A BILL TO GRANT A REPRESENTATIVE CONSTITUTION TO THE COLONY OF NEW ZEALAND.

New Zealander, Volume 8, Issue 666, 1 September 1852, Page 2

A BILL TO GRANT A REPRESENTATIVE CONSTITUTION TO THE COLONY OF NEW ZEALAND.

[Note. — The Words printed in Italics are proposed to be inserted in Committee.]

Preamble. 3 & 4 Viet. c. 62. Wiieueas ly an Act of the Session holden in the Third and Fourth Years of Her Majesty, Chapter Sixty two, it was enacted, that it should be lawful for Her Majesty, by Letters Patent, to be from time to time issued under the Great Seal of the United Kingdom, to erect into a separate Colony or Colonies any Islands which ihen ware or which thereafter might be comprised within and be Dependencies of the Colony of Neur South Wales: And whereas, in pursuance of the Powers in Her vested by the said Act, Her Majesty did, by certain Letters Patent under the Great Seal of the United Kingdom, bearing Date the Sixteenth D»y of November in the Fourth Year of Her Reign, erect into a separate Colony the Islands of New Zealand, theretofore comprised within or Dependencies of the Colony of New South Wales, bounded as therein described, and the said Islands of New Zealand were theieby erected into a separate Colony accordingly; and Her Majesty did by the 6aid Letters Patent authorize the Governor for the Time being of the said Colony of New Zealand and certain other Persons to be a Legislative Council for such Colony, and to make Laws for the Peace, Order, and good Government thereof : And whereas by an Act of the Session holden in the Ninth and Tenth Years of Her Majesty, Chapter One hundred and three, the Act firstly herein recited, and all Charters, Letters Patent, Instructions, and Orders in Council made and issued in pursuance thereof, were repealed, abrogated, and annulled, so far as the same were repugnant to the Act now in recital, or any Letters Patent, Charters, Orders in ( ouncil, or Royal Instructions to be issued under the Authority thereof; and by the Act now in recital certain Powers for the Government of the said Islands were vested in Her Majesty, to be executed by Letters Patent under the Great Seal of the United Kingdom, or by Instructions under Her Majesty's Signet and Sign Manual, approved in Her Privy Council, and accompanying or referred to in such Letters Patent : And whereas, in pursuance of the said last-mentioned Act, Her Majesty did, by Letters Patent bearing Date at Westminster the twenty-third Day of December in the Tenth Year of Her Reign, and by certain Instructions made and approved as required by such Act, and bearing even Date with and accompanying the said Letters Patent, execute certain of* the Powers by such Act vested in Her Majesty for the better Government of the said Islands: And whereas by an Act of the Session holden in the Eleventh and Twelfth Years of Her Majesty, Chapter Fire, so much of the «aid Act secondly herein recited, and the sad Letters Patent and Instructions issued in pursuance thereof, as relates to the Constitution and Establishment of Two or more separate Assemblies within the said Islands, and of a General Assembly in and for the said Islands, was suspended for Five Years, unless Her Majesty, with the advice of Her Privy Council, should direct the same to he carried into effect before the expiration of that period ; and by the Act now in recital the said firs'Jyrecited Act, Letters Patent, and Instructions were revived for tbe time during which the said secondlyrecited Act, Letters Patent and Instructions were suspended as aforesaid; and by the Act now in recital certain Powers were vested respectively in the Go-rernor-in-Chief of the said Islands and* in such Governor and the Legislative Council thereof: And whereas it is expedient that further and better Provision should be made for the Government of New Zealand : 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, as follows :

Repeal of recited Acts, &c. I. The said Acts, and all Charters, Letters Patent, Instructions and Orders in Council issued in pursuance thereof, shall be and the same are hereby repealed, so far as the same are repugnant to or would prevent or interfere with the Operation of thia Act, or any Letters Patent or Instructions to be issued under the authority or in pursuance of this Act : Provided, nevertheless, that all Laws and Ordinances made and Acts done under and in pursuance of the said recited Acts, and any Charters, Letters Patent, Instructions, or Orders in Council issued in pursuance thereof, shall continue as lawful, valid, and effectual as if this Act bad not been passed, save so far as any such Laws, Ordinances, or Acts may be repugnant to or would prevent or interfere with the Operation of this Act: Provided also, that, until the Expiration of the Time or| latest of the Times appointed for the Return of Writs for the First Election of Members of the Provincial Councils of the Provinces established' by this Act, the existing Provincial Legislative Councils shall continue to have and exercise all Rights, Jurisdiction, Powers, and Authorities which they would have had if this Act had not been passed ; ■nd until the Expiration of the Time appointed for the Keturn of the Writs for the First Election of the Members of the House of Representatives to be constituted under the Act, the Legislative Council of New Zealand shall continue to have and exercise all Rights, Jurisdisdiction, Powers, and Authorities which such Legislative Council would have had if this Act had not been passed. Certain Provinces established in New Zealand. 11. The following Provinces are hereby established in New Zealand ; namely, Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Otago ; and the Limits of such several Provinces shall be fixed by Proclamation by the Governor as toon as conveniently may be after the Proclamation of this Act in New Zealand. Each Province to have a Superintendent and Provincial Council. 111. For each of the said Provinces hereby established, and for every Province hereafter to be established

