New South Wales Constitution Act, 1842
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This is a large, handwritten document.
A copy of this Act is available in
Callaghan’s Printed Statutes[ An Act for the Government of New South Wales and Van Diemen's Land; Provenance: British Parliament; Location: House of Lords Record Office; Reference: 5 & 6 Vic. C.76]
Whereas it is expedient that further provision be made for the Government of New South Wales 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 there shall be within the Colony of New South Wales a Legislative Council to be constituted in the manner and for the purposes hereinafter mentioned and that the said Legislative Council shall consist of thirty six members and that twelve of the members of the said Council shall from time to time in the manner hereinafter mentioned be appointed by Her Majesty and that twenty four of the members of the said Council shall from time to time in the manner hereinafter mentioned be elected by the inhabitants of the said Colony And be it enacted that the legislature now by law established within the said Colony of New South Wales shall by ordinances to be for that purpose made and enacted in the manner and subject to the conditions now by law required in respect of any ordinances made and enacted by the said legislature make all necessary provisions for dividing the parts of the said Colony within the boundaries of location into convenient electoral districts and for appointing and declaring the number of members to be elected for each such district and for the compilation and revision of lists of all persons qualified to vote at the elections to be holden within such districts and for the appointing of returning officers and for the issuing executing and returning the necessary writs for such elections and for taking the poll thereat and for determining the validity of all disputed returns and otherwise for ensuring the orderly effective and impartial conduct of such elections provided always that the district of Port Phillip and the towns of Sydney and Melbourne shall be electoral districts and 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 one member provided also that for the purposes of this act the boundary of the district of Port Phillip on the north and north east shall be a straight line drawn from Cape How to the nearest source of the river Murray and thence the course of that river to the eastern boundary of the province of South Australia And be it enacted that for the purpose of electing their several representatives to the said Legislative Council the towns of Sydney and Melbourne and such other towns shall be declared electoral
New South Wales Constitution Act, 1842
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districts shall be deemed to be bounded and limited in such manner as the Governor of
the Colony of New South Wales by Proclamation to be published in the New South Wales Government Gazette or by letters patent under the great seal of the Colony shall set forth and describe and such parts of any such town (if any) which shall not beincluded within the boundary set forth or described in such Proclamation or letters
patent for the purposes of this act shall be taken to be a part of the adjoining district
for the purpose of being
represented in the said Legislative Council And be it enacted that it shall be lawful for the Governor and the said Legislative Council of the Colony of New South Wales byany act or acts to be hereafter passed to alter the divisions and extent of the several
districts and towns which shall be represented in the Legislative Council and to
establish now and other divisions of the same and to alter the number of members of
the Council to be chosen by the said districts and towns respectively and to increase
the whole number of the Legislative Council and to alter and regulate the appointment
of returning officers in and for the same and make provision in such manner as they
may deem expedient for the issuing and return of writs for the election of members to
serve in the said Legislative Council and the time and place for holding such elections
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 of the whole increase shall be
appointed
by Her Majesty and the remaining additional members of the Council shall be electedby the inhabitants of the Colony in like manner as the elective members first
constituted under this act
And be it enacted that the elective members shall be chosenby 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 two hundred pounds
sterling money at the least above all charges and incumbrances in any way affecting
the same or a householder within such district occupying a dwelling house of the clear
annual value of twenty pounds sterling money at the least
And be it enacted that noperson shall be entitled to vote at any such election as aforesaid unless he be of the
full age of twenty-one years and a natural born subject of the queen or shall have been
naturalized or shall hold letters of denization according to law and that no person shall
be entitled to vote at any such election who shall have been attainted or convicted of
any treason felony
or infamous offence within any part of her majesty’s dominions unless he shall have received a free pardon or one conditional on not leaving the Colony for such offenceor shall have undergone the sentence or punishment to which he shall have been
adjudged for such offence
And be it enacted that no person shall be entitled to vote atany such election as aforesaid unless he shall have been in possession of the estate or
in occupancy of the house by reason of which he is qualified to vote for at least six
New South Wales Constitution Act, 1842
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calendar months next before the date of the writ for such election or in case a
