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Her Majesty

porations in the Islands of

New Zealand.

would interfere with, or would prevent the Operation of this present Act.

II. And be it enacted, That it shall be lawful for Her Majesty, may by Letters in and by any Letters Patent hereafter to be issued under the Patent establish Great Seal of the United Kingdom, from Time to Time to conMunicipal Corstitute and establish within any District or Districts of the Islands of New Zealand One or more Municipal Corporation or Corporations, and to grant to any such Corporations all or any of the Powers which, in pursuance of the Statutes in that Behalf made and provided, it is competent to Her Majesty to grant to the Inhabitants of any Town or Borough in England and Wales incorporated in virtue of such Statutes, or any of them, and to qualify and restrict the Exercise of any such Powers in such and the same Manner as by the Statutes aforesaid, or any of them, Her Majesty may qualify or restrict the Exercise of any such Powers as aforesaid in England.

Her Majesty may by Letters Patent divide the Islands into

Provinces, and

establish separate Assemblies.

Legislative Councils to be appointed by

Her Majesty ; House of Representatives to be elected by Corporations.

III. And be it enacted, That it shall be lawful for Her Majesty, in and by any Letters Patent hereafter to be issued under the Great Seal of the United Kingdom, from Time to Time to divide the said Islands of New Zealand into Two or more separate Provinces, and to constitute and establish within the same Two or more separate Assemblies; (that is to say,) One such Assembly in and for each of such separate Provinces, and that each of the said Assemblies shall consist of and be holden by a Governor, a Legislative Council, and a House of Representatives.

IV. And be it enacted, That each of the said Legislative Councils, when such Legislative Councils shall be constituted, shall consist of such Persons as Her Majesty shall for that Purpose appoint; and that the Members of each of the said Houses of Representatives shall be elected by the respective Mayors, Aldermen, and Common Councils of the several Municipal Corporations aforesaid, situate within the Limits of the Government for which each of the said Houses of Representatives respectively shall be so elected, and that such Elections shall take place in such Manner and Form and under such Regulations as shall for that Purpose be prescribed in any such Letters Patent as aforesaid. Assemblies may V. And be it enacted, That it shall be competent for any such make Laws, &c. Assembly so to be constituted and established within the Islands for the Govern- of New Zealand, and they are hereby authorized and empowered (save as herein-after is excepted), to make and enact Laws, Statutes, and Ordinances for the Peace, Order, and good Govern

ment of the Province for

which they are

constituted.

Her Majesty

may by Letters Patent establish

a General Assembly for the Islands.

ment of such Parts of the said Islands as shall be within the Limits of any separate Province for which any such Assembly shall be so constituted and established as aforesaid, such Laws not being repugnant to the Laws of the United Kingdom aforesaid, or to the Laws of the General Assembly herein-after mentioned.

VI. And be it enacted, That it shall be lawful for Her Majesty, in and by any such Letters Patent as aforesaid, to constitute and establish a General Assembly in and for the Islands of New Zealand, to be called the General Assembly of New Zealand, which said General Assembly shall consist of and be holden by the Governor in Chief of the said Islands, and a Legislative Council,

and

and a House of Representatives; and that the said Legislative Council shall consist of such Persons as Her Majesty shall for that Purpose appoint; and that the said House of Representatives shall consist of Members of the respective Houses of Representatives of the several Provinces into which the said Islands may in manner aforesaid be divided, which Members so to serve in the said General Assembly shall be elected, nominated, and appointed by such Persons, and in such Manner and Form, and upon and subject to such Rules and Conditions, as Her Majesty by any such Letters Patent as aforesaid shall direct.

General Assembly may make certain

Laws for the

VII. And be it enacted, That it shall be competent to the said General Assembly of the New Zealand Islands, and they are hereby authorized and empowered, to make and enact such Laws, Statutes, and Ordinances as may be required for all or any of the Regulation of Purposes after mentioned; (that is to say,) first, for the Regula- the Islands. tion of all Duties of Customs to be imposed on the Importation or Exportation of any Goods at any Port or Place in the New Zealand Islands; and secondly, for the Establishment of a General Supreme Court, to be a Court of original Jurisdiction or of Appeal from any of the Superior Courts of any such separate Provinces as aforesaid; and thirdly, for determining the Extent of the Jurisdiction and the Course and Manner of Proceeding of such General Supreme Court; and fourthly, for regulating the current Coin of the said Islands, or the Issue therein of any Bills, Notes, or other Paper Currency; and fifthly, for determining the Weights and Measures to be used therein; and sixthly, for regulating the Post Offices within and the Carriage of Letters between different Parts of the said Islands; and seventhly, for establishing general Laws of Bankruptcy and Insolvency to be in force throughout the same; and eighthly, for the Erection and Maintenance of Beacons and Lighthouses on the Coasts of the said Islands; and ninthly, for the Imposition of any Dues or other Charges on Shipping at any Port or Harbour within the same.

Laws of General Assembly to supersede those enacted by separate Provinces.