Assembly, without the Permission of such House, fail to give his Attendance in the said House, or shall take any Oath or make any Declaration or Acknowledgment j of Allegiance, Obedience 01 adherence to any Foreign Prince or Power, or do or concur in or adopt any Act whereby lie may become a Subject or Citizen of any Foreign State or Power, or become entitled to tl.e Rights, Piivilegcs, or Immunities of a Subject of any Foieign State or Power, or shall become bankiupt, 01 shall become an insolvent Debtor, or shall become a public Defaulter, or be attainted of Treason, or be convicted of Felony or any infamous Crime his Seat in such House shall thereby become vacant. Election to take place on Vacancies. LI. When und so often as a Vacancy shall occur as aforesaid in any seat in the said House of representatives, it shall and may be lawful for such House to address the Governor, stating the Existence of such Vacancy and the cause thereof, and the Governor, upon receiving such Addiess, shall cause a Writ to be issued for supplying such Vacancy. Standing Rules and Ordprs to be made. LTI. The said Legislative Council and House of Representatives at the First Sitting of each respectively, and Aom Time to Time aferw.uds as there shall be Occasion, shall prepare and adopt such Standing Rules and orders as shall appear to the said Council and House of Representatives respectively best adapted for the oideily conduct of the Business of such Council and house respectively, und for the Manner in which such Council and house respectively shall be presided over in case of the Absence of the Speaker, and for the Mode in such Council and House shall confer, correspond, and communicate with each other relative to Votes or Bills passed by or pending in such Council and House respectively, and for the Manner in which Notices of Bills, Resolutions, and othet Business intended to be submitted to such Council and House respectively at any Session thereof may be published in the Government Gazette or otherw.se for general Information for some convenient Space or Time before the Meeting of such Council and House' respectively, and for the proper framing, entitling, and" numbering of the Bills to be introduced into and passed by the said Council and and House of Representatives, all of which Rules and Orders shall by such Council and House respectively be laid before the Governor, and being by him approved shall beco'iie binding aud of force, but subject nevertheless to the Confiimation or Disallowance of Her Majesty in manner herein-after piovided respecting the Acts to be made by the Governor with the Advice and Consent of the said Legislative Council and House of Representatives; piovided that no such Rule or Order shall be of force to sub ect any Person, not being a Member or Officer of the Council or House to which it relates, to any Pain, Penalty, or Forfeiture. Power of General Assembly to muke Laws. LIII. It shall be competent to the said General A ssembly (except and subject as herein-after mci ttoned) to make Laws for the peace, Older, and good Government of New Zealand, provided that no such Laws be repugnant to the Law of F.ngland ; and the Laws so to be made by the said Geneial Assembly shall control and supersede any Laws or Ordinances in anywise repugnant thereto which may have been made or ordained prior thereto by any Piovincial Council : and any Law or Ordinance made or ordained by any Provincial Council in pursuance of the Authority hereby conferred upon it, and on any subject whereon under such Authority as aforesaid it id entitled to legislate, shall, so far as the same is repugnant to or inconsistent with any Act passed by the Geneial Assembly, be null and void. Appropriation and issue of Money. LIV. It shall not be lawful for the House of Repre sentatives or the Legislative Council to pass, or for the Goveinor to assent to any Bill appropriating to the public Service any Sum of Money from or out of Her Majesty's Revenue within New Zealand, unless the Governor on Her Majesty's Behalf shall first have lecommended to the House of Representatives to make Provision for the specific Public Service towards which such Money is to he appropriated, and (save as herein otherwise provided) no Part of Her Mijesty's Revenue wuhin New Zealand shall be issued except in pursuance of Warrants under the Hand of the Governor directed to the public Treasurer thereof. Governor may transmit Drafts of Laws to eiiher House. LV. It shall and may be lawful for the Governor to transmit by Message to eiiher the said Legislative Council or the said House of Represen'atives for their Consideration the Drafts of any Laws which it may appear to him desirable to introduce and all such Drafts shall be taken into consideration in such convenient Manner as shall in and by the Rules and Orders aforesaid be in that Behalf provided. Governor may assent to, refuse Assent, or reserve Bills. LVI. Whenever any Bill which has been passod by the said Legia'ative Council and Hous>e of Representatives shall be presented for Her H.ijecty's Assent to the Governor, he shall declare according to his Discretion but subject nevertheless to the Piovisions contained in this Act and to such Instructions as may from Time to Time be given in that Behalf by Her Majesty, Her Heiis or Successors, that he assents to such Bill in Her Majesty's name, or that he refuses his Assent to such Bill, or that he leserves such Bill for the Significaiion of Her Majesty's Pleasure thereon ; provided always, that it shall and may be lawful for the Governor before declaring his Pleasure in regard to any Bill so presented to him, to make such Amendments in such Bill as he thinks needful or expedient and by Message to return such Bill with such Amendments to the Legislative Council or the House of Representatives as he shall think the more fitting, and the Consideration of such Amendments by the said Council aud House respectively shall take place in such convenient Manner as shall in and by the Rules and Orders aforesaid be in that Behalf provided. Governor to conform to Instructions. LVI I. 