registration of electors shall be established in the Colony next before the last
registration of electors in the district nor shall any person be entitled to vote at any
such election unless at the time of such election or registration of electors (as the case
may be) he shall have paid up all rates and taxes which shall have become payable by
him as owner in respect of such estate or as occupier in respect of such occupancy
except such as shall have become payable during three calendar months next before
such election or registration respectively
And be it enacted that 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 and a natural born subject of the queen or naturalized by law or who shall not be legally or equitably seised of an estate of freehold for his own use and benefit in lands and tenements in New South Wales of the yearly value of one hundred pounds sterling money or of the value of two thousand pounds sterling money above all charges and
incumbrances affecting the same And be it enacted that every candidate at such
election before he shall be capable of being elected shall if required by any other
candidate or by any elector or by the returning officer make the following declaration
"I A.B. do declare and testify that I am duly seized at law or in equity of an
estate of freehold for my own use and benefit in lands or tenements in the
colony of New South Wales of the yearly value of one hundred pounds
sterling money [or of the value of two thousand pounds sterling money as the
case may be] above all charges
and incumbrances affecting the same and that I have not collusively or
colourably obtained a title to or become possessed of the said lands and
tenements or any part thereof for the purpose of qualifying or enabling me to
be returned a member of the Legislative Council of the Colony of New South
Wales"
And
be it enacted that if any person shall knowingly and wilfully make a false declarationrespecting his qualification as a candidate at any election as aforesaid such person shall be
deemed to be guilty of a misdemeanour and being thereof lawfully convicted shall suffer the
like pains and penalties as by law are incurred in New South Wales by persons guilty of wilful
and corrupt perjury
And be it enacted that whenever it shall be established to the satisfactionof the Governor of the said Colony that the seat of any elective member of the legislative
council hath become vacant the Governor unless other provision in that behalf be made by the
governor and Legislative Council as hereinbefore provided shall forthwith issue a writ for the
election of a member to serve in the place so vacated during the remainder of the term of the
continuance of the said Council and no longer
And be it enacted that it shall be lawful for Her Majesty by any warrant orwarrants to be from time to time issued under her majesty’s sign manual and countersigned by
one of her majesty’s principal secretaries of state to nominate such part of the said Council as
according to this act is to be appointed by Her Majesty and to designate such non-elective
New South Wales Constitution Act, 1842
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members of the said Council either by their proper names or as holders for the time being of
any public offices within the said Colony and it shall also be lawful for Her Majesty by any such
warrant or warrants from time to time to delegate to the Governor of the said Colony the power
of nominating and designating such non-elective members of the said Council either by their
proper names or as holders for the time being of any such public offices as aforesaid which
delegated power shall nevertheless be exercised by any such Governor provisionally only and
until her majesty’s pleasure shall be known and shall not be exercised
until the return of the writs for the election of all the elective members provided always that
not more than half the number of such non-elective members shall hold any office of
emolument under the crown within the said Colony
And be it enacted that every appointmentwhich shall be made by the Governor of any non-elective member of the said legislative
council shall be made by letters patent to be for that purpose issued under the public seal of the
said Colony
And be it enacted that every non-elective member of the Legislative Council of thecolony of New South Wales shall hold his seat therein for five years front the day of his
appointment or until the Council shall be sooner dissolved subject nevertheless to the
provisions hereinafter contained for vacating the same
And be it enacted that it shall be lawfulfor any member of the Legislative Council of the Colony of New South Wales by writing under
his hand addressed to the Governor to resign his seat in the said Legislative Council and upon
such resignation the seat of such legislative councillor shall become vacant
And be it enactedthat if any Legislative
Councillor of the Colony of New South Wales shall for two successive sessions of the
Legislature of the said Colony fail to give his attendance in the said Legislative council
without the permission of Her Majesty or of the Governor of the said Colony signified
by the said Governor to the Legislative Council or shall take any oath or make any
declaration or acknowledgment of allegiance obedience or adherence to any foreign
prince or power or shall do concur in or adopt any act whereby he may become a
subject or citizen of any foreign state or power or shall become bankrupt or take the
benefit of any law relating to insolvent debtors or become a public defaulter or be
attainted of treason or he convicted of felony or any infamous crime or shall become
non compos mentis his seat in such Council shall thereby become vacant
