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 be

included 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 by

any 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 elected

by 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 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 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 no

person 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 offence

or 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 at

any 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 declaration

respecting 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 satisfaction

of 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 or

warrants 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 appointment

which 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 the

colony 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 lawful

for 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 enacted

that 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 it

enacted that if any person who shall have been designated as a non-elective member

of 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 any

question 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 member

of 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 And

be it enacted that it shall be lawful for the Governor of the said Colony for the time

being 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 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 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 said

council 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 said

Legislative 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 be

competent 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 enacted

that no member of the said Legislative Council shall be permitted to sit or vote therein

until 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 an

affirmation 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 time

afterwards 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 other

determination 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 the

advice 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 the

governor 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 it

enacted that every bill which has been passed by the said Council and also every law

proposed 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 presented

New South Wales Constitution Act, 1842

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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 reserved

for 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 provisions

hereinafter 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 her

Majesty’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 it

enacted that the said revenue of the Colony of New South Wales shall be permanently

charged 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 shall

be 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 thousand

six hundred pounds for defraying the expenses of the several services and purposes

named in the schedule marked (B) annexed

to 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 this

act 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 that

until 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 it

shall 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 amount

of 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 first

session 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 next

ensuing And be it declared and enacted that it shall be lawful for Her Majesty with

the 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 And

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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 Governor

by 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

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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 said

districts 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

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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 impose

any punishment of imprisonment or any penalty exceeding ten pounds Provided

always and be it enacted that it shall not be lawful for any such district Council as

aforesaid 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 the

authority 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 enacted

that

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 vacancy

of 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 enacted

New 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 that

the 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 enacted

that 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 the

amount 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 it

may 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, 1842

Page 14 of 16

provided Be it therefore enacted that anything hereinbefore contained to the contrary

notwithstanding 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 enacted

that 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 and

was 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 so

much 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 it

enacted that this act shall be proclaimed by the Governor of New South Wales within

six 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 enacted

that 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]