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any imperial subject, the Governor shall declare according to his discretion, but subject nevertheless to the provisions contained in this Act, and to such instructions as may from time to time be given in that behalf by Her Majesty, her heirs or successors, that he assents to such bill in Her Majesty's name, or that he withholds her Majesty's assent. or that he reserves such bill for the signification of Her Majesty's pleasure thereon.

NEW SOUTH
WALES.

XXXIX. Whenever any bill affecting any imperial subject which shall have been Disallowance of bills presented for Her Majesty's assent to the Governor of the colony, shall by such Governor Assented to, have been assented to in Her Majesty's name, the Governor shall by the first convenient opportunity transmit to one of Her Majesty's Principal Secretaries of State, an authentic copy of such bill so assented to; and it shall be lawful at any time within six calendar months after such bill shall have been so received by the Secretary of State, for Her Majesty by Order in Council to declare her disallowance of such bill, and such disallowance together with a certificate under the hand and seal of the Secretary of State, certifying the day on which such bill was received as aforesaid, being signified by the Governor to the Legislative Council and Assembly of the said colony, by speech or message to the said Council, or by proclamation in the New South Wales Government Gazette, shall make void and annul the same from and after the day of such signification.

XL. No bill which shall be so reserved for the signification of Her Majesty's pleasure Reserved bill not to thereon shall have any force or authority within the said colony until the Governor shall have force until Gosignify either by speech or message to the said Legislative Council and Assembly, or by Her Majesty's assent vernor shall signify proclamation that such bill has been laid before Her Majesty in Council, and that Her thereto. Majesty has been pleased to assent to the said bill; and no bill which shall be so reserved as aforesaid, shall have any force or authority in the said colony unless Her Majesty's assent thereto shall have been so signified as aforesaid, within the space of eighteen calendar months from the day on which such bill shall have been presented for Her Majesty's assent to the Governor as aforesaid.

bills or assent to

made in Journals.

Legislature, as constructed by this Act, empowered to alter any of its provisions.

XLI. In either of the cases mentioned in the last two preceding clauses an entry shall Entry of Messager be made in the journals of the said Legislative Council and Assembly of every such Proclamation notifyspeech, message, or proclamation, and a duplicate thereof, duly attested, shall be delivered ing disallowance of to the Registrar of the Supreme Court, or other proper officer, to be kept among the reserved bills to be records of the said colony. XLII. Notwithstanding anything herein-before contained the legislature of the said colony as constituted by this Act 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, 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.

XLIII. It shall be lawful for Her Majesty with the advice of Her Privy Council, or Governor in certain under Her Majesty's Signet and Sign Manual, through one of her Principal Secretaries of cases to conform to Her Majesty's instrucState, from time to time to convey to the Governor of New South Wales such instruc- tions. tions as to Her Majesty shall seem meet for the guidance of such Governor in the exercise of the powers hereby invested in him of assenting to or dissenting from, or for reserving for the signification of Her Majesty's pleasure, bills to be passed by the said Legislative Council and Assembly, affecting any imperial subject, and so that such instructions do not in any way fetter the Governor's discretion in giving or refusing Her Majesty's assent to bills of mere local or municipal concernment.

XLIV. The appointment to all public offices under the government of the colony hereafter to become vacant or to be 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.

Appointment to offices under the Government vested in the Governor.

of the Colony to be

offices during their

XLV. The commissions of the present Judges of the Supreme Court of the said colony, Judges continued in and of all future Judges thereof, shall be, continue, and remain in full force during their the enjoyment of their good behaviour, notwithstanding the demise of Her Majesty, (whom may God long good behaviour notpreserve,) or of her heirs and successors, any law, usage, or practice to the contrary withstanding any dethereof in anywise notwithstanding.

Imise of the Crown.

XLVI. It shall be lawful, nevertheless, for Her Majesty, her heirs or successors, to But they may be remove any such Judge or Judges upon the address of both Houses of the Legislature of removed by the Crown this colony.

on the address of Parliament.

NEW SOUTH

XLVII. Such salaries as are settled upon the judges for the time being by Act of ParWALES. liament, or otherwise, and also such salaries as shall or may be in future granted by Her Their salaries secured Majesty, her heirs, and successors, or otherwise, to any future judge or judges of the said during the continuance Snpreme Court, shall in all time coming be paid and payable to every such judge and of their Commissions. 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.