And be itenacted
that if any person who shall have been designated as a non-elective memberof the Legislative Council as the holder of a public office shall cease to hold such office
his seat in the Council shall thereupon become vacant
And be it enacted that anyquestion which shall arise respecting any vacancy in the Legislative Council of the
colony of New South Wales on occasion of any of the matters aforesaid shall be heard
and determined by the said Legislative Council on such questions being referred to
them for that purpose by the Governor of the said Colony and not otherwise
And
be it enacted that in case of the vacancy of the seat of any non-elective memberof the said Council who shall have been designated as the holder of a public office the
seat shall continue vacant until the appointment of another person to fill the same
office and in the case of the vacancy of the seat of any non-elective member of the
New South Wales Constitution Act, 1842
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said Council who shall have been so designated by his proper name it shall be lawful
for the Governor of the said Colony to designate by name and appoint some person to
succeed to the place in the said Council of the member so vacating his seat which
appointment shall be valid and effectual until the same shall be disallowed by her
majesty or until a new appointment made by a warrant to he issued as aforesaid under
her majesty’s sign manual and countersigned by one of her majesty’s principal
secretaries of state and in case any such appointment shall be simply disallowed by
her Majesty the Governor shall make a new appointment subject as aforesaid to her
majesty’s approval and every such appointment disallowance and new appointment
shall take effect from the time of the
notification thereof by the Governor in the New South Wales Government Gazette
Andbe it
enacted that it shall be lawful for the Governor of the said Colony for the timebeing to fix such place or places within any part of the said Colony and such times for
holding the first and every other session of the said Council as he may think fit such
times and places to be afterwards changed or varied as the Governor may judge
advisable and most consistent with general convenience and the public welfare giving
sufficient notice thereof and also to prorogue the said Council from time to time and
dissolve the same by Proclamation or otherwise whenever he shall deem it expedient
And
be it enacted that there shall be a session of the said Council once at least inevery 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 for choosing the same and no longer
subject nevertheless to be sooner prorogued or dissolved by the Governor of the said
colony
And be it enacted that the first writs for the election of members of the saidcouncil shall issue at some period not later than twelve calendar months after the
proclamation of this act within the said Colony
And be it enacted that the saidLegislative Council shall at its first meeting and before proceeding to the despatch of
any other business elect some one member of such Council to be the speaker thereof
and often as the place of the said speaker shall become vacant by the death resignation
or removal by a vote of the said Council shall again elect some other member to be
speaker thereof and the speaker so elected shall preside at all meetings of the said
council provided nevertheless that it shall be lawful for the Governor for the time
being of the said Colony to disallow the choice of any such speaker and upon such
disallowance being signified by the said Governor to the Legislative Council such
appointment shall become and be absolutely null and void and the said legislative
council shall forthwith
proceed to the choice of some other member of the same to be speaker thereof and so
from time to time until the choice of a speaker who shall he allowed by the governor
for the time being
And be it enacted that the said Legislative Council shall not becompetent to the despatch of business unless there be present exclusive of the speaker
New South Wales Constitution Act, 1842
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one third part at least of the members of the said Council ; and that all questions which
shall arise in the said Council shall be decided by the majority of votes of those
members of the Council who shall be present other than the speaker and in all cases
where the votes shall be equal the speaker shall have a casting vote
And be it enactedt
hat no member of the said Legislative Council shall be permitted to sit or vote thereinuntil he shall have taken and subscribed the following oath before the Governor of the
said Colony or before some person or persons authorised by such Governor to
administer such oath:-
’IA B do sincerely promise and swear that I will be faithful and bear true
allegiance to her majesty
queen Victoria as lawful Sovereign of the United Kingdom of Great Britain
and Ireland and of this Colony of New South Wales dependent on and
belonging to the said United Kingdom : and that 1 will defend her to the
utmost of my power against all traitorous conspiracies and attempts whatever
which shall be made against her person crown and dignity ; and that I will do
my utmost endeavour to disclose and make known to Her Majesty her heirs
and successors all treasons and traitorous conspiracies and attempts which I
shall know to be against her or any of them and all this I do swear without
any equivocation mental evasion or secret reservation and renouncing all
pardons and dispensations from any person or persons whatever to the
contrary So help me GOD’
And
be it declared and enacted that every person authorised by law to make anaffirmation instead of taking an oath may make