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 Piincipal Secretaiies of State, from Time to Time to convey to the Goveinor of New Zealand 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 of dissenting from or for reserving for the Signification of Her Majesty's Pleasure Bills to be passed by the said Legislative Council and House of Representatives; and it shall be the Duty of such Governor to act in obedience to such Instiuctions. Disallowance of Bills assented to. LVIII. Whenever any Bill which shall have been presented for Her Majesty's assent to the Goveinor shall by such Governor have been assented to in Her M ijesty's name, he shall by the first convenient opportunity transmit to one of Her Majesty's Principal Secretaries of S ate on authentic copy of such Bill so ussented to j and it shall be lawful, at any time within 'I no Years after such Bill shall have been received by the Secretary of State, for Her Majesty, by order in Council, to declaim Her disallowance of such Bill ; and such disallowance, together with a Certificate under the Hand and Seal of the Secretary of State certifying the day on which such Bill was received as afoiesaid, being signified by the Governor to the said Legislative Council and House of Representatives by Speech' or Message, or by Proclamation in Government Gazette, shall make void and annul the same fronv and after the day of such signification. Assent to Bills Reserved. LIX. No" Bill which shall be reserved for the Signification of Her Majesty's Pleasure thereon shall have any Force or Authority within New Zealand until the Governor shall signify, either by Speech or Message to the said Legislative Council and lloubo of Representatives, or by Proclamation, th.it such Bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same j and an Ent"y shall be made in the Journals of tho said Legislative Council and House of Representatives 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 Recoids ot New Zealand; and no Bill which shall be so reserved as aforesaid shall have any Force or Authority within New Zealand, unless Her Maiesty's Assent thereto shall have been so signified as aforesaid within tho Space of Two Years from the Day on which such Bill shall have been presented for Her Majesty's Assent to the Governor as afoiesaid. Acts to be Printed. LX. The Governor shall cause every Act of the said General Assembly which he shall have assented to in Her Majesty's Name to bo printed in the Government Gazette for general Information, and such Publication by such Governor of any sucb Act shall be deemed to be in Law the Promulgation of the same. Duties not to be levied on Supplies for Troops, nor any Dues, &c., inconsistent with Tteaties. LXI. It shall not be lawful for the said Geneial Assembly to levy <n\y Duty upon Articles hnpoited (or the Supply of Her Majesty s Land or Sea Foices? or to levy any Duty, impose any Piohibition or Restiictions or Riant any Exemptions, Bounty, Drawback, or othe.i Privilege upon the Xmpoitation or Exportation of any

Articles, or to impose any Dues or Chirges upon Shipping contrary to or at variance with any Treaty or Treaties concluded by Her M ijesty with any Foreign Pj\ver. Expenses of Collection of Revenue. LXII The Governor shall be authorised to pay out of the Revenue arising from Taxes, Duties, Rates, and Imposts levied under any Act or Acts of the said General Assembly, and from (be Disposal of Waste Lands of the Crown all the Costs, Charges, and Expenses incident to the Collection, Management, and Receipt thereof; also to pay out of the said Revenue arising from the Disposal of Waste Lands of the Crown such Sums as may become payable under the Provisions hereinafter contained for or on account of the purchase of Land from aboriginal Natives, or the Release or Extinguishment of their Rights in any Land, and such Sums as may 'become payable to the New Zealand Com. pany under the Provisions of this Act in respect of the Sale or Alienation of Land : Provided always, that full and particular Accounts of all such Disbursements shall from time to time be laid before the Legislative Council and House of Representatives. Audit of Accounts. LXIII. All Costs, Charges, aud Expenses of or incident to the Collection, Management, and Receipt of Duties of Import and Export shall be regulated and audited in such manner as shall be directed by the Commissioneis of Her Majesty's Treasury of the United^ Kingdom of Great Britain and Ireland, and all such Costs, Chaiges, and Expenses in relation to other Blanches of the said Revenue shall be regulated and audited in such inanher as shall be directed by Laws of the said General Assembly. Grants for Civil and Judicial Services. LXIV. There shall be payable to Her Majesty, every year, out of the Revenue arising from such Taxes, Duties, Rates, and Imposts, and from the Disposal of such Waste Lands of the Crown in New Zealand, the several Sums mentioned in the Schedule