APPENDIX TO CHAPTER III.

THE ACT OF 1855.

18 and 19 Vic. cap. 54. July, 1855.

To enable Her Majesty to assent to a Bill as 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.

[The Act gives power to Her Majesty to assent to a Bill in the Schedule from which the clauses below are taken.]

A BICAMERAL LEGISLATURE.

I. There shall be in place of the Legislative Council now subsisting, one Legislative Council and one Legislative Assembly to be constituted in the manner hereinafter prescribed and within the colony of New South Wales, Her Majesty shall have power by and with the advice and consent of the said Council and Assembly to make laws for the peace, welfare, and good government of the colony, provided that all Bills for appropriating any part of the public revenue, for imposing any new rate, tax, or impost, shall originate in the Legislative Assembly of the colony.

COUNCIL NOMINATED BY THE CROWN.

II. For the purpose of composing the Legislative Council of New South Wales, Her Majesty shall authorise the Governor, with the advice of the Executive Council to summon to the said Legislative Council, such persons being not fewer than twenty-one as the Governor and Executive Council shall think fit . . . and from time to time to summon to the Legislative Council such other persons as the

Governor and Executive Council shall think fit . . . no person shall be summoned to the Legislative Council who shall not be of the full age of twentyone years, a natural born subject of Her Majesty, or naturalised; provided also that not less than fourfifths of the members shall consist of persons not holding any office of emolument under the Crown except officers of Her Majesty's sea and land forces on full or half-pay or retired officers on pension.

DURATION OF MEMBERSHIP.

III. The members of the first Legislative Council shall hold their seats for five years; but all future members who shall be summoned thereto after the expiration of the said five years shall hold their seats therein for the term of their natural lives, subject nevertheless to the provisions hereinafter contained for vacating the same, and for altering and amending the future Constitution of the colony. [Resignation, absence without leave for two consecutive sessions, allegiance to a foreign State, insolvency, treason, felony, or infamous crime terminates membership.] SOUTHERN BOUNDARY OF NEW SOUTH WALES MORE DEFINITELY SPECIFIED.

V. And whereas by the Act of the 14th year of Her Majesty, chapter 59, it is enacted that the territories therein described as bounded on the north and northeast by a straight line drawn from Cape Howe to the nearest source of the River Murray, and thence by the course of that river to the eastern boundary of the colony of South Australia should be erected into a separate colony to be known and designated as the colony of Victoria: and whereas doubts have been entertained as to the true meaning of the said description of the boundary of the said colony, it is hereby declared and enacted that the whole watercourse of the said River Murray, from its source therein described to the Eastern boundary of the colony of South Australia is and shall be within the

THE FIRST NEW SOUTH WALES MINISTRY

Reading from left to right-Thomas Holt (Colonial Treasurer), William Montagu Manning (Attorney-General), Stuart Alexander Donaldson (Premier and Colonial Secretary), John Bayley Darvall (Solicitor-General), George Robert Nichols (Auditor-General)

territory of New South Wales. . . . Provided that it shall be competent for the Legislatures of the said two colonies by laws passed in concurrence with each other to define in any different manner the boundary line of the said two colonies along the course of the River Murray and to alter the other provisions of this section.

THE PRESIDENT OF THE COUNCIL.

VII. The Governor shall have power and authority from time to time to appoint one member of the Legislative Council to be President thereof, and to remove him and appoint another in his stead.

LEGISLATIVE ASSEMBLY.

X. The Legislative Assembly shall for the present consist of fifty-four members to be elected by the inhabitants having any of the qualifications mentioned in the next section.

QUALIFICATIONS OF ELECTORS.

XI. [Qualifications of elector:-Twenty-one years of age; natural born or naturalised; six months' residence; owner of £100 freehold, or householder, or leaseholder paying £10 rent per annum, or a pasture license holder, or one earning a salary of £100, or occupying a room for a rental of £10, or paying £40 for board and lodging.]

XV. It shall be lawful to alter the system of representation.

QUALIFICATIONS OF MEMBERS.

XVI. Any person who is absolutely free and is qualified and registered as a voter, shall be qualified to be elected as a member of the Legislative Assembly for any electoral division.

DISQUALIFICATION.

XVIII. Any person holding any office or profit under the Crown or having a pension from the Crown

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