such affirmation in the every case in which an oath is hereinbefore required to be
taken
And be it enacted that the said Council at its first meeting and from time to timeafterwards as there shall be occasion shall prepare and adopt such standing rules and
orders as shall appear to the said Council best adapted for the orderly conduct of the
business of such Council which rules and orders shall by such Council be laid before
the Governor of the Colony and being by him approved shall become binding and in
force subject nevertheless to the confirmation or disallowance of Her Majesty in
manner hereinafter provided respecting the ordinances to be made by the governor
and Council of the said Colony
And be it enacted that upon any dissolution or otherdetermination of the said Council it shall be lawful for the Governor of the said colony
to issue new writs for the general election of the elective members to serve in the
legislative council; and after the return of such writs it shall be lawful for the governor
in the name and on the behalf of her majesty
to nominate and appoint the non-elective members to serve in the legislative council
which appointments shall be valid and effectual until the same shall be disallowed by
her Majesty or until new appointments made by a warrant or warrants to be issued
under her majesty’s sign manual and countersigned by one of her majesty’s principal
secretaries of state which now appointments shall be taken is a disallowance of the
New South Wales Constitution Act, 1842
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appointments by the Governor in respect of which they are made and in case any such
appointment by the Governor shall be simply disallowed by Her Majesty the Governor
shall make a new appointment subject as aforesaid to be disallowed by her majesty;
and every such appointment disallowance and new appointment shall take effect from
the time of the notification therefore by the Governor in the New South Wales
Government Gazette
And
be it enacted that the Governor of the said Colony of New South Wales with theadvice and consent of the said Legislative Council shall have authority to make laws
for the peace welfare and good government of the said Colony provided always that no
such law shall be repugnant to the law or England or interfere in any manner with the
sale or other appropriation of the lands belonging to the Crown within the said colony
or with the revenue thence arising
And be it enacted that it shall be lawful for thegovernor of the said Colony of New South Wales to transmit to the said Council for its
consideration the drafts of any such laws which it may appear to such 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 therefore
be considered by the Council in like manner as if the same bills which had originated
therein and it shall be lawful for the Council to return any bill in which the governor
shall have so made any amendments with a message signifying to which of the
amendments the
council agree and those to which they disagree and there upon the Bill shall be taken
to be presented for her Majesty’s assent with the amendments so agreed to
And be itenacted
that every bill which has been passed by the said Council and also every lawproposed by the Governor which shall have been passed by the said Council whether
with or without amendments shall be presented for her Majesty’s assent to the
Governor of the said Colony and that 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 by her
heirs or successors that he assents to such bill in her majesty’s name or that he
withholds majesty’s assent or that lie reserves such bill for the signification of her
Majesty’s pleasure thereon ; and all bills altering or affecting the divisions and extent
of the several districts and towns which shall be represented in the legislative council
or establishing now and other divisions of the same or altering or affecting the number
of the members of the Council to be chosen by the said districts and
towns respectively or increasing the whole number of the Legislative Council or
altering the salaries of the Governor Superintendent or Judges or any of them and also
all bills altering or affecting the duties of customs upon any goods wares or
merchandise imported to or exported from the said Colony shall in every case be so
reserved except such bills for temporary laws as the Governor shall expressly declare
necessary to be forthwith assented to by reason of some public and pressing
emergency
And be it enacted that whenever any bill which shall have been presentedNew South Wales Constitution Act, 1842
Page 8 of 16
for her Majesty’s assent to the Governor of the said Colony shall by such governor
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 that it shall be lawful at any time
within two years 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 that
such disallowance together with a certificate under
[PAGE 21 OF ORIGINAL ENDS HERE]
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 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
And be it enacted that no bill which shall be so reservedfor the signification of her Majesty’s pleasure thereon shall have any force or authority
within the Colony of New South Wales until the Governor of the said Colony shall
signify either by speech or message to the Legislative Council of the said Colony or by
proclamation as aforesaid that such bill has been laid before Her Majesty in council
and that Her Majesty has been pleased to assent to the same and that an entry shall be
made in the journals of the said Legislative Council of every such speech message or
proclamation and a duplicate thereof duly attested shall be delivered to the Registrar
of the Supreme court or other proper officer to be kept among the records of the
