From the Government Gazette. PROCLAMATION.

New Zealander, Volume 3, Issue 159, 8 December 1847, Page 3

From the Government Gazette. PROCLAMATION.

VICTORIA, hy the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and so forth, $c, %c. WHEREAS in pursuance of an Act made and enacted in the Parliament holden in the ninth and tenth years of Our Reign, intituled "An Act to make further provision for the Government of the New .Zealand Islands." We have been pleased to issue certain Letters Patent, a copy whereof is hereinafter set forth, (being the New Zealand Charter), under the Great Seal of the United Kingdom, and certain Instructions, under Oar Sign Manual and Signet, accompanying the same : And Whereas in and by the said Letters Patent, we did declare our will aqd pleasure, to be, that the said Charter should not take effector come into operation in the said Islands of New Zealand, until the same should have been published and made known to the Inhabitants of the said Islands, by a Proclamation to be for that purpose issued by the person commissioned by Us to be Governor-in-Chief, for the time being, of the said Islands : And Whereas by certain Letters Patent, bearingdate'the twenty-third day of December, one. thousand eight hundred and forty six, We have commissioned and appointed George Grey, Esquire, to be Governor-in-Chief in and over the Islands of New Zealand : Now We do hereby publish and make knowthesaid Letters Patent, (being the New Zealann Chaiter). And Wo do hereby further prod claim and declare that this Our Proclamation shall take effect, and that the said New Zealand Charter shall take effect and come into operation upon and from the first day of January, in the Year of Our Lord One thousand eight hundred and forty-eight.' In testimony whereof, We have caused this Our Proclamation to to be Sealed with the Seal of Oui< Colony of New Zealand, Witness, Our trusty and well-be- . ' loved George Grey, Esquire, 1 " / Governor-in-Chief in and over-

" the Islands of New Zealand, at (L. S.) Government House, Auckland, this twenty-fourth day of November, in the eleventh year of Our Reign, and in the year of Our Lord, one thousand eight hundred and forty-seven. George Ghey, Governor-in-Chief. By His Excellency's command, Andrew Sinclair, Colonial Secretary. God save the Queen!

Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To all to whom these presents shall come, greeting. — Whereas by an Act made and passed in the Parliament hoiden in the ninth and tenth years of our reign, intituled " An Act to make further proTiiion for the Government of the New Zaaland Islands',, it is among other things enacted, that it shall be lawful for us, in and by any letters patent to be iisued, after the passine of the said Act, under the great seal of the United ICingdom, from time to time to constiiute and establish within any district or district! of the Islandt of New Zealand, one or more municipal corporation or corporations, and to grant to any such corporation* all or any of the poweri which (in purinance of the statutes in that behalf made and provided), it is competent to us to grant, to the inhabitants of any town or borough in England and Wales, incorporated in virtue of such statutes, or any qf them, and to qualfry and restrict the exercise of any such powers in such and the same manner as by the statutes Jaat aforesaid, or any of them, we may qualify or restrict the exercise of any such powers in Ensjlind ; and it ii by the said Act further enaced, that it shall be lawful for us, by any such letters patent a» aforesaid, to make and prescribe all such rules as to us shall seem fit for determining the extent and boundaries of the districts to be comprised within any such municipal corporations as aforesaid, and for regulating the choice and el ction of the various officer! of any huch corporations, and of the members of the governing bodies thereof, and for ascertaining the qualifications of the membsrs of any such municipal corporations ; and it is by the said Act futther enacted, that it shall be lawful for W to execute any of the powers thereby vested in us, by instructions under our signet and sign manual, approved in our Privy Council, and pecompanying or referred to in letters patent to be issued as aforesaid, and that it shall be lawful for us, by any iuch letters patent or instructions, to delegate to the Govemor-in.chief, for the time being, of the islands of New Zealand, or to the reap ctire governors for the time being of the respective provinces into which the laid islands may be divided, the exercise of such of the powers by the said Act vesied in us, as it may seem meet to us so to delegate, and to preicribe the manner and form in which, and the conditions subject to which, such delegated authority I shall so be exercised. ! Now, Know Ye, that in pursuance of the said recited Act, and in exercise of the powers thereby in us vested, and also in exercise of all and every other the powers to us in that behalf in anywi»e belonging, we, of our special grace, mere motion, and certain knowledge, have constituted and established, and do hereby constitute and establish, within the said islands of New Zealand, such municipal corporations with such poweri, qualifications, and, restrictions, ,as are mentioned and directed in certain Instructions by us given under our signet and wgn'manual, approved in our Privy Council, and bearing even date with and accompanying these presents. 