Existing Law saved.

Courts of Justice,

&c.

XLVIII. All laws, statutes, and ordinances which at the time 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.

XLIX. All the courts of civil and criminal jurisdiction within the said colony, and all Commissions, Officers, charters, legal commissions, powers and 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.

Legislature empowered

to make laws regulating sale and other disposal of Waste Lands.

Duties not to be levied nor any duties incon

on supplies for troops,

sistent with treaties.

Customs duties may be

imposed not differential though contrary to existing Acts of Parliament.

Boundaries of the
Colony.

Boundaries of the
Cclonies of N. S.
Wales, Victoria, and
South Australia, not
to be altered without
Legislative sanction

of the Colony parting
with its territory.

Clauses.

L. 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.

LI. 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.

LII. 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.

LIII. 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.

LIV. No alteration, except as is provided in the last preceding clause, shall take place in the boundaries of the respective colonies of New South Wales, Victoria, or South Australia, unless the assent of the colony losing any portion of its territory by such alienation shall be expressed in some legislative provision of such colony.

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 Preamble to Civil List 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, 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 further enacted as follows:

NEW SOUTH
WALES.

dated revenue fund.

LV. All taxes, imposts, rates, and duties, and all territorial, casual, and other revenues All duties and reveof the Crown (including Royalties) from whatever source arising within this colony, nues to form consoliand 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.

LVI. 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.

Such fund permanently charged with expenses

of collection.

LVII. There shall be payable in every year to Her Majesty, her heirs and successors, Civil List of £64,300 out of the Consolidated Revenue fund of this colony, the several sums not exceeding in payable to Her Majesty. 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.

LVIII. The said several sums mentioned in schedules A, B, and C, shall be accepted Civil List to be a and taken by Her Majesty, her heirs and successors, by way of civil list, instead of all companied by surrenterritorial, casual, and other revenues of the Crown (including all royalties) from what- der of all Revenues of ever source arising within the said colony, and to the disposal of which the Crown may be entitled either absolutely or conditionally, or otherwise howsoever.

the Crown.

LIX. Not more than four thousand five hundred and fifty pounds in each year shall be Pensions payable to payable for pensions to the judges of the supreme court, out of the sum set apart for Judges of Supreme

Court.

officers.

pensions in the said Schedule B; and not more than five thousand nine hundred pounds Pensions payable to in each year shall be payable by way of pension or retiring allowance for the present certain officers liable to incumbents of any office or department mentioned in the said Schedule B, who, on poli- removal from office on tical grounds, may retire or be released from any such office or department: Provided political grounds. always, that pensions shall be demandable by such judges, to the amount of seven-tenths Provisoes in reference of their actual salaries on permanent disability or infirmity, or after fifteen years service to Judges and such 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 of 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.

Pensions to certain
liable to removal upon
political grounds.
To be regulated by
Superannuation Act,

other officers not

LX. Not more than three thousand five hundred pounds in each year shall be payable Superannuation 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.

LXI. 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.

4 & 5 William IV..

Consolidated Revenue
Act of the Legislature.
to be appropriated by
Debenture or any
any other charges on
Fund not to be affected
by such consolidation

Consolidated Revenue

NEW SOUTH
WALES.

No money vote or

bill lawful unless recommended by Governor.

No part of Public

Revenue to be issued

except on warrants from Governor.

Proclamation and

LXII. It shall not be lawful for the Legislative Assembly to originate or pass any vote, resolution, or bill, for the appropriation of any part of the said consolidated revenue fund, or of any other tax or impost to any purpose which shall not have been first recommended by a message of the Governor to the said Legislative Assembly, during the session in which such vote, resolution, or bill, shall be passed.

LXIII. No part of Her Majesty's revenue in the said colony, arising from any of the sources aforesaid, shall be issued, or shall be made issuable, except in pursuance of warrants under the hand of the Governor of the colony directed to the public Treasurer thereof.

LXIV. This Act shall be proclaimed in New South Wales by the Governor thereof, commencement of Act. within one calendar month after official information of the Royal Assent thereto shall have been received by such Governor, and shall take affect within the said colony from the day of the proclamation thereof.

Interpretation of term "Governor."