said Colony and that 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 two years from the day on which
such bill shall have been presented for her Majesty’s assent to the Governor as
aforesaid
And be it enacted that with the deductions and subject to the provisionshereinafter contained the whole of her Majesty’s revenue within the said colony
arising from taxes duties rates and imposts levied on her Majesty’s subjects within the
said Colony shall be appropriated to the public service within the said Colony by
ordinances to be for that purpose enacted by the Governor with the advice and consent
of the Legislative Council of the said Colony and in no other manner provided always
that it shall not be lawful for the said Council to pass or for the said Governor to assent
to any bill appropriating to the public service any sums or sum of money arising from
the sources aforesaid unless the Governor on her Majesty’s behalf shall first have
recommended to the Council to make provision for the specific public service
towards which such money is to be appropriated
And be it enacted that no part of herMajesty’s revenue in the said Colony arising from the sources aforesaid shall be issued
or shall be made by any such law issuable except in pursuance of warrants under the
hand of the Governor of the Colony directed to the public treasurer thereof
And be itenacted
that the said revenue of the Colony of New South Wales shall be permanentlycharged with all the costs charges and expert to the collection management and
receipt thereof such costs charges and expenses being subject nevertheless to be
New South Wales Constitution Act, 1842
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regulated and audited in such manner as shall be directed by any law of the Governor
and Legislative Council
And be it enacted that out of the said revenue fund there shallbe payable every year to Her Majesty her heirs and successors the sum of thirty three
thousand pounds for defraying the expenses of the several services and purposes in
the schedule marked
(A) annexed to this act and a further sum of eighteen thousandsix hundred pounds for defraying the expenses of the several services and purposes
named in the schedule marked
(B) annexedto this act and a further sum of thirty thousand pounds for defraying the expenses of
the several services and purposes named in the schedule marked
(C) annexed to thisact the said sums of thirty three thousand pounds eighteen thousand six hundred
pounds and thirty thousand pounds to be issued by the treasurer of the said Colony in
discharge of such warrant or warrants as shall be from time to time directed to him
under the hand and seal of the Governor; and the said Treasurer shall account to her
Majesty for the same through the Lord High Treasurer or the Commissioners of Her
Majesty’s Treasury of the United Kingdom of Great Britain and Ireland in such manner
and form as Her Majesty shall be graciously pleased to direct
And be it enacted thatuntil altered by any bill passed by the said Legislative Council and assented to by her
Majesty the salaries of the Governor superintendent and judges shall be those
respectively set against their several offices in the said schedule marked
(A) but that itshall be lawful for the Governor to vary the sums appropriated to any of the services
or purposes names in the said schedule
(B) and that the amountof saving which may arise from any such alterations in either of the said schedules
shall be appropriated to such purposes connected with the administration of the
government of the said Colony as to Her Majesty shall seem fit and that accounts in
detail of the expenditure of the several sums of thirty three thousand pounds eighteen
thousand six hundred pounds and thirty thousand pounds hereinbefore granted and of
every part thereof shall be laid before the Legislative Council of the said Colony within
thirty days next after the beginning of the session after such expenditure shall have
been made
And be it enacted that within thirty days after the beginning of the firstsession of the Legislative Council in each year the Governor shall make known by
message to the Legislative Council the amount of the sums intended to be appropriated
out of the said sum of eighteen thousand six hundred pounds to the several services
and purposes named in the said schedule
(B) for the service of the year then nextensuing
And be it declared and enacted that it shall be lawful for Her Majesty withthe advice of her Privy Council or under her Majesty’s signet
and sign manual or through one of her principal secretaries of state from time to time
to convey to the Governor of the said Colony of New South Wales such instructions as
to Her Majesty shall seem meet for the guidance of such Governor for the exercise of
the powers hereby vested 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 Council and it
shall be the duty of such Governor to act in obedience to such instructions
AndNew South Wales Constitution Act, 1842
Page 10 of 16
whereas it is expedient that provision be made for the local government of the
different parts of the said Colony
Be it enacted that it shall be lawful for the Governorby letters patent under the great seal of the Colony of New South Wales to incorporate
the inhabitants of every county within the said Colony or of such parts of counties or
other divisions as to him shall seem fit to form districts for the purposes of this act
and by such several letters patent to establish a Council in every such district for the
local government thereof subject to the following provisions (that is to say) it shall be
provided
1. That every such District Council shall be elective after the
first nomination thereof as hereinafter mentioned the elections being made in
the several districts or other fit divisions to be defined by the charter within the