11. And, in futther pursuance and exercise of the powers aforesaid, we do hereby grant, appoint and j ordain, that the districts to be comprised within such mnnicipal corporations respectively, shall be of such extent, and shall have such boundaries as are prescribed and provided for in and by the said instructions, and that the choice and election of the various officers of the said corporations respectively, and of the members of the governing bodies thereof, shall take plate and be regulated according to the rules and in the manner and form prescribed and provided (or in and by the said instructions ; and that the qualifications of the members of the said municipal corporations, shall in like manner, be ascertained according to the rules and in the manner and form prescribed and provided for, in and by the said instructions. 111. And, whereas it is by the said recited Act further enacted that it shall be lawful for us, in and by any letters patent, to be issued as aforesaid, from time to time, to divide the said islands of New Zealand into two or more separate provinces, and to constitute and establish within the same, two or more separate Assemblies ; that is to say, one such Assembly in and for each of such separate provinces, and that each of the said Assemblies shall consist of, and be hoiden by, a Governor, a Legislative Council, and a House of Representatives.^ Now, therefore, in further pursuance of the said repited Act, and in exercise of the powers thereby in us vested, we do hereby grant. ord»in and appoint, that the said islands* of New Zealand shall be divided into two separate provinces, to be called re. 1, spectively the '!' Fjovince of New Ulster," and the '• Province of New Munsterj" and we do hereby divide the said islands accordingly ; and we do hereby constitute and establish a separate assembly witbiD each of he said two provinces, to consist of* and be ho lden by Governor, Legislative Council, and a House of Representatives ;* and we do hereby declare, ordain and appoint, that the limits of the said provinces respectively, and the time at which, in each of the said provinces respectively, the said Assemblies shall be convened or hoiden, shall be determined in the manner and form prescribed and provided for, in and by the said instructions herein-before mentioned. IV. And whereas itis'by the said recited Act further enacted, that each of the said Legislative Councils, when constituted, shall consist of such persons as we shall for that purpose appoint ; and that the election* of the members of the said Houses of Representatives shall take place in such manner and form, and under such regulations as shall for that purpose be prescribed in any such letters patent as aforesaid. Now, therefore, in further pursuance and exercise of thepowers aforesaid, we do hereby grant, appoint and ordain, that the said Legislative Councils shall consist of such persons as are for that purpose appointed or designated by us in the said instructions hereinbefore mentioned, and that the elections of members of the said Houses of Representatives respectively, shall take place in the manner and form, and under the regulations prescribed and provided for in and'' by the said instructions, herehvbefore mentioned. • Y. And whereas it is by the said recited Act farther enacted, thnt it shall be lawful for us, in and by any such letters patent, to be issued as aforesaid, to constitute and establish a General Assembly in and for the ■aid islands of New Zealand, to be called the General Aiicmbly of New Zealand, which said General Aj-

sembly shall consist of and be holden by, the Governor-in-Chief of the said islands, and a Legislative Council, and a House of Representatives ; and that such Legislntive Council shall consist of tuch persona as we shall for that purpose appoint ; and that »uch, House of Representatives shall con^iit of members of the respective house* of Representatives of the several provinces into which the said islands may be divided, which members, so to serve in the said General Assembly, shall beeslec tedi nominated and appointed, by such persons, in such manner and form, and upon and subject to such rules and conditions as wa, by any such letters patent as aforesaid, shall direct. Now, therefore, in further pursuance of the said recited Act, and in exercise of the powers thereby in us vested; we do hereby constitute and establish a General Assembly in and for the is'and* of New Zealand, to be called the " General Assembly of New Zealand." and to consist of and be holden by the Governor-in-Chief of the said islands, a Legislative Council, and a House of Representatives ; and we do heteby grant, appoint, and ordain, that the Legislative Council of the said General Assembly of New Zealand, shall consist of such persons as are for that purpose appointed or designated by us in the said instructions herein-beforementioned ; and that the House of Representative* of the said General Assembly, shall