So much of

recited Act, &c. as relates to the Constitution

and Establish ment of Assem

blies, &c. in New Zealand suspended.

So much of

of Letters

6

Operation of the same, and of the said Letters Patent and Instructions, or any of them:' 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, That so much of the said Act, Letters Patent, and Instructions as relates to the Constitution and Establishment of Two or more separate Assemblies within the said Islands, and to the Constitution and Establishment of a General Assembly in and for the said Islands, and to the Powers, Rights, and Privileges of such Assemblies respectively, and to the Qualifications of the Members of such Assemblies, and to the Manner of their Election and Appointment, and to the Forms, the Transmission, and the Disallowance of Laws and Ordinances to be enacted by the said Assemblies respectively, and to the Appropriation of the Revenues arising from Laws of the General Assembly, shall be suspended for the Feriod of Five Years from the Day of the passing of this Act, unless Her Majesty, by and with the Advice of Her Privy Council, shall direct that the said Act, Letters Patent, or Instructions shall before the Expiration of that Period be carried into effect.

II. And whereas by the said first-mentioned Act another 3&4 Vict.c.62., Act passed in the Fourth Year of Her Majesty's Reign, and certain Letters Patent bearing Date the Sixteenth Day of 16th Nov. 1841, November in the same Year, and all Charters, Letters Patent,

Patent dated

and of Instruc

tions dated 5th

Dec. 1841, as relates to the Legislative Council, &c. revived during

the said

Suspension.

Instructions, and Orders in Council made and issued in pursuance of the last-mentioned Act, were repealed, abrogated, ⚫ and annulled as therein mentioned: And whereas by the said Letters Patent bearing Date the Sixteenth Day of November in the Fourth Year of Her Majesty's Reign, and by certain Instructions bearing Date the Fifth Day of December in the same Year, Her Majesty did amongst other things authorize the Governor for the Time being of the said Islands, and certain other Persons, to be a Legislative Council for the said Islands, and did require and enjoin that the said Legislative Council should, in pursuance of the last-mentioned Act, make and ordain all such Laws and Ordinances as might be required for the Peace, Order, and good Government of the said Islands: And whereas it is expedient to revive the Operation of the last-mentioned Act, Letters Patent, and Instructions, in so far as the same relate to the Legislative Council established or to be established under and by virtue of the last-mentioned Act, Letters Patent, and Instructions for the Time during which the said first-mentioned Act, Letters Patent, and Instructions continue to be suspended as aforesaid by virtue of this Act:' Be it therefore enacted, That the said Act, Letters Patent, and Instructions of the Fourth Year of Her Majesty's Reign, in so far as the same relate to the Legislative Council last aforesaid, and to the Constitution, Rights, Powers, Jurisdiction, and Authority of the same, shall be revived and be in full Force and Operation for the Time during which the first-mentioned Act, Letters Patent, and In

structions

structions continue to be suspended as aforesaid by virtue of this Act; and that during such Time the said Legislative Council shall have and exercise all the Rights, Powers, Jurisdiction, and Authority which it had or was invested with, or was to have or be invested with, under and by virtue of the last-mentioned Act, Letters Patent, and Instructions, or any of them, or any other Letters Patent or Instructions granted or issued, or to be granted or issued, under the last-mentioned Act; and that all Laws, Ordinances, Acts, and Things lawfully done by the said Legislative Council during such Suspension as aforesaid shall be and remain in full Force and Effect after and notwithstanding the Termination of such Suspension, until and unless they be hereafter repealed by competent Authority in that Behalf.

Governor-in

III. And be it enacted, That for the Time during which the Power to said first-mentioned Act, Letters Patent, and Instructions con- Chiefto increase tinue to be suspended as aforesaid by virtue of this Act it shall the Number of be lawful for the Governor-in-Chief of the said Islands, from Legislative Time to Time as he may think proper, but subject to the Dis- Council. allowance of Her Majesty as herein-after mentioned, to add to the Members of the said Legislative Council, and for that Purpose from Time to Time to summon and appoint such Person or Persons as he may think proper to be personally or by virtue of his or their Office Member or Members of such Legislative Council; and the said Legislative Council, with such additional Member or Members, and every Member thereof, shall have and exercise the same Rights, Powers, Jurisdiction, and Authority as the said Legislative Council or any Member thereof had or exercised before any Addition to the same was made.

Governor-in

IV. And be it enacted, That for the Time during which the Power to first-mentioned Act, Letters Patent, and Instructions continue Chief to constito be suspended as aforesaid by virtue of this Act it shall be tute Provincial lawful for the said Governor-in-Chief, by and with the Advice Legislative and Consent of the said Legislative Council, by Ordinance, if Councils. he shall think proper, to constitute within and for any of the Provinces into which the Islands of New Zealand, are now or may be hereafter divided a Provincial Legislative Council, to be appointed or elected or appointed and elected in such Manner and by such Person or Persons as by such Ordinance shall be provided in that Behalf; and the Provincial Legislative Council or Councils so constituted shall have all such Rights, Powers, Jurisdiction, and Authority as shall be granted in that Behalf to the said Provincial Legislative Council or Councils, or either of them, by such Ordinance and none other.