to this Act; such several Sums to be paid for defraying the Expenses of the Services and Purposes mentioned in such Schedule, and to be issued by the Treasurer of New Zealand in discharge of such 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 Commissioners of Her Majesty's Treasury of the United Kiugdom of Great Britain and lieland, in such Manner and Form as Her Majesty shall be graciously pleased to direct. How the Appropriation of Sums granted may be varied. LXV. It shall be lawful for the General Assembly of New Zealand, bv any Act or Acts, to alter all or any of the Sums mentioned in the said Schedule, and the Appropriation of such Sums to the Services and Purposes therein mentioned; but every Bill which shall be passed by the said Legislative Council and House of Representatives altering the Salary of the Governor, or altering the Sum described as for Native Purposes, shall be reserved for the Signification of Her Majesty's Pleasure thereon, and until and subject to such alteration by-Act or Acts as aforesaid the Salaries of the Governor and Judges shall be those respectively set against their several Offices in the said Schedule; and Accounts in detail of the Expenditure of the several Sums for the Time being appropriated under this Act, or such Act or Acts as aforesaid of the said General Assembly, to the several Services and Purposes mentioned in the said Schedule, shall be laid before the said Legislative Council and House of Representatives within Thirty Days next after the beginning of the Session after such Ex-, penditure shall have been made : Provided always, that it shall not be lawful for the said General Asßembh,by any such Act as aforesaid to make any Diminution in the Salary of any Judge, to tnke effect during the continuance in Oflice of any Person being such Judge at the time of the passing of such Act. Appropriation of Revenue. LXVI. After and subject to the Payments to be made under the Provisions hereinbefore contained all the Revenue arising from Taxes, Duties, Rates, and Imposts, levied in virtue of any Act of the General Assembly, and from the Disposal of Waste Lands of the Crown, under any such Act made in pursuance of the Authority herein contained, shall be subject to be appropriated to such specific Purposes as by any Act of the said General Assembly shall be prescribed in that Behalf; and the Surplus of such Revenue which shall not be appropriated as aforesaid shall be divided among the several Provinces for the time being established in New Zealand under or by viitue of this Act, io the like propor. tion, as the gross Pioceeds of the said Revenue shall have aiisen therein respectively, and shall be paid over to the respective Treasuries of such Provinces for the public Uses thereof, and shall be subject to the Appropriation of the respective Provincial Councils of such Provinces. ' Power to General Assembly to alter Electoral Districts and' Number of Members of House of Representatives, &c. LXVII. It shall be lawful for the said General Assembly, by any Act or Acts, from Time to Time, to establish new Electoral Districts for the Purpose of Electing Members of the s>ai& House of Representatives) „ to alter the Boundaries of Electoral Districts for the Time being existing for such Purposes, to alter and appoint the Number of Members to be chosen for such Districts, to increase the whole Number of Members of the said House of Representatives, and to alter and Regulate the Appointment of Returning Officers, and make Provision in such manner as they may deem expedient for the Issue "and Retnrn oFWrits' for the Election of the Members of such House, and the Time and Place of holding such Elections, and "for the Determination of contested Elections for such House. Power to General Assembly "to make other "Alterations in the Constitution of the House of Representatives. LXV 111. It shall be lawfuji for the said General As* sembly, by any Act or Acts, to alter from Time to Time any Provisions of this Act and any Laws for the Time being in force concerning the Election of Members of the said House of Representatives, and the Qualification of Electors and Members; provided that every Bill for any of such Purposes shall be reserved for the Signification of Her Majesty's Pleasure thereon, and a Copy of such Bill shall be laid before both Houses of Parliament for the space of Thirty Days at the least before Her Majesty's Pleasure thereon shall be signified. Power to General Assembly to Constitute Provinces, and alter the Provisions concerning Election of Mem-/ bers, &c. LXIX. It shall be lawful for the said General Assembly, by any Act or Acts from Time to Time, to constitute new Provinces in New Zealand, to direct and appoint the Number of Members of which the Provincial Councils thereof shall consist, and to alter the Boundaries of any Provinces for the Time being'existing, and to alter the Provisions of this Act and any Laws for the Time being in force respecting the Election of Members of the Provincial Councils, the Power* of such Councils, and the Distribution of the said surplus Revenue between the several Provinces of NewZealand ; Provided always, that any Bill for any of the said Purposes shall be reserved for the Signification of Her Majesty's Pleasure thereon. Her Majesty may establish Municipal Corporations. LXX. It shall be lawful for Her Majesty, in and by any Letters Patent to be issued under the Great Seal of the United Kingdom, from Time to Time to constitute and establish within any District or Districts of New Zealand One or more Municipal Corporation or Corporations, and to grant to any such Corpoiation all or any of the Powers which, in pursuance of the