If Questions arise as to the Power, &c. of

VIII. And be it enacted, That the Laws so to be enacted as aforesaid, for any of the Purposes aforesaid, by the said General Assembly of the New Zealand Islands, shall control and supersede therein any Laws, Statutes, or Ordinances in anywise repugnant thereto which may be enacted by the Assemblies of any such separate Provinces as aforesaid; and that if any Questions shall arise regarding the Limits of the Authority and Jurisdiction of the said General Assembly of the New Zealand Islands, and General Asthe Authority and Jurisdiction of the said other Assemblies, all sembly, Her Courts, Officers of Justice, and others shall conform and give Majesty to deEffect to the Decision of the said General Assembly of the New termine same. Zealand Islands on any such Question, until the Decisions thereon of Her Majesty in Council shall have been made known and promulgated within the said Islands, by which Decision any such Questions as aforesaid shall thenceforward be determined within the same.

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IX. And whereas the immediate or early Establishment of Until 31st Dec. any Assembly within certain Parts of the Island of New Ulster 1854 the

may be inexpedient, by reason of the unsettled State of the Charter, &c. of native Inhabitants thereof;' be it therefore enacted, That it shall

9 & 10 VICT.

U u

be

16th Nov. 1841

in force.

relating to New be lawful for Her Majesty, by any such Letters Patent as aforeUlster to remain said, to maintain in force within such Parts of the said Island of New Ulster as to Her Majesty shall seem meet, until any Period not later than the Thirty-first Day of December One thousand eight hundred and fifty-four, the said Charter or Letters Patent of the Sixteenth Day of November in the Fourth Year of Her Majesty's Reign, and the Legislature constituted under the said Letters Patent; and so long as such last-mentioned Legislature shall be so maintained the said General Assembly of the New Zealand Islands shall be composed in the Manner and shall exercise the Powers herein-before mentioned, save only that such and so many Members of the Legislature of such Parts as aforesaid of the said Island of New Ulster as Her Majesty shall for that Purpose be pleased to appoint shall, in virtue of such an Appointment, be Members of the House of Representatives of the said General Assembly of the New Zealand Islands: Provided always, that the Number of Members so appointed shall never constitute a Majority of the said House of Representatives of the said General Assembly of the New Zealand Islands.

Laws of aboriginal or native Inhabitants to be maintained, where not repugnant to Principles of Humanity.

Her Majesty by
Letters Patent

to make and

prescribe Rules and Regulations for Municipal Districts.

6

X. And whereas it may be expedient that the Laws, Customs, ' and Usages of the aboriginal or native Inhabitants of New Zealand, so far as they are not repugnant to the general Principles of Humanity, should for the present be maintained for the 'Government of themselves in all their Relations to and Dealings with each other, and that particular Districts should be set apart within which such Laws, Customs, or Usages should be so observed;' be it enacted, That it shall be lawful for Her Majesty, by any such Letters Patent as aforesaid, to make Provision for the Purposes aforesaid; any Repugnancy of any such native Laws, Customs, or Usages to the Law of England, or to any Law, Statute, or Usage in force in the said Islands of New Zealand, or in any Part thereof, in anywise notwithstanding.

XI. And be it enacted, That it shall be lawful for Her Majesty, by any such Letters Patent as aforesaid, to make and prescribe all such Rules as to Her Majesty shall seem fit for determining the Extent and Boundaries of the Districts to be comprised within any such Municipal Corporations as aforesaid, and for regulating the Choice and Election of the various Officers of any such Corporations, and of the Members of the governing Bodies thereof, and for ascertaining the Qualifications of the Members of any such Municipal Corporations or Assemblies or General Assembly as aforesaid, and for determining the Length of Time for which every such Assembly or General Assembly shall be holden from the Time of the Election of the Members of the said Houses of Representatives, and how and by what Authority the same shall be dissolved or prorogued, and for prescribing the Oaths to be taken or the Affirmation to be made by the Members of the said Corporations, Assemblies, or General Assembly, or any of them, before entering on the Discharge of the Duties of their respective Offices, and for prescribing the Course of Proceeding to be followed in the said respective Assemblies and in the said General Assembly in regard to the Enactment of Laws, Statutes, and Ordinances therein, and for determining in what Cases the Governor in Chief for the Time being of the Islands of New Zealand,

or

or the Governor for the Time being of any other such separate Provinces as aforesaid, shall, in the Name and on the Behalf of Her Majesty, assent to any such Laws, Statutes, or Ordinances, or reserve the Signification of Her Majesty's Pleasure thereon, together with all such Rules as shall be necessary for determining the Effect of the Disallowance by Her Majesty of any such Law, Statute, or Ordinance, although not so reserved as aforesaid, together with all such other Rules, not being repugnant to this present Act, as it may seem to Her Majesty necessary to make and establish for carrying into full Effect the Purposes and Objects

thereof.