consist of members of the rei-peciive Houses of Representatives of the said provinces to be for that purpose elected, nominated and appointed by the persons appointed, or designated, and in the manner and fern prescribed and provided for in and by the said 'untrue* tions herein-beforementioned. , VI. And whereas it is by the said recited Act further enacted* that it shall be lawful for us by any such letters patent, to be issued as first aforesaid, to make and prescribe all such rules as to us shall seem fit, fan ascertaining the qualifications of the members of any such Assemblies or General Assembly, as aforesaid, and for determining the length of time for whirh every such Assembly or General Assembly shall be holder from the time of the election of. the members of the said houses of Representatives, and how and by. what authority the same shall be dissolved or prorogued, and for prescribing the oaths to be taken, or the affirmation to be made, by the members of the said Corporations, Assemblies, or General Assembly, or any of them, be* fore entering on the discharge of the dudes of their respective offices, and for prescribing the course of proceeding to be followed in the said respective Assemblies, and in the said General Assembly, in regard to the enactment of laws, statutes and ordinances therein, and for determining, in what caies the Governor >in- Chief for the time-being, of the said islands of New Zealand, or the Governor for the time-being of any separate province shall, in our name and on our behalf, assent to any such laws, statutes, or ordinances, or reserve the signification of our pleasure thereon, together with all such rules as shall be necessary for determining the effect of the disallowance by us of any such law, statute or ordinance, although not so reserved at aforesaid, together with all such, other rules, not being repugnant to the said Act, as it may seem to us necessary to make and establish for carrying into full effecf tlie purposes and objects thereof. Nor, .therefore, in further pursuance of the said Act, and in exercise of the powers so thereby vested in us as aforesaid, we do hereby declare our pleasure to be. that upon and in respect to all and each of the matters and things lastmentioned and referred to in the said recited nut, such rules shall be observed and followed as are for those several purposes prescribed or referred to, in the said instructions herein-beforementioned. VII. And whereas it ii by the siid recited Act further enacted, that it shall be lawful for us, by any such letters patent as first aforesaid, to appropriate and set apart from and out of the revenue! of any such separate provinces as aforesaid, by way of civil list, for the maintenance of the administration of justice, and the principal officers of the civil government, or of such separate provinces as-aforesaid, such sums of nroney as shall not exceed iix thousand pounds by the year, »n any one' of the said separate governments, Now therefore in pursuance of the said Act, and in exercise of the powers thereby vested in us, we do hereby appropriate and set apart from and out of the revenue of each of the stid separate provinces respectively, byway of civil I list, for the purposes last aforesaid, the sum of six thousand pounds in each of the said governments respectively ; which said several sums of six thousand pounds shall, in each „of the said governments respectively, be appropriated, and applied, and accounted for in the manner and form, for that purpose appointed and prescribed in and by the said instructions hereinbefore mentioned. VIII. And whereas it is by the said recited Act among other things enacted, that it shall be lawful for us, by such letters patent as first aforesaid, to prohibit the grant or appropriation of any public money by either - of the said Assemblies, or by the said General Assembly, in any case in which such grant or appropriation shall not nrt>t have been recommended by us, on our behalf, with a view to, or ia aid of, some specific public service to be performed within the said provinces respectively, or within the said islands of New Zealand, collectively. Now therefore, in further pursuance of the said recited Act, and in exercise of the powers thereby in us vested as aforesaid, we do hereby prohibit the grant or appropriation of any public money by either of the said Assemblies, or by the said General Assembly, in any case in which such grant or appropriation shall not first have been recommended by us, or on our behalf, with a view to, or in aid of, some specific public service to be performed within the said provinces respective^ or within th« said islands of J New Zealand collectively* IX. And whereas by the said letters patent of the sixteenth day- of November, in the fourth year of our reign, we did reserve to us, our heirs and successors, full j power and authority from time to time to revoke, alter, or amend, the same as to us or them should seem meet. Now therefore, in exercise and in pursuance of the powers so reserved to us, we do hereby revoke the j said last mentioned letters patent *, provided always I that all laws and ordinances made and all acts done under and in pursuance of the said last