Statutes in that Behalf made and provided, it is competent to Her Majesty to grant to the Inhabitants of any Town or Borough in England and Wales incorporated in virtue of such Statutes or any of them, and to qualify and restrict the Exercise of any such Powers in such and the same manner as, by the Statutes aforesaid or any of them, Her Majesty may qualify or restrict the Exercise of any such Powers as aforesaid in England : Provided always, that all Provisions of any such Letters Patent > and all By-lawa 01 Regulations made by any such Corporation, shall be subject to Alteration or Repeal by any Ordinance or Act of the Provincial Council for the Province in which any such Corporation may be established, or of the General Assembly, according to their respective Powers heieinbefore declared. Her Majesty may cause Laws of. Aboriginal Native Inhabitants to be maintained. LXXI. And whereas it may be expedient that the Laws, Customs, and Usages of the Aboriginal or Native Inhabitants of New Zealand, so far as they are not repugnant to the general Principles of Humanity, shonld for the present be maintained for thu Government of themselves, in all their Relations to and Dealings with each other, and that particular Districts should be set apart within which such Laws, Customs, or Usages should be bo observed : It shall be lawful for Her Majesty, by any Letters Patent to be issued under the Great Seal of the United Kingdom, from Time to Time to make Provision for tba Pin poses aforesaid, any Repugnancy of any such Native

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laws, Customs, or Usages to tfie Law of England, o: to any Law, Statute, or Usage in force in New Zealand or in any part thereof, in anywise notwithstanding. Power to General Assembly to regulate Sales of Wasti Lands. LXXII. Subject to the Provisions herein contained, it shall be lawful for the said General Assembly to maki Laws for regulating the Sale, Letting, Disposal, and Occupation of the Waste Lands of the Crown in New Zealand, and of all Lands wherein the Title of Native! •bould be extinguished as hereinbefore mentioned. Sating as to the Lands of Aboriginal Natire Tribes. LXXIII. It shall not be lawful for any Person other than Her Majesty, Her Heirs or Successors, to purchase or in anywise acquire or accept from the aboriginal Natives. Land of or belonging to or used or occupied by them in common as Tribes or Communities, or to accept »ny Release or Extinguishment of the Rights of such aboriginal Natives in any such Land as aforesaid ; and no Conveyance or Transfer, or Agreement for the Conveyance or Transfer of any such Land, either in perpetuity or for any Term or Period, either absolutely or conditionally, and either in Property or by way of Lease or Occupancy, and no such Release or Extinguishment as aforesaid, shall be of any Validity or Effect unless tbe°same be made to, or entered into with, and accepted by Her Majesty, Her Heirs or Successors : Provided always, that it shall be lawful for Her Majesty, Her Heirs and Successors, by Instructions under the Signet and Royal Sign Manual, or signified through Oae of Her Majesty's Principal Secretaries of State, to delegate Her Powers of accepting such Conveyances or Agreements, Releases or Relinquisbments, to the Governor of New Zealand, or the Superintendent of any Province within the Limits of such Province, and to prescribe or regulate the Terms on which such Conveyances or Agreements, Releases or Extinguishments, shall be accepted. 10 & 11 Vict,,c. 112. LXXIV. And whereas under and by virtue of an Act of the Session holden in the Tenth and Eleventh Years of Her Majesty, Chapter One hundred and twel»e, "to promote Colonization in New Zealand, and to authorise a Loan to the New Zealand Compauy," and of a Notice given on the Fourth day of July, One Thousand eight hundred and fifty by the New Zealand Company in pursuance of such Act, the Sum of Two hundred and sixty-eight thousand -three hundred and seventy Pounds fifteen Shillings with Interest after the yearly Rate of Three Pounds Ten Shillings per Centum upon the said Sura, or so much thereof as shall from Time to Tun- remain unpaid, is charged upon and payable to the New | Zealand Company out of the Proceeds of the Sales of the Demesne Lands of the Crown in New Zealand. Upon all Sales of Waste Lands Five Shillings per Acre to be paid to New Zealand Company till their Debt is discharged. Power to New Zealand Company to release. In respect of all Sales or other Alienations of any such Lands in Fee Simple or for any less Estate or Interest (except by way of Licence for Occupation for pastoral Purposes for any Term of Years not exceeding Fourteen, or by way of Reservation of such Lands as may be required for public Roads or other internal Communications whether by Land or Water, or for Use or Benefit of the aboriginal Inhabitants of the Country, or for Purposes of Military Defence, or as the Sites of Places of Public Worship, Schools, or other public Buildings, or as Places for the Interment of the Dead, or places for the Recreation and Amusement of the Inhabitants of any Town or Village, or as the Sites of public Quays or Landing Places on the Sea Coast or Shores of navigable Streams, or for any other Purpose of public Safety, Convenience, Health, or Enjoyment,) there shall be paid to the said New Zealand Company towards the Discharge of the Principal Sum and Interest charged as aforsaid, so long as the same or any Part thereof respectively shall remain unpaid, Sums after the Rate of Five Shillings for each Acre of Land so sold or alienated : Provided always, that it shall be lawful for the New. Zealand Company, by any Resolution of a Majority of the Proprietors of the said Company present at any Meeting of such Proprietor^ and certified under the Common Seal of such Company, to release all or any Part of the said Lands from the Monies or Payment charged thereon by the said Act or this Act, or any Part of such Monies or Payment, either absolutely or upon any Terms or Conditions, as such Proprietors may think fit. Saving as to Canterbury Settlement Lands. 