the Crown during pleasure, or for term of years, shall be incapable of being elected, or of sitting or voting as a member of the Legislative Assembly unless he be one of the Disqualifying clause of following official members of the Government, that is to say, the Colonial Secretary, Members of Assembly. Colonial Treasurer, Auditor-General, Attorney-General, and Solicitor-General, or one of such additional officers, not being more than five, as the Governor, with the advice of the Executive Council, may from time to time, by a notice in the Government Gazette declare capable of being elected a member of the said Assembly.

XXI. If any Member of the said Assembly shall accept of any office of profit or pension Further disqualifying from the Crown during pleasure, or for term of years, his election shall be thereupon and clause of Members of is hereby declared to be void, and a writ shall forthwith issue for a new election: pro- Pensions of officers of Assembly. vided that nothing in this Act contained shall extend to any person in receipt only of the navy and army. pay, half-pay, or a pension as an officer in Her Majesty's navy or army, or who shall reecive any new or other commission in the navy or army respectively, or any increase of pay on such commission, or to any of the official members of the Government, or other officers referred to in the last preceding clause of this Act who may accept any other office.

NEW SOUTH
WALES.

XXII. No person shall be capable of being elected a member to serve in the said Disqualifying MinisAssembly, and of sitting and voting therein, who shall be a minister of the Church of ters of religion. England, or a minister, priest, or ecclesiastic, either according to the rites of the Church of Rome, or under any other form or profession of religious faith or worship.

XXIII. Every Legislative Assembly of the said Colony, hereafter to be summoned and Duration of Assembly. chosen, 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 Governor of the said colony.

XXIV. The members of the Legislative Assembly shall, upon the first assembling after Election of the every general election, proceed forthwith to elect one of their number to be speaker; and Speaker. in case of his death, resignation, or removal by a vote of the said Legislative Assembly, the said members shall forthwith proceed to elect another of such members to be such speaker; and the speaker so elected shall preside at all meetings of the said Legislative Assembly, except as may be provided by the standing rules and orders hereinafter authorized to be made.

XXV. The presence of at least twenty members of the Legislative Assembly, exclusive Quorum, divisior., of the speaker, shall be necessary to constitute a meeting of the said Legislative Assembly casting vote. for the despatch of business; and all questions (except as herein is excepted) which shall arise in the said Assembly shall be decided by the majority of votes of such members as shall be present, other than the speaker, and when the votes shall be equal, the speaker shall have the casting vote.

XXVI. Upon any general election, the Legislative Assembly shall be competent to proceed to the despatch of business at the time appointed by the Governor for that purpose, notwithstanding that any of the writs of election (not exceeding five) shall not have been returned, or that in any of the electoral districts the electors shall have failed to elect a member to serve in the said Assembly.

XXVIII. If any member of the Assembly shall for one whole session of the legislature, without the permission of the Assembly, entered upon its journals, fail to give his attendance in the said House, or shall take any oath or make any declaration or acknowledgment of allegiance, obedience, or adherence to any foreign prince or power, or do or concur in or adopt any act whereby he may become a subject or citizen of any foreign state or power, or become entitled to the rights, privileges, or immunities of a subject of any foreign state or power, or shall become bankrupt or an insolvent debtor within the meaning of the laws in force within the said colony relating to bankrupts or insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous crime, his seat in such Assembly shall thereby become vacant.

Assembly may preceed to business, although Writs not exceeding five shal not have been re

turned.

XXVII. It shall be lawful for any member of the Assembly, by writing under his Resignation of seats in hand, addressed to the speaker of the said House, to resign his seat therein, and upon the the Assembly. receipt of such resignation by the speaker, the seat of such member shall become vacant.

Vacating seats of
Members of Assembly

in certain cases.

XXIX. When and so often as a vacancy shall occur as aforesaid, upon a resolution by Election to take place the Assembly declaring such vacancy and the causes thereof, the speaker shall cause a on vacancies. writ to be issued for supplying such vacancy: provided that the speaker may issue such writ without such preceding resolution, when the Assembly is not in session.