XII. And be it enacted, That it shall be lawful for Her Majesty, by any such Letters Patent as aforesaid, to appropriate and set apart, from and out of the Revenues of any such separate Provinces as aforesaid, by way of Civil List, for the Maintenance of the Administration of Justice, and the principal Officers of the Civil Government, or of such separate Provinces as aforesaid, such Sums of Money as shall not exceed Six thousand Pounds by the Year in any one of the said separate Governments : Provided always, that if by any Law, Statute, or Ordinance hereafter to be enacted in and by any such Assembly as aforesaid, and assented to by Her Majesty, Provision shall be made for settling on Her Majesty a Civil List in substitution for the beforementioned Civil List, then and in that Case so much of this Act as relates to the before-mentioned Civil List shall cease to be of any Force and Effect within the Province in and for which any such Law, Statute, or Ordinance shall so have been enacted.

XIII. And be it enacted, That it shall be lawful for Her Majesty, by such Letters Patent as aforesaid, to prohibit the Grant or Appropriation of any public Money by either of the said Assemblies, or by the said General Assembly, in any Case in which such Grant or Appropriation shall not first have been recommended by Her Majesty or on Her Majesty's Behalf, with a view to or in aid of some specific public Service to be performed within the said Provinces respectively, or within the said Islands of New Zealand collectively.

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XIV. And whereas it may be convenient that some of the Powers hereby vested in Her Majesty should by Her Majesty be 'executed, not by means of such Letters Patent as aforesaid, but by Instructions under Her Majesty's Signet and Sign Manual ' approved in Her Privy Council, and accompanying or referred to in such Letters Patent: And whereas it may also be convenient that the Exercise of some of the Powers aforesaid, 'should by Her Majesty be delegated to the Governor in Chief of the New Zealand Islands for the Time being, or to the respec'tive Governors of the said respective Provinces for the Time being, and that it should be competent to Her Majesty from Time to Time to amend, and for that Purpose to add to, or if 'necessary to repeal, any such Letters Patent or Instructions as 'aforesaid;' be it therefore enacted, That it shall be lawful for Her Majesty to execute any of the Powers hereby vested in Her Majesty, not by means of such Letters Patent as aforesaid, but by such Instructions as aforesaid; and that it shall be lawful for Her Majesty, by any such Letters Patent or Instructions, to deleU u 2

gate

Her Majesty may appropriate and set apart out of the Revenues of

any separate

Province a Sum of Money for the Maintenance of

the Civil Government.

Grants of

Money made by the Assemblies, not having been first recommended by Her Majesty, prohibited.

Certain Powers vested in Her Majesty may be delegated to Governors of the New Zealand Islands.

Letters Patent issued under

this Act to be published in the London Gazette, and laid before Parliament.

Who are to be deemed Go

and Governor

of a Province.

gate to such Governor in Chief, or to such respective Governors as aforesaid, the Exercise of such of the Powers aforesaid as it may seem meet to Her Majesty so to delegate, and to prescribe the Manner and Form in which, and the Conditions subject to which, such delegated Authority shall so be exercised; and that it shall also be lawful for Her Majesty from Time to Time to amend, and for that Purpose to add to, or if necessary to repeal, any such Letters Patent or Instructions as aforesaid.

XV. Provided always, and be it enacted, That all Letters Patent and Instructions which may be issued by Her Majesty in pursuance of this present Act shall be published in the London Gazette, and shall be laid before both Houses of Parliament within One Calendar Month from the Day of the Date thereof, if Parliament shall then be in Session, and if not then within One Calendar Month next after the Commencement of the then next ensuing Session of Parliament; provided also, that no such Letters Patent or Instructions as aforesaid, which may be issued at any Time subsequently to the Thirty-first Day of December _One thousand eight hundred and forty-seven, shall be of any Force or Effect until the Lapse of Six Calendar Months next after the same shall have been so laid before Parliament, in so far as the Object of the same may be to amend, add to, or repeal any other Letters Patent or Instructions which may theretofore have been issued in pursuance hereof for the Purposes aforesaid, or for any of them.

XVI. And be it enacted, That for the Purpose of this present Act the Officer for the Time being administering, in virtue of vernor in Chief Her Majesty's Commission for that Purpose, the general Government of the Islands of New Zealand shall be considered as the Governor in Chief of New Zealand; and that the Officer for the Time being administering, in virtue of Her Majesty's Commissions for that Purpose, the respective Governments of any such separate Province as aforesaid shall be considered as the Governor of such Province.

Act may be amended, &c.

5 & 6 Vict. c.36.

XVII. And be it enacted, That this Act may be amended or repealed in this present Session of Parliament.

CA P. CIV.

An Act to amend an Act for regulating the Sale of Waste
Land belonging to the Crown in the Australian Colonies,
and to make further Provision for the Management
thereof.
[28th August 1846.]

WHEREAS it is expedient to make further Regulations

respecting the Occupation of the Waste Lands belonging to the Crown in the Colonies of New South Wales, South Australia, and Western Australia, and for that Purpose to repeal so much of an Act passed in the Session of Parliament holden in the Fifth and Sixth Year of Her Majesty's Reign, 'intituled An Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies, as would prevent such Regulations from taking effect:' Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice

and

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