13 & 14 Viet. c. 70. and 14 & 15 Viet. c. 84, LXXV. It shall not be lawful for the said General Assembly to repeal or interefere with all or any of the Provisions of an Act of the Session holden in the Thiiteenth and Forteenth Years of Her Majesty, Chapter Seventy, intituled *' An Act empowering the Canterbury Association to dispose of certain Lands in New Zealand," or of an Act passed in the Session then next following, Chapter Eighty-four, to alter and amend the said first-mentioned Act: Provided always, that on the Expiration or sooner Determination of the Functions, Powers, and Authorities now vested in or lawfully exercised by the said Association, the Provisions of the preseut Act shall come in iorce as regards the Lands to which the said Acts relate. Power to Canterbury Association to transfer their Powers to the Provincial Council. LXXVI. It shall be lawful for the Canterbury Association, at any Time after a Provincial Council shall have been constituted under this Act for the Province of Canterbury, to transfer to the said Council all such Functions, Power, and Authorities, and the said Council is hereby empowered to accept such Transfer, upon such Terms and Conditions as shall be agreed upon? between the said Council and the said Association : Provided always, that nothing contained in sucb Terms and Conditions ahall interfere with the Rights of Her Majesty, Her Heirs and Successors, or of the New Zealand Company respectively ; and from and after such Time as sball be agreed upon between the said Council mnd the said Association, the said Council shall have I and be entitled to exercise all the said Functions, Powers, and Authorities.

Saving as to Nelson Trust Fund. 14 & 15 Viet. c. 86. LXXVII. Nothing in tbis Act or in any Act, Law, • or Ordinance to be made by the said General Assembly, or by any Provincial Assembly, shall affect or interfere i with' so much of an Act of the Session holden in the Fourteenth and Fifteenth Years of Her Majesty, Chapter Eighty-six, intituled "An Act to regulate the Affairs i of certain Settlements established by the New Zealand Company in New Zealand," as relates to tbe Administration of the Fund for the public Purposes of the Settlement of Nelson. Power to Her Majesty to regulate tha Disposal of Waste Lands in Otago No Act of the General Assembly to interfere with such Regulations, save with Consent, &c. LXXVIIL And whereas certain Terms of Purchase and Pasturage of Land in the Settlement of Otago had been issued by tbe New Zealand Company before tbe Forth Day of July One thousand eight hundred and fifty, and tbe said Terms, or Part of them, were in force on that Day as Contracts between the New Zealand Company and tbe Association of Lay Members of tbe Free Church of Scotland, commonly called the Otago Association : And whereas by the provisions of the said Act of the Tenth and Eleventh Years of Her Majesty, and of the said Company in New Zealand reverted to and became vested in Her Majesty as Part of tbe Demesne Lands of the Crown, subject nevertheless to any Contract then subsisting in regard to any of the said Lands : And whereas, it is expedient that Provision should be made to enable Her Majesty to fulfil the Contracts contained in such Terms of Perchase and Pasturage as aforesaid : It shall be lawful for Her Majesty for that Purpose to make Provision, by way of Regulation to be contained in any Charter to be granted to the said Association, for the Disposal of the Lands to which the StM Terms of Purchase and Pasturage relate, so far as the same are still in force as aforesaid,' and for varying from Time to Time such Regulations, with such Consent by or on behalf of the said Association as in any such Charter or Instructions shall be specified, and for fixing the Boundaries thereof, and for enabling ihe said As>sociation to transfer its Powers to the Provincial Council for the Province of Otago : Provided alwajs, that no such Charter shall be granted or haTO Effect for any longer j Term than Ten Years from the passing of this Act; but One of Her Majesty's Principal Secretaries of State may at any Time during the Term for which such Chartfr shall be granted, by Writing under his Hand, extend the Term for which such Charter sball have been granted fur such furthpr Time as in his Discretion he may think fit: Provided always, {hat it sball not be lawful for Her Majesty, by any such Regulations as aforesaid, to diminish tne Sum now payable to tbe New Zealand Company in respect of all Waste Land sold under the said Terms of Puicliase, unlej-s with the Consent of the New Zealand Company, signified as herein before provided ; and dm ing the Continuance of such Charter as aforesaid, it stmll not be lawful for the said General Assembly to if peal or interfere with any such Regulations respecting Lands in Otago, except with such Consent by or on behalf of tbe Otago Association as in any such Charter or Instructions may be provided, and (so tar as the Rights of tbe New Zealand Company may be affected) with the Consent of such Company signified as herein-before provided j and every Bill which sball repeal or interfere with any such Regulations shall be reserved for tbe Signification of Her Majesty's Pleasuie tlu'reon. Her Majesty may delegate ceitain Powers