V. And whereas by the said first-mentioned Instructions the Power to Governor-in' said Governor-in-Chief was directed to divide certain Parts Chief to reguof the said Islands into Municipal Districts, and to constitute late Qualifica' within such Districts Municipal Corporations, consisting of a tion for BurMayor, Court of Aldermen, and Common Council, and of gesses in Burgesses possessing the Qualification prescribed by the said Districts. ⚫ first-mentioned Instructions in that Behalf: And whereas it is

6

6

expedient that the said Qualification should be subject to Regulation

C 3

Corporate

Power to

disallow any

Orders, &c. of the Governorin-Chief.

Regulation as herein-after mentioned:' Be it therefore enacted, That it shall and may be lawful for the said Governor-in-Chief, from Time to Time, by and with the Advice and Consent of the said Legislative Council, by Ordinance, to depart from the said first-mentioned Instructions in so far as the same relate to the Nature and Extent of the said Qualification, and to make and ordain such other or further Rules and Regulations with respect to the Nature and Extent of the Qualification for Burgesses in the said Municipal Districts or any of them, or in any particular Case, as the said Governor-in-Chief, by and with the like Advice and Consent, may think proper, any thing in the said first-mentioned Act, Letters Patent, or Instructions to the contrary notwithstanding.

VI. Provided always, and be it enacted, That it shall be Her Majesty to lawful for Her Majesty, if She shall think proper, from Time to Time to disallow any Order for Addition to the Number of the said Legislative Council, or any Ordinance for the Constitution of or relating to any Provincial Legislative Council, or with respect to the Qualification of Burgesses in any Municipal District; and in case of such Disallowance, upon the same being signified to the said Governor-in-Chief within the said Islands, the Order or Ordinance so disallowed shall be annulled to all Intents and Purposes whatsoever, except in so far as relates to any Law, Ordinance, Act, Matter, or Thing lawfully done under or by reason of the Order or Ordinance disallowed between the Date of such Order or Ordinance and the Signification of Disallowance as aforesaid.

Act to be construed with

9 & 10 Vict. c. 103.

Commencement of Act.

Act may be amended, &c.

VII. And be it enacted, That this Act, and the first-mentioned Act as altered by this Act, shall be read and construed together as One Act.

VIII. And be it enacted, That this Act shall take effect within the said Islands at the Expiration of Ten Days from the Day of the Proclamation thereof within the same.

IX. And be it enacted, That this Act may be amended or repealed by any Act to be passed in this Session of Parliament.

CAP. VI.

An Act to make further Provision for One Year, and to the End of the then next Session of Parliament, for the Carriage of Passengers by Sea to North America. [28th March 1848.] WHEREAS it is expedient to make further Provision respecting the Carriage of Passengers by Sea to certain Parts of North America and the Islands adjacent thereto, and for that Purpose to alter certain Provisions of an Act passed in the Session of Parliament held in the Fifth and 5&6 Vict. c. 107. Sixth Years of the Reign of Her present Majesty, intituled An Act for regulating the Carriage of Passengers in Merchant Vessels, and of an Act passed in the Session of Parliament

• held

6

Tonnage.

held in the Tenth and Eleventh Years of the Reign of Her present Majesty, intituled An Act to amend the Passengers Act, 10&11 Vict. and to make further Provision for the Carriage of Passengers by c.103. Sea: 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, That no Ship No Ship carrycarrying Passengers on any Voyage from any Port or Place in ing Passenthe United Kingdom, or in the Islands of Guernsey, Jersey, take more than gers allowed to Alderney, Sark, or Man, to any Port or Place on the Eastern a limited Num Coast of North America, or in the Islands adjacent thereto, or ber according in the Gulf of Mexico, shall proceed on such Voyage with or shall to Space and carry more Passengers on board than in the Proportion of One Passenger to every Two Tons of the registered Tonnage of such Ship; and that no such Ship shall, whatever be the Tonnage thereof, proceed on such Voyage with or carry more Passengers on board than in the following Proportion to the Space occupied by them and appropriated to their Use, and unoccupied by Stores not being the personal Luggage of the Passengers; (that is to say,) on the Deck upon which the Passengers live, One Passenger for every Twelve clear Superficial Feet, or on the Orlop Deck, if any, One Passenger for every Thirty such Superficial Feet; and that if any Ship carrying Passengers upon any such Voyage as aforesaid shall carry any Person or Passenger beyond such Proportions, or any of them, the Master of the Ship shall, for and in respect of every Person or Passenger constituting such Excess, be liable to the Payment of a Penalty not exceeding Five Pounds Sterling.