Mentioned letters patent, in so far as such lawi, ordinances and actl are not repugnant to these presents, and do not interfere with, or prevent the operation thereof, shall be as valid and effectual as though these presents had not been made. X. And we do hereby require and enjoin that the said General Assembly of New Zealand, and that the said respective Assemblies of the said respective provinces snail, in pursuance of the aaid recited Act; make and enact all such laws, statutes and ordinances! as by the said recited Act they are severally authorized and empowered to make and enact, and that the course of proceeding to be followed in the said General Assembly, and in the said Assemblies of the said respective provinces, in regard to the making and enactment of such laws, statutes, and ordinances, shall be according to such rulei as are in that behalf prescribed and provided for in the said instructions' hereinbefore men. tioned. XI. And we do further authorize an require the Governor of each of the said provinces to summon as an Executive Council for each of the "said provinces respectively, such.aod'so many persons as are for that purpose appointed or designated by vi in the said in-

itructions hereinbefore mentioned, or as shall at any time hereafter be by us appointed or designated, in any other instructions under our signet and sign manual addrened to him in that behalf. XII. And we do hereby authorze, empower, and require, the Governor-in-chief of New Zealand, and the respective Governor! of each of the said provinces' respectively, to keep and use a public seal for the sealing of all things whatsoever that ihnll past the seal .of the said general government, or the seal of either of the said provinces respectively. XIII. And we do hereby grant to the respective Governors of ths said provincei respectively, full power and authority, with the advice and consent of the Executive Council of the said respective provinces, from time to time to issue a proclamation or proclamations, dividing the same into counties, hundreds, towns, townships and parishes, and to appoint the limits thereof respectively. XIV. And we do hereby give and grant to the respective Governors of the said provinces respectively, full power and authority to mike and execute, in oue same and on our behalf, under ths public seal of the ■aid respective provincei, grants of waste land to us belonging within the same, either to private persons, for their own use and benefit, or to any persons, bodies politic or corporate, in trust, for the public uses of our subject! there resident, or any of them. XV. ProvHed always that in the exercise of the powers last aforemid, the respective Governors of tlte said provinces respectively, shall strictly conform I to and observe the rules for their guidance prescribed in and by the said instructions hereinbefore mentioned. XVI. And we do hereby authorize, empowtr, and rr quire, the reipecttve Governors of the said provinces respectively, from lime to time, in our name and on our behalf, to constitute and appoint Judges, and to, cases requisite, Commissioners of Oyer and Terminer, Juitices of the Peace, and other necessary officers for the administration of justice within the iaid respective provinces, and for the putting in force therein all lsw» made or to be made for the Government thereof, and all such officers as may be requisite for the due administration of the civil government therein. And we do further authorize the same Governors, as occasion shall require to suspend from the exercise of his office or employment until our pleasure shall be known, any peson or persons within their respective provinces, holding any public office or employment therein at our pleasure. XVII. Provided always that in the exercise of such power of appointment and suspension of public officers, the sntne Governors shall observe the rules in that behalf prescribed for their guidance in and by the said instructions hereinbefore mentioned. XVIIi; And we do hereby authorize, empower and require, the reiptctive Governors of the said provincei respectively to administer, or to cause to be administered to all our officers, civil and military, and to all othe persons, within the said provinces respectively, such oaths for the due execution of their respective offices and employments as are usually taken by such officers, and the oath of allegiance. , XIX. And we do hereby give and grant unto the respective Governors of the said provinces respectively, full power and authority in our name and on our behalf to grant to any offender convicted of any crime, or sentenced to the payment to us of any fine, penalty, or forfeiture by any Court or by or before any Judge, Justice or' Magistrate within the said provinces respectively, a free and un«onditional pardon,- or a- pardon subject to such conditions as by any law then in' force may betheteunto annexedt or any respite of the execution of the sentence of any such offender for such period as to such Governor may seem meet, or a remission, either total or partial, absolute or conditioual, of. nny such fine, penalty or forfeiture. - «'■ '' XX. And in the event of tW diato of the Goternor-in-chief of New Zealand for the time