to Governor . LXXIX. It sball be lawful for Her Majesty, by any such Letters Patent as aforesaid, or Instructions under Her Majesty's Signet and Sign Manual, or signified, through One of her Majesty's Principal Secretaries of State, to delegate to the Governor any of the Powers herein-before reserved to Her Majesty respecting the Establishment of Municipal Corpoiations, and the Preservation of aboriginal Laws, Customs and Usages. Interpretation of u Governor " and "New Zealand." LXXX. In the Construction of this Act the term " Governor" shall mean the Person for the Time being lawfully administering the Government of New Zealand ; and for the Purposes of this Act " New Zealand " shall be hpld to include all Territories, Islands, and Countries lying between Thirty-three Degrees of South Latitude and Fifty Degrees of South Latitude, and One hundred and sixty-two Decrees of East Longitude and One hundred and seventy-three Degrees of West Longitude, reckoning from the Meridian of Greenwich. Commencement of tbis Act. LXXXI. This Act shall be proclaimed in New Zealand by the Governor thereof within Su: Weeks after a Copy of such Act sball have been received by such Governor, and, save as herein expressly provided, sball take effect in New Zealand from the Day of such Proclamation thereof. Proclamation to be made in the New Zealand Gazette. LXXXII. The Proclamation of this Act, and all Proclamations to be made under the Provisions thereof, shall be published in the New Zealand Government Gazette.

Schedule referred to in the foregoing Act. Governor 2,500 Chief Justice 1,000 Puisne Judge 800 Establishment of the General Government 4,700 Superintendence of the Provinces 3,000 Native Purposes 7,000 £ 19.000

[From the " Times," May 20.] There never was a greater mistake than to suppose that Sir John PakingtoiFs constitution for New Zealand was a measure which could pass into a law without long debate and serious investigation. The measure is so complicated and so

novel, so unsupported by precedent, and ao little conformable to the dictates of political science, , that ire earnestly hope the House of Commons - will take the amplest time for investigation before 1 committing itself to its principles and details. Upon the care and fidelity with which the House executes its duties depends the destiny, for ages to come, of a territory which, if less teeming with natural wealth than Australia, possesses a climate peculiarly favourable to the British constitution, a soil suited for agriculture or pasture, and a situation which, far removed from the influence of neighbouring States, holds out to its population the prospect of finding their future weal or woe in the soundness of their own political institutions. It is proposed to divide these islands into seven portions — six provinces inhabited by European settlers, and the remainder possessed exclusively by the aboriginal natives. The Governor is to legislate for the aboriginal natives, and for each of the six provinces, containing in all twenty-six thousand Europeans. An elective Legislature is to be constituted, with a superintendent, receiving a salary of five hunded a-year, to preside over its deliberations. Here one would have thought was sufficient machinery to govern such a handful of people, but the framei'B of the bill have decided otherwise. There is to be a Central Legislature, consisting of two chambers, the one nominated by the Crown for life, the other elected by the people, and a Governor who shall have the power of vetoing the acts of the local and Central Legislatures. The Central Legislature is to have the j power of making laws on all subjects on which the local Legislatures can act, and on thirteen others on which they are forbidden to legislate. The Central Legislature is to have the exclusive raising of Customs' duties, and the appropriation and management of the revenue derivable from Crown Lands, on condition of paying to the New Zealand Company five shillings an acre on every acre of land sold. The surplus of this revenue, after defraying the expenses of the Central Government, is to be divided among the six local Legislatures in such proportions as the Central Legislature shall think fit to appoint. We have been thus particular in enumerating the provisions of this bill, in order that our readers may be fully prepared to understand the very grave and serious objections which exist against passing it into law. The first objection is, that it is contrary to the wishes of the colonists of New Zealand. In the papers recently presented relating to New Zealand for 1851 and 1852, will be found petitions from Auckland, Wellington, Nelson, and Otago, which we have not space to insert, but which deprecate a system of provincial Legislatures, and recommend a Central Legislature and Executive, with large municipal powers for the separate districts. The multiplication of local government is stigmatized as ostentatious and uselessly expensive, and a conviction is expressed that steam communication between the different ports would render a central Government possible and advantageous. We cannot wonder at these opinions, nor feel ourselves at liberty, as so many of the so-called friends of New Zealand do, to dissent from their justice, when we remember that it is proposed to inflict seven Legislatures, each with its separate Executive, on 26,000 Europeans ; and that if the same system of appointing a Legislature and Executive for every 4,000 persons were applied to these islands, we should possess 7,500 Parliaments, and disburse j£3,740,000 in the salaries of superintendents. If such a payment would be an intolerable burden to the purses, and such a multiplication