Provisions of this Act

so much of 13 & 14

Vict., cap. 59;

and so much also of

5 & 6 Vict., cap. 76;

LXV. In the construction of this Act, the term "Governor" shall mean the person for the time being lawfully administering the government of the colony of New South Wales.

LXVI. The foregoing provisions of this Act shall have no force or effect until so much to have no force until and such parts of the Act of the Parliament of the United Kingdom of Great Britain and Ireland, passed in the thirteenth and fourteenth years of Her Majesty's reign, intituled, "An Act for the better government of the Australian Colonies," and the first, second, and third parts of the Schedule A, therein referred to; and of another Act passed in the fifth and sixth years of Her Majesty's reign, intituled, "An Act for the government of New South Wales and Van Diemen's Land," and of another Act passed in the said 5 & 6 Vict., cap. 36; fifth and sixth years of Her Majesty's reign, intituled, "An Act for Regulating the Sale of Waste Land belonging to the Crown in the Australian Colonies," and of another Act passed in the eighth year of Her Majesty's reign, intituled, " An Act to clear up doubts as to the regulation and audit of the Customs of New South Wales," and of another Act passed in the same year, intituled, "An Act to explain and amend the Act for the Government of New South Wales and Van Diemen's Land," and of another Act passed in the ninth year of the reign of His late Majesty King George the Fourth, intituled, "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," and of another Act passed in the ninth and tenth years of Her Majesty's reign, intituled, "an Act to amend an Act for regulating and 9 & 10 Vict., cap. « the sale of waste land belonging to the Crown in the Australian colonies, and to make

and of 7 & 8 Vict., cap. 72;

7 & 8 Vict. cap. 74. ;

9 Geo. IV., cap. 83;

104:
as relates to this

Colony, and is re-
pugnant to reserved
bills, be repealed.

And the entire management of Crown

Lands and all revenues thence arising be vested in the Local Legislature.

"further provision for the management thereof," as severally relate to the colony of New South Wales, and as are repugnant to this Act, shall have been repealed; and the entire management and control of the waste lands belonging to the Crown in the said colony of New South Wales, and also the appropriation of the gross proceeds of the sales of any such lands, and of all other proceeds and revenues of the same, from whatever source arising within the said colony, including all Royalties, mines, and minerals, shall be vested in the Legislature of the said colony: Provided that nothing herein contained shall affect or be construed to affect any contract, or to prevent the fulfilment of any promise or engagement made by or on behalf of Her Majesty, with respect to any lands situate within the said colony in cases where such contracts, promises, or engagements shall have been lawfully made, before the time at which this Act shall take effect within this colony, nor to disturb or in any way interfere with or prejudice any vested or other 9 & 10 Vict., cap. 104 rights which have accrued or belong to the licensed occupants or lessees of any Crown

This provision not to affect any previous contracts of Her

Majesty respecting any such lands, nor any vested rights which

have arisen under

nor any vested right

or interest which has

accrued under any Order of Council issued by Her Majesty in Council in pursuance thereof.

lands within or without the settled districts, under and by virtue of the aforesaid Act of the Parliament, passed in the ninth and tenth years of Her Majesty's reign, or of any order or orders of Her Majesty in council, issued in pursuance thereof.

Passed the Legislative Council, this twenty-first day of December, one thousand eight hundred and fifty-three.

CHARLES NICHOLSON,

Speaker.

W. MACPHERSON,

Clerk of the Council.

In the name and on the behalf of Her Majesty I reserve this Bill for the signification thereon of Her Majesty's pleasure.

Government House, Sydney, December 22, 1853.

CHAS. A. FITZ ROY,
Governor-General.

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Pensions to Judges on their ceasing to hold office. (Until demandable and claimed, this amount, or any unclaimed portion of it to revert to the Consolidated Revenue Fund)

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Pensions to existing Officers of the Government, liable on political grounds to retire or be released from office, upon their retirement or release. (Upon the demise of these officers, or until their retirement or release, their respective pensions, or this amount, (as the case may be) to revert to the Consolidated Revenue Fund)

Pensions to officers of government, not liable on political grounds to retire or be released from office, according to the scales and rates fixed by the Superannuation Act of the Imperial Parliament, 4 & 5 Wm. IV., c. 24. (Any portion of this fund which may not be drawn during any year, to revert to the Consolidated Revenue Fund)

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Public worship

SCHEDULE C.

£ 8. d. 28,000 9 0

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