APPENDIX TO CHAPTER II.

THE ACT OF 1842 FOR THE GOVERNMENT OF NEW SOUTH WALES AND VAN DIEMEN'S LAND.

5 and 6 Vic. cap. 76. July, 1842. (Selected and condensed clauses).

THE LEGISLATIVE COUNCIL.

I. There shall be within the colony of New South Wales a Legislative Council, and it shall consist of thirty-six members, and twelve of the members shall from time to time be appointed by Her Majesty, and twenty-four of the members shall from time to time be elected by the inhabitants of the colony.

ELECTORAL PROVISION.

II. The Legislature now established within the colony of New South Wales shall make all the necessary provisions for dividing the colony into electoral districts and for declaring the number of members to be elected for each district . . . provided that the district of Port Phillip shall return at least five members, the town of Sydney shall return two members, and the town of Melbourne shall return at least one member.

PROVISION FOR INCREASED

MEMBERSHIP.

IV. It shall be lawful for the Governor and Legislative Council to alter the divisions, to establish new divisions, and to increase the whole number of the Legislative Council. Provided always that such

number of the additional Councillors as is equal to one-third part of the whole increase, or if such increase shall not be exactly divisible by three, such whole number as is next greater, than one-third shall be appointed by Her Majesty, and the remaining additional members shall be elected by the inhabitants of the colony.

QUALIFICATIONS OF ELECTORS.

V. The elective members shall be chosen by the votes of the electors, each of whom shall be either in his own right seised of or entitled to an estate of freehold in possession in lands or tenements situate within the district for which such vote is to be given, of the clear value of £200 at the least, above all charges and incumbrances, or a householder occupying a dwelling house of declared annual value of £20.

DISQUALIFICATIONS.

VI. No person shall be entitled to vote at any such election unless he be of the full age of twenty-one years, a natural born subject of the Queen or naturalized, or shall hold letters of denization according to the law, and no person entitled to vote who shall have been attainted or convicted of treason, felony or infamous offence unless he shall have received a full pardon or one conditional on not leaving the colony, or shall have undergone the sentence or punishment.

QUALIFICATIONS OF MEMBERS.

VIII. No person shall be capable of being elected a member of the Legislative Council who shall not be of the full age of twenty-one years, a natural born subject or naturalized, who shall not be legally seised of an estate of freehold in lands and tenements in New South Wales of the yearly value of £100 or of the value of £2,000.

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ONE-HALF OF NOMINEES TO BE NONOFFICIAL.

XII. It shall be lawful for Her Majesty to nominate the non-elective members, provided that not more than one-half of the number of such nonelective members shall hold any office of emolument under the Crown within the colony.

DURATION OF APPOINTMENT.

XIV. Every non-elective member of the Legislative Council shall hold his seat for five years from the date of his appointment or until the Council shall be sooner dissolved.

ANNUAL SESSIONS.

XXI. There shall be a session of the Council once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the Council in one session and the first sitting of the Council in the next session, and that every Council shall continue for five years from the day of the return of the writs.

ELECTION OF A SPEAKER.

XXIII. The Legislative Council shall at its first meeting, and before proceeding to the dispatch of any other business, elect some one member of the Council to be Speaker thereof.

GOVERNOR EMPOWERED TO INTRODUCE MEASURES.

XXX. It shall be lawful for the Governor to transmit to the Council for its consideration the draft of any such laws which it may appear to the Governor desirable to introduce, and any amendments which he shall desire to be made in any bill presented to him for Her Majesty's assent, and such proposed laws shall thereupon be considered by the Council in like manner as if the same were bills which had originated therein.

APPROPRIATION OF REVENUE.

XXXIV. Subject to the provisions hereinafter contained the whole of Her Majesty's revenue within the colony shall be appropriated to the public service within the colony by ordinances enacted by the Governor with the advice and consent of the Legislative Council, and in no other manner, provided that it shall not be lawful for the Council to pass or the Governor to assent to any Bill appropriating to the public service any sum unless the Governor shall first have recommended to the Council, and make provision for the specific public service towards which such money is to be appropriated.

DISTRICT COUNCILS.

XLI. It shall be lawful for the Governor to incorporate the inhabitants of every county within the colony or such divisions as to him seem fit to form districts and to establish a Council in every such district for the local government thereof. Every such district Council shall be elective after the first nomination thereof. If the population in such districts be less than 7,000 souls the number of Councillors shall not be more than 8; if the population be 7,000 and less than 10,000, the number of Councillors shall not be more than 12; 10,000 and less. than 20,000, 15: 20,000 and upwards, 21. No district Councillor shall continue in office for more than three years unless re-elected.

POWERS OF DISTRICT COUNCILS.

XLII. It shall be lawful for the Councils in the districts to make orders and bye-laws for all or any of the following purposes:-Roads, streets, bridges, public buildings, providing means for defraying such expenses of or connected with the administration of justices and police within the district as are by law directed to be defrayed by the district or out of the district funds, establishment and support of schools, tolls, rates and penalties.

ONE-HALF OF THE COST OF MAINTENANCE OF POLICE TO BE BORNE BY DISTRICT COUNCIL.

XLVII. One-half of the expense of the police establishment shall be defrayed out of the general revenue within the colony, and the other half shall be defrayed by assessment upon the several districts of the colony in such proportions as shall be fixed by the Governor and the Legislative Council. It shall be lawful for the Governor to issue warrants directed to the Treasurer of the several district Councils requiring them within two calendar months to pay the sum assessed.

DISTRICT TREASURER'S RESPONSIBILITY.

XLVIII. The Treasurer of each district Council to whom any such warrant shall come shall pay the amount mentioned in the warrant out of any monies in his hands belonging to the district, or if there be no monies or an insufficient sum in his hands, the district Council shall assess and levy the amount by fair and equal rate upon all property within the district.

PROVISION FOR OBTAINING ARREARS OF SUCH REVENUE.

XLIX. If the amount ordered by such warrant to be paid by the Treasurer of any district shall not be paid within two calendar months after the receipt of the warrant to such persons as the Governor shall appoint to receive the same, it shall be lawful for the public Treasurer of the said colony, or other proper person appointed to issue his warrant for levying the amount or so much thereof as shall be in arrear with all costs and charges of such proceeding by distress and sale of the goods of the said Treasurer of the district and of all or any of the members of the said district Council, and if no sufficient distress can be thereby made, then by distress and sale of the goods of any of the inhabitants of the said district.