of duties to the individuals of an old community, what must be the burden which were asked inflict on an infant settlement, especially when it is remembered that, besides this, they are expected to find members for a Central Legislature, and a civil list at the rate of 10s. a-head on the whole population for its support ? The Central Legislature is to occupy a subaltern position, which commands and is commanded. Towards the local Legislatures the Governor and Central Legislature will occupy the position which has hitherto been occupied towards colonial assemblages by the Queen and the Imperial Parliament. The Governor is armed with the same vexatious powers of veto as are now vested in Her Majesty, and the Central Legislature has the same power of appealing and overriding the acts of its subordinates as Parliament possesses. But, besides this, the Queen and Parliament can in their turn overrule the proceedings of the Central Government, and thus an act may be passed by the local Council, repealed by the Central Parliament, and restored by the veto of the Colonial-office. Whatever evil there be in the colonial system is doubled. Downing-street parts with none of its powers, but creates a feeble and worthless imitation of itself, doubling the complexity and mischief of the original system. The Central Government will be a kind of mean proportional between the local Assembly and the Colonial-office, standing to the one in the relation of a master, and to the other in that of a slave, capable of destroying all the acts of its subordinate on condition of submitting to the destruction of its own, like a Turkish. Pasha, who holds his own life on the same tenure as the slaves whom he may strangle or decapitate at his will.

Of the conflict of laws we have already spoken. Twenty-six thousand people are to be invited t» form six different codes, and two judges are to expound them all, and to decide, without the assistance of a bar, which does not exist in the colony, the endless questions of conflicting jurisdiction. A handful of Englishmen isolated in the Pacific are invited to split themselves into infinitesimal sections, and to multiply conflicting laws as fast as caprice or accident may dictate, careless of the interests of posterity, but destined to gather the bitter fruits of objectless and irrational partition. There are in every new country but two funds principally to be relied on for the purpose of revenue, — Customs' duties and the proceeds of the sale and letting of land; the labourer is rich, the employer is poor, capital is scarce, and direct taxation almost impossible. These two funds are in the hands of the Central Legislature, upon whose will it will depend whether any and what pioportion finds its way to the local Councils. One, body is to regulate the expenditure, another and a rival body to provide the ways and means. One body is to make laws another to repeal them at its pleasure. Every power is neutralized by a corresponding check, every institution is robbed of its" peculiar merit. A local Legislature, whatever be its defects, tends to generate a feeling of independence ; but this is detroyed by the predominating influence of the central body. A Central Legislature tends to despatch, uniformity, and economy of labour ; but these are taken away by the concurrent establishment of Local Councils. Such a S)stem must be fruitful in discord. 'There can be no doubt that the feelings of the people will support their local Councils, while law and authority will be on the side of the Central Legislature There can be as little doubt that jesflousy and ill-feeling will grow up between the antagonists we have been so careful to create. It maybe rash to speculate on the result, but it is not improbable that popular feeling may triumph over mere legal and constitutional obstacles, and that the local element may, in the contest we are about to originate, overpower the central. The result will be the division of these islands, small in extent and crowded by innaccessible mountains, into as many paltry republics as there shall be settlements on their coast. In vain will nature have removed them from a foreign enemy ; they I will be provided with an endless source of jealousy and animosity in the ill-advised division which we are forcing upon them, against their wishes and against the principles of sound and rational Government. We do not object to municipal institutions for each settlement, but to constitute them separate legislative units is to entail upon them the eternal discords of the Greek and Italian Kepublics. It is grievous to New Zealand to submit to its present state of mingled despotism and anarchy, but it is far better to submit to this a few months longer than to inflict upon her a Government fatal to her future hopes, and calculated to oppress her present struggles by ruinous expense, and destroy her future prospects by interminable discorJ.

A very serious viot had taken place at Bristol, ih consequence of the factory hands at the Great Western Cotton woi kb refusing to go through a contracted doorwa y which had been made by one of the managers, in. order to prevent the female operatives (of whom there were several hundreds employed in the factory) from carrying off the cotton -waste, for the purpose of destroying it. Fire engines were sent for which poured an immense stream upon the mob, who, becoming exasperated, returned the attack with a shower of stones and other missiles, and afterwards demolished all the windows of the factory. Several persons were severely injured. The Magistrates subsequently investigated the case, and fined tLe manager fire pounds for his illegal conduct on the occasion.