puted as One

ing a certain

II. And be it enacted, That in computing the aforesaid Pro- Two Children portions Two Children, each being under the Age of Fourteen under a certain Years, shall be computed as One Person or Passenger, and that Age to be comChildren under the Age of One Year shall not be included in Passenger. such Computation. III. And be it enacted, That no Ship carrying One hundred No Ship carryor more Passengers shall clear out or proceed on her Voyage unless there shall be on board a Ship's Cook approved by the Emigration Officer at the Port of Clearance, and engaged for the Purpose of cooking the Food of the Passengers, nor unless a convenient Place shall have been set apart, and a sufficient Apparatus provided for that Purpose, to the Satisfaction of the said Emigration Officer; and if any Ship shall proceed on her Voyage, not having on board such Ship's Cook and cooking Apparatus as herein is required, the Master of the said Ship shall be liable to a Penalty not exceeding Fifty Pounds.

Number of Passengers to proceed on her Voyage with

out a Ship's Cook.

IV. And be it enacted, That whenever any Ship shall carry Ships carrying One hundred or more Passengers on any such Voyage as afore- Passengers to said, there shall be on board a Surgeon duly qualified as herein- have a duly qualified Surafter mentioned, or in default thereof it shall not be lawful for any such Ship to carry more Passengers on the Deck upon which else Number the Passengers live than in the Proportion of One Passenger to every Fourteen Superficial Feet so occupied and appropriated as aforesaid.

geon on board,

to be limited.

When limited, how Children

to be calculated.

Qualification of Surgeon.

No Ship to proceed until the Medicine

Chest and Pas

sengers have

been inspected

by a Medical Practitioner.

V. And be it enacted, That in the Calculation of such Proportion every Child above the Age of One Year shall be computed as One Passenger.

VI. And be it enacted, That every such Surgeon as aforesaid shall be a Person duly qualified by Law to practise in the United Kingdom as Physician, Surgeon, or Apothecary, and who shall not be objected to by the said Emigration Officer.

VII. And be it enacted, That, except as herein-after provided, no Ship shall clear out or proceed on any such Voyage as aforesaid, until the said Surgeon, or, in case of Ships not carrying Surgeons, until some Medical Practitioner, to be appointed by the said Emigration Officer, shall have inspected as well the Medicine Chest of the said Ship as the Passengers on board, and shall certify to the said Emigration Officer that the said Ship contains a sufficient Supply of Medicines, Instruments, and other Things requisite for the Medical Treatment of the Passengers during the intended Voyage, and that none of the Passengers appear to him likely, by reason of being affected by any infectious or other Discase, to endanger the Health of the Remuneration Persons on board: Provided always, that the Master, Owner, or Charterer of every Ship inspected by any Medical Practitioner so appointed as aforesaid shall pay to such Medical Practitioner a Sum, to be fixed by the said Emigration Officer, not exceeding If no Medical Twenty Shillings for every Hundred Passengers: Provided also, that in case on any particular Occasion it shall be deemed by the Emigration Officer impossible to obtain the Attendance of such Medical Practitioner, it shall be lawful for the Master of any such Ship to clear out and proceed on her Voyage, on receiving from the said Emigration Officer written Permission for the Purpose.

of Medical Practitioner.

Practitioner

can be obtained Ship may proceed by Permission of

Emigration

Officer.

Passengers affected with

Diseases may be re-landed.

VIII. And be it enacted, That in case any such Surgeon or Medical Practitioner shall notify to the Emigration Officer at the original Port of Clearance, or at any other Port or Place in the United Kingdom into which the Vessel may subsequently put, or in case the said Emigration Officer shall be otherwise satisfied, that any Person about to proceed on such Voyage as aforesaid is likely, by reason of being affected by any infectious or other Disease, to endanger the Health of the other Persons on board, it shall be lawful for such Officer to re-land, or cause to be re-landed, any such Person, and such Members of his Family, if any, as may be dependent on him, or as may be unwilling to be separated from him; and no Ship shall be cleared out or proMaster wilfully ceed on any such Voyage so long as any such Person or Persons shall be on board, and the Master of any such Ship who shall wilfully proceed on the said Voyage with any such Person or Persons on board shall be liable to a Penalty not exceeding Fifty Pounds Sterling.

Penalty on

proceeding on Voyage with diseased Per sons on board.

Passengers so

Passage Money

IX. And be it enacted, That any Person or Persons who shall re-landed en- be so re-landed as aforesaid, or the Emigration Officer on his or titled to recover their Behalf, shall be entitled to recover by summary Process, by summary before Two or more Justices of the Peace, in like Manner as in Process before the said first-recited Act is provided in the Cases of Monies thereby

Two Justices.