being, or of hir absence from the New Zealand islands, or of his bodily or mental incapacity for the discharge of thft duties of his office, any person being within the said islands and holding a commission from v* to* be Governor of the province of hew Ulster shall, upon' ihe occurrence of such death, absence or incapacity, enter upon, and during such-vacancy by death, or during the continuance of such absence or incapacity, or until our pleasure be known, discharge all the power*, authorities, privileges, andduties of such Goteraor-in. chief, as ful'.y as if a comuisiion for the exercise of that .offire; during that period had by us been addressed to, him. But, if there should not happen to, be, within the said islands on the occurrence of any such vacancy by death, or duiing the continuance of any such absence, or incapacity, any person holding our commission a» Governor of the province of New Ulster, then," upon the occurrence, and during the continuance of such vacancy by death, or during the continuance of such absence or incapacity, or until our pleasure be known, the exercise of the said office of Governor-in^chief shall be assumed by any person being within the siid islatidg, and holding a commission from us to be Governor*'of the province of New Muniter ; and failing any such Governor of New Munster, then and in such case by the chief officer in command of our military forces within the said islands for the time being. XXI. And we do further declare our pleasure to be .that Lieutenant Governors of the said respective provinces shall by us from time to time be appointed, by commiiiions under our signet and sign manual ; but that in the event of the death, absence, resignation, bodily or mental incapacity, or suspension from office by the said Goverhor-in-chief, of any snch LieutenaatGovernor, it sh»U be competent to the said Governor-in-chief, and he is hereby authorized and empowered, upon the occurrence and during the continuance of such last mentioned vacancy, bjr a commission Under the public seal of the.General Governmentof New Zealand, in our name, and on our behalf, to constitute and appoint any proper person to lie the Lieutenant -Governor of such province until our pleasure be known. XXII. And we do hereby declare onr pleaiure to be, that the Lieutenant Governor for the time being of each, of the said provinces, (whether so appointed by such a direct commisiion from us as aforesaid, or by such a commission as aforesaid from the Governor-in-chief of New Zealand,) shill have, exercise and enjoy, all powers, privileges and autborites, hereby or by the said instructions herein-before-mentioned, or otherwise howsoever vested in the Governor, for the time-being, of any such province, save only that the temporary and provisional administration of the office of Govemor-in-Chief.of New Zealand, on any such vacancy by death, absence or incapacity as aforesaid, shall pass to and become vested in the Governor of the Provinca of New Munster, in preference to the Lieutenant-Gover-nor of the Province of New Ulster, and in the LieutenantrGove'rnor of the Province of New Ulster, in preference tpthe, Lieutenant-Governor of NewMunetrr > and such provisional administratien of the said office of Governor-in-Chief of New Zealand, shall, on any such vacancy by death, absence or incapacity, as aforesaid, pass to and become Tested in such chief military officer, as aforessid,iin preference. to, any Lieutenant- | Governor who may hold the office of Lieutenant-Gov-ernor not in virtue of a commission issued directly »/ I us, but in virtue of a commission so issued as aforesaid, j in our name and behalf byanysuchGovernqr-in-Chie XXIII. And we do further reserve to ourselves fall power and authority, in o\ir discretion, to appoint o

and the same peison to occupy at the same time, the said nemnl offices of Governor-in- Chief and of Governor of ench ot the Slid respective province!, or any two of those officer, and in our diicretion to appoint one «nd the same person to occupy a« the ttme time both of the *»id offices of Lieutenant-Governor of the eaicl respective provinces. XXIV. And whereas it is by the said recited Act further provided that it shall be lawful for us from time to lime to amend, and for that purpose to add to, or if necessary to repeal any such lettc is patent, or instruction! as therein mentioned. Now we do hereby reserve to ounelvei, our heirs and successors, full powrr and authority from time to lime to amend, and for that purpose to add to, or if necessary, to repeal these piesenls, and the said instructions herein-before mentioned. XXV. And we do hereby further declare our will end pleam'e to he, that these present! shall not take effect or come into operation in the said islands of New Zealand until the same shall have been published and made km-wn to the inhabitants of the said islands, by apii''l»ination. to be for that purpose issued by the yti on ci mmiisioned by us to be Governor-in«Chief for the lioie-bcing, of the said islands. I<. wifnes* whereof, we have caused thess our letters to br n a- e patent. W i netii ourself, at Westminster, the twenty.third day of December, in the tenth year of our reign. By writ of Privy Seal, Edmonds.