district so that until further provision be made in this behalf by the Governor
and Legislative Council of the Colony of New South Wales if the population in
such district according to the last census taken before the charter be less than
seven thousand souls the number of councillors for such district shall not be
more than nine if the population be seven thousand and less than ten thousand
the number of councillors shall not be more than twelve if the population be
ten thousand and less than twenty thousand the number of councillors shall not
be more than fifteen if the population be twenty thousand and upward the
number of councillors shall not be more than twenty one
2. That until further provision be made in this behalf by the Governor and
Legislative Council of the Colony of New South Wales the district councillors
shall be persons qualified to be
elected members of the Legislative Council and shall be elected to such office
by the persons qualified to vote in the election of members of the legislative
council within the district in which the election is made
3. That no district councillor shall hold any lucrative office or appointment
under such District Council or enter into or be concerned or interested in any
contract of any pecuniary dealings with such District Council under a penalty or
penalties to be fixed in such letters patent of incorporation
4. That no district councillor shall continue in office for more than three years
unless reelected
5. That the district Council shall be presided over by a warden to be appointed
and be removable by Her Majesty or by the Governor in the name of her
Majesty
6. That a district surveyor who shall have passed an examination before a
competent tribunal approved by the Governor shall be appointed in each
district for superintending the construction of roads and other public works
undertaken by authority of the district council; and that the district surveyor
and all
New South Wales Constitution Act, 1842Page 11 of 16
other officers needed for the exercise of the powers of the District Council shall
be appointed and be removable by the District Council subject to the approval
of the Governor
7. That accounts in detail of all monies expended in every year by or under the
authority of the district councils be laid before the Governor and otherwise
published in such manner as may be directed by the charter or provided by any
law of the Governor and Legislative Council of the Colony of New South Wales’
And
be it enacted that it shall be lawful for each of the said councils in the saiddistricts respectively to make orders and bye laws for all or any of the following
purposes (that is to say)
For making maintaining or improving any new or existing road street bridge or
other convenient communication and means of passage through the district or
for stopping up altering or diverting any road street or communication within
the limits of the district
For building repairing and furnishing public buildings
For the purchase of such real and personal property situated
within the district as shall be required in the opinion of the Council for the use
of the inhabitants thereof
For the sale of such part of the real and personal property belonging to the
district as shall have ceased in the opinion of the Council to be useful to the
inhabitants
For the management of all property belonging to the district
For providing the means of defraying such expenses of or connected with the
administration of justice and police within the district as are or shall be
hereinafter by law directed to be defrayed by the district or out of the district
funds
For providing for the establishment and support of schools
For raising assessing levying and appropriating such monies as shall be
required for the purpose of carrying into effect all or any of the objects for
which the said district councils respectively shall be empowered to make
orders and bye laws which monies shall be raised either by means of tolls to be
paid in respect of any public work within the district or by means of rates
or assessments to be assessed and levied on real or personal property or both
within the district or in respect of such property upon the owners and
occupiers thereof
For the collecting and accounting for all tolls rates and assessments imposed
or raised under the authority of any such Council and of the revenues
belonging to the district
For imposing and determining reasonable penalties to be recovered from such
persons as having been elected to offices as hereinbefore provided shall refuse
to serve the same or refuse or neglect to take and subscribe such oaths of
office shall by law be required to be taken by such officers respectively
For determining the amount and time of payment of all salaries or other
remuneration of district officers to be appointed under the authority of this act
New South Wales Constitution Act, 1842
Page 12 of 16
For providing for any other matters which shall be specially subjected to the
direction and control of the said district councils respectively by any law of the
Governor and Legislative Council of the colony
Provided
always that no such bye law shall imposeany punishment of imprisonment or any penalty exceeding ten pounds
Providedalways and be it
enacted that it shall not be lawful for any such district Council asaforesaid to levy any rate or assessment whatever on any lands or tenements goods or
chattels real or personal estates belonging to Her Majesty her heirs and successors
And
be it enacted that a copy of every bye law made by any District Council under theauthority of this act shall be transmitted by the warden of the district within fourteen
days after the making thereof to the Governor of the Colony of New South Wales and
it shall be lawful for the said Governor with the advice of his Executive Council at any