Disqualifying contractors and persons interested in contracts

XXX. Any person who shall directly or indirectly, himself or by any person whatsoever in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in the whole, or in part, any contract or agreement for or on account of the public from being members service, shall be incapable of being summoned or elected, or of sitting or voting as a of either House. member of the Legislative Council or Legislative Assembly during the time he shall execute, hold, or enjoy any such contract, or any part or share thereof, or any benefit or emolument arising from the same; and if any person, being a member of such Council or Assembly, shall enter into any such contract or agreement, or having entered into it shall continue to hold it, his seat shall be declared by the said Legislative Council or

NEW SOUTH
WALES.

Proviso exempting
from disqualification
members of companies
exceeding twenty in
number.
Election of disqualified
persons void.

Place and time of holding Parliament.

XXXI. If any person by this Act disabled, or declared to be incapable to sit or vote in the Legislative Council or Legislative Assembly, shall, nevertheless, be summoned to the said Council, or elected and returned as a member to serve in the said Assembly for any electoral district, such summons, or election and return, shall and may be declared by the said Council and Assembly, as the case may require, to be void, and thereupon the same Penalty on their sitting shall become and be void to all intents and purposes whatsoever; and if any person,

or voting.

under any of the disqualifications mentioned in the last preceding section, shall, whilst so disqualified, presume to sit or vote as a member of the said Council or Assembly, such person shall forfeit the sum of five hundred pounds, to be recovered by any person who shall sue for the same in the Supreme Court of New South Wales.

First calling together of Parliament.

Legislative Assembly, as the case may require, to be void, and thereupon the same shall become and be void accordingly: provided always, that nothing herein contained shall extend to any contract or agreement made, entered into, or accepted by any incorporated company, or any trading company, consisting of more than twenty persons, where such contract or agreement shall be made, entered into, or accepted, for the general benefit of such incorporated or trading company.

One Session of Parlia

XXXIII. There shall be a session of the Legislative Council and Assembly once at least ment to be held in each in every year, so that a period of twelve calendar months shall not intervene between the

year.

last sitting of the Legislative Council and Assembly in one session and the first sitting of the Legislative Council and Assembly in the next session.

Standing Rules and
Orders to be made.

XXXII. It shall be lawful for the Governor of the colony for the time being to fix such place or places within any part of the colony, and such times for holding the first and every other session of the Legislative Council and Assembly of the said colony, as he may think fit, such times and places to be afterwards changed or varied as the Governor may judge advisable and most consistent with general convenience and the public welfare, giving sufficient notice thereof; and also to prorogue the said Legislative Council and Assembly from time to time, and to dissolve the said Assembly by proclamation or otherwise, whenever he shall deem it expedient.

Bills presented to the
Governor for Assent.

No member to sit or

XXXV. No member either of the Legislative Council or of the Legislative Assembly vote until he has taken shall be permitted to sit or vote therein until he shall have taken and subscribed the the following Oath of following oath before the Governor of the colony, or before some person or persons Allegiance. authorized by such Governor to administer such oath :

66

I, A. B., do sincerely promise and swear, that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, as lawful Sovereign of the United Kingdom of "Great Britain and Ireland, and of this colony of New South Wales, dependent on and

belonging to the said United Kingdom. So help me God."

XXXIV. The Legislative Council and Assembly shall be called together for the first time at some period not later than six calendar months next after the proclamation of this Act by the Governor of the said colony.

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Affirmation may be

XXXVI. Provided that every person authorizsed by law to make an affirmation made instead of oath. instead of taking an oath, may make such affirmation in every case in which an oath is

herein-before required to be taken.

And whensoever the demise of Her present Majesty (whom may God long preserve) or of any of her successors to the Crown of the said United Kingdom, shall be notified by the Governor of the colony to the said Council and Assembly respectively, the 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,

XXXVII. 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.

XXXVIII. Every bill which has been passed by the Legislative Council and Assembly, shall be presented for Her Majesty's assent to the Governor of the said colony, and the Governor in all bills relating to the local or municipal affairs of the said colony shall declare at once according to his discretion that he assents to such bill in Her Majesty's name, or, that he withholds Her Majesty's assent; and in all bills touching or affecting

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