time within two calendar months after the receipt of such copy to disallow such bye
law and such disallowance shall without delay be signified to the warden of the
district where such bye law shall have been passed and thence forwarded such bye
law shall be void and of no effort and no such bye law shall have effect until the
expiration of the said period of two calendar months unless the said Governor shall
have given his assent thereto before the expiration of that period
And be it enactedthat
subject to the provisions herein contained it be unlawful for the said Governor to
notify in writing and by the said several chapters of incorporation the metes and
bounds of the said several districts and the number of councillors which shall be for
every district and the time and manner of their election and to fix the qualification of
the councillors and to nominate among the persons qualified to vow in the election of
Councillors, the Councillors being duly qualified who shall form the first Council in
every such district and to appoint the order and manner in which they shall go out of
office and to fix penalties for qualified persons refusing to take office in the council
and to make all other necessary provisions for establishing such district councils for
defining their powers and enabling them to exercise their functions provided always
that notwithstanding any such charter it shall be lawful for the Governor and
Legislative Council of the Colony of New South Wa1es to make further or other
provisions respecting the constitution of the said councils and to extend or limit the
powers of such councils in any way which may be found expedient so that it be not
repugnant to this act or to the law
of England and to alter the number and boundaries of the districts and to establish a
council in each of such new districts
And be it enacted that in every case of vacancyof the office of district councillor if a new election shall not be made within the time
prescribed by the charter of incorporation or by any law of the Governor and
Legislative Council of the Colony respecting the constitution of such District Council the
Governor shall nominate a person duly qualified to fill the vacancy
And be it enactedNew South Wales Constitution Act, 1842
Page 13 of 16
that one half of the expense of the police establishment of the said Colony (exclusive
of the convict establishment) shall be defrayed out of the general revenue arising from
taxes duties rates and imposts within the said Colony and the other half shall be
defrayed by assessment upon the several districts of the Colony in such proportions as
shall be from time to time fixed by the Governor and legislative council; and as soon
as any Bill shall have passed the Legislative Council and shall have been assented to by
the Governor for appropriating any sum to the service of the police for the year then
next ensuing and for apportioning an equal sum among the several districts of the said
colony it shall be lawful for the Governor to issue warrants under his hand directed to
the treasurers of the several district councils requiring them within two
calendar months from the receipt of the warrant to pay an amount equal to the sum
assessed upon that district to such person as the Governor shall appoint to receive the
same out of any monies in their hands belonging to the district
And be it enacted thatthe treasurer of each District Council to Whom any such warrant shall come shall pay
the amount mentioned in the rate warrant out of any monies in his hands belonging to
the district or if there be no monies or an insufficient sum in his bands the district
council shall assess and levy the amount by a fair and equal rate upon all property
within the district which the Legislative Council or † until a Bill for that purpose shall
have been passed by the Legislative Council and assented to by the Governor with tile
advice of his Executive Council shall declare to be liable thereunto
And be it enactedthat 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
person as the Governor shall appoint to receive the same it shall be lawful for the
public treasurer of the said Colony or other proper officer appointed by the governor
for such purpose 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
And be it enacted that theamount so contributed from each district and an equal sum out of the amount
appropriated out of the general revenue for service of the police in that district under
the direction of the governor; and the surplus if any remaining over and above the
expenditure in each year shall be carried forward in diminution of the charge for the
next year
And whereas the said Colony of New South Wales is of great extent and itmay be fit that the territories now comprised within the said Colony should be divided
into separate Colonies and provision should be made for the temporary administration
of the government of any such newly erected Colony as not being comprised within
the limits hereinafter mentioned may not possess a sufficient population for the
immediate establishment therein of the form of a government herei before
New South Wales Constitution Act, 1842Page 14 of 16
provided
Be it therefore enacted that anything hereinbefore contained to the contrarynotwithstanding it shall be lawful for Her Majesty by letters patent to be from time to
time issued under the great seal of the United Kingdom of Great Britain and Ireland to
define as to Her Majesty shall seem meet the limits of the Colony of New South Wales
and to erect into a separate Colony or colonies any territories which now are or are of
reputed to be or hereafter may be comprised within the said Colony of New South
Wales: Provided always that no part of the territories lying southward of the twenty
sixth degree of south latitude in the said Colony of New South Wales shall by any
such letters patent as aforesaid be detached from the said Colony
And be it enactedthat in case Her Majesty shall by any such letters patent as aforesaid establish any such
new Colony or colonies as aforesaid it shall be lawful for Her Majesty by any such
letters patent to authorise any number of persons not loss than seven including the
Governor or Lieutenant Governor of any such new Colony or Colonies to constitute a
Legislative Council or legislative Councils for the
same; and that every such Legislative Council shall be composed of such persons as
shall from time to be named or designated by Her Majesty for that purpose and shall
hold their places therein at Her Majesty’s pleasure ; and that it shall be lawful for such
Legislative Council to make and ordain all such ordinances as may be required for the
peace order and good government of any such Colony as aforesaid for which such
Legislative Council may be so appointed and that in the making all such ordinances the
said legislative Council shall conform to and observe all such instructions as her
majesty with the advice of her Privy Council shall from time to time make for their
guidance therein provided always that no such instructions and that no such
ordinances as aforesaid shall be repugnant to the law of England but consistent
therewith so far as the circumstances of any such Colony may admit provided also that
all such ordinances shall be subject o her majesty’s confirmation or disallowance in
such manner and according to such regulations as Her Majesty by any such
instructions as aforesaid shall from time
to time see fit to prescribe provided also that all instructions which shall in pursuance
hereof be made by Her Majesty with the advice of Her Privy Council and that all
ordinances which shall be made in pursuance hereof by any such Legislative Council of
any such newly created Colony as last aforesaid shall be laid before both houses of
parliament within one calendar month from the date of any such instructions or from
the arrival in this Kingdom of the transcripts of any such ordinances if parliament
shall then be sitting or if not then within one calendar month from the commencement
of the next ensuing session of parliament And whereas in act was passed in the ninth year of the reign of his later Majesty King George the fourth initiated "an act to provide for the administration of justice in New South Wales and Van Dieman’s Land and for the more effectual government thereof and for other purposes relating thereto which was continued by three acts passed successively in the seventh year of the reign of his late Majesty in the first and in the second year of the reign of Her Majesty andwas afterwards continued with amendments by two acts passed in the third and in the
fourth years of the reign her
New South Wales Constitution Act, 1842
Page 15 of 16
majesty and whereas so much of the aforesaid first recited act as relates to the constitution of
a Council in New South Wales will be superseded by this act
Be it enacted that somuch of the said acts or any of them as relates to the constitution appointment and
powers of a Council in New South Wales therein mentioned shall continue until the
first writs shall issue for the election of members of the Legislative Council under this
act and from and after the issue of such writs shall be repealed and that subject to the
provision hereinafter contained the other parts of the said recited acts which but for
the passing of this act would expire at the end of this session of parliament shall
become permanent both with respect to the said Colony of New South Wales and the
said Colony of Van Diemen’s land provided always that nothing herein contained shall
extend or be construed to extend to repeal or abrogate any law or ordinance made in
pursuance of the said recited acts or any of them but that every such law or ordinance
shall hereafter be as valid and effectual as if every part of the said recited acts had
been hereby made permanent provided also that it shall be lawful for the Governor and
legislative council
of the said Colony in exercise of the powers to them respectively granted by this
present act and in the manner and subject to the rules hereinbefore proscribed to
repeal vary or alter all or any part of the said recited acts or any of them or any law or
ordinance made in pursuance thereof
And be it enacted that by the word "governor"as employed in this act shall be understood the person for the time being lawfully
administering the Government of the said Colony of New South Wales
And be itenacted
that this act shall be proclaimed by the Governor of New South Wales withinsix weeks after a copy of it shall have been received by him and shall take effect
within the said Colony from the day of the Proclamation thereof
And be it enactedthat this act may be amended or repealed by any act to be passed in this Session of
Parliament
SCHEDULES
referred to in the foregoing act
_____________
SCHEDULES (A)
______________
£5000
Governor
Superintendent at Port Phillip 1500
Chief Justice 2000
[PAGE 42 OF ORIGINAL ENDS HERE]
New South Wales Constitution Act, 1842
Page 16 of 16
Three Puisne Judges 4500
Salaries of the Attorney and Solicitor
General Crown Solicitors and
contingent and miscellaneous
expenses of Administration of
Justice throughout the Colony 20,000
_______
£33,000
______
_____________________
SCHEDULE (B)
__________________
Colonial Secretary and his Department 7,000
Colonial Treasurer and his Department 5,000
Auditor General and his Department 3,000
Salary of Clerk and miscellaneous
expenses of Executive Council 600
Pensions 3,000
________
£18,600
________
______________________
SCHEDULE (C)
Public Worship £ 30,000
[PAGE 43 OF ORIGINAL ENDS HERE]