PROVINCIAL COUNCILS BILL.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 550, 9 November 1850, Page 3

PROVINCIAL COUNCILS BILL.

An Ordinance to provide for the Establishment of Provincial Legislative Councils, and for the Election, &c, of Members to serve therein. Preamble, Reciting the Division of tlie Colony into Provinces. Whereas, in pursuance of the provisions of an Act made and enaoted in the Parliament, holden in the 9th and 10th years of the Reign of her Majesty Queen Victoria, intituled "An Act to make further provision for the Government of the New Zealand Islands," her Majesty by certain Letters Patent under the Great Seal of the United Kingdom, bearing dat^ on the 23rd day of December, 1846, did ordain uud appoint that the said Islands of New Zealand should be divided into two separate Provinces, to be called respectively the " Province of New Ulster and the Province of New Munster." And whereas by an Act made and enacted in the Parliament holden in the 11th year of the reign of her Majesty intituled " An Act to suspend for Five Years the operation of certain parts of an Act o I the 10th year of her present Majesty for making further provision for the Government of the New Zealand Islands and to make other provisions in lieu thereof," it is amongst other things enacted, that it shall be lawful for the Governor-in-Chief of New Zealand, by the advice and consent of the Legislative Council thereof, by Ordinance to constitute within and for any of the Provinces into which, the Islands of New Zealand were then or might thereafter be divided, a Provincial Legislative Council to be appointed or elected, or appointed and elected, in such manner by such person or persons as by such Ordinance shall be provided in that behalf, and that the Provincial Legislative Council or Councils so constituted shall have all such rights, provisions, jurisdiction, and authority as shall be granted in that behalf to the said Provincial Legislative Council or Councils or either of them by such Ordinance and none other. And whereas by an Ordinance enacted by the Governor in-Chief of New Zealand, with the advice and consent of the Legislative Council thereof, September 9, No. 1, intituled "An Oidinance to provide for the Establishment of Provincial Legislative Councils in the colony of New Zealand, it is amongst other things enacted, that for each of the Provinces into which the Islands of New Zealand then were or might thereafter be divided there shall be a Legislative Council of not less than nine Members, to consist of the Members of the Executive Council of the Province, and of such other persons as the Governor or Lieutenant Governor might summon and appoint to be members of such Legislative Council. And whereas it is expedient that in the Province of New Ulster and in the Province of New Munster a portion of the Members of the said Council be elected by the Inhabitants of the said Provinces respectively. And in any Province which may hereafter be constituted that a portion of the members of such Council should also be elected so soon as Electoral Districts can be defined therein for the purposes of such election and other necessary provisions can conveniently be made in that

trict for which he may be elected to serve as a Member.

Qualification of Electors. 5. The elective Membeis of every such Council shall be chosen by the votes of the inhabitants of the Province who may be qualified as hereinafter mentioned, (that is to say) every man at the age of twenty-oue years or (except asheieinafter mentioned) upwards, and having a freehold estate in possession situate within the District for which the vote is to be given of the clear value of £i>o above all charges and incumbrances, and of or to which he has been seized or entitled either at law or m equity for at least six calendar months next before the last registration of Electors, or being a householder within such District, occupying a dwelling house within the limits of a Town (to be proclaimed as such by the Governor-in-Chief for the purposes of this Ordinance) of the clear annual value of .£lO, or without the limits of a Town of the clear annual value of £5, and having resided therein six calendar months next before such registration as aforesaid ; or haying a leasehold estate in possession, situate within the Districts for which the vote is to be given of the value of per annum, held upon a limit which at the date of such registration shall have not less than three years to run, shall, if duly registered, be entitled to vote at the election of a member or members for the District. Disqualification. 6. Provided always that no person shall be entitled to vote at any such Election who is an alien, or who at any time theretofore shall have been attainted or convicted of any Treason, Felony, or Infamous offence within any part of her Majesty's dominions. Appointment of non-elective Members. 7. The non-elective Members of every such Council shall be appointed in manner hereinafter mentioned (that is to say) It shall be lawful for the Governor of the Province by letters patent under the great seal of the Province from time to time to appoint such persons as he may think proper to be personally or by virtue of their office non-elective Members of any such Council. Provided always that no such appointment shall be made until the return of the Writs for the Election of the Elective Members. Duration of Office. 8. Every non-elective Member of any such Council shall hold his seat therein for Two years from the day of his appointment or, until the Council shall be sooner dissolved. Resignation of Councillors. 9. It shall be lawful for any Legislative Councillor elective or non-elective — by writing under his hand addressed to the Governor of the Province to resign his seat in the said Council, and upon such resignation the seat of such. Legislative Councillor shall become vacant. Seats in Council how forfeited. 10. If any Legislative Councillor shall for two successive Sessions of the Legislature of the Province fail to give his attendance in the said Council 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 be

convicted of Felony, or any Infamous offence, or shall become non compos mentis, his seat in sucb Council shall thereupon become vacant. Councillor* fitting virtute officii, to vacate his teat when out of office. 11. If any person who shall have been designated as a non-elective Member of any such Council as the holder of a public office shall cease to hold such office, his seat in the said Council shall thereupon become vacant. Questions of vacancy hew to be decided. 12. Any question which shall arise respecting any vacancy in the said Council on occasion of any of the matters aforesaid, shall be heard and determined by such Council on such questions being refer red to them for that purpose by the Governor of the Province, and not otherwise. . Vacancies how to be filled up. 13. Whenever it shall be established to the satis faction of the Governor of the Province that the seat of any Legislative Councillor hath become vacant, such Governor shall forthwith issue a writ for the election,-<rf, or shall forthwith appoint a new MemberCas the case may require) to serve in the place so vacated duiing the remaindei of the term of the continuance of such Council and no longer. New elections how tB be made. 14. Every such new appointnn nt or election shall be made in manner hereinafter provided. Duration of Council. 15. Every such Legislative Council shall continue for the period of two years from the day of the return of the writs for closing the same and no longer, subject nevertheless to be sooner prorogued or dissolved as hereinafter mentioned. Council to meet at least once a year. 16. There shall be a Session of every such Council once at least in eveiy year, so that a greater period than twelve calendar months shall not intervene between the last sitting of the Council in one session to the first sitting of the Council in the "next session. First meeting of Council. 17. The first Writs for the Election of Members of such Council for the Provinces of New Ulster and New Munster shall be issued at some period not later than twelve calendar months after the passing of this Ordinance. And the first Writs for the Election of Members of such Council for any such new Province as aforesaid, shall be issued at some period not later than twelve calendar months after this Ordinance shall be proclaimed to come into operation within the same as hereinafter provided. Time and place of Meeting. 18. It shall be lawful for the Governor of the Province for the time being, by Proclamation in the Government Gazette, to fix such place or places within the limits of the Province, and such times for holding the first and every other Session of the said Council as he may think fit, and from time to time in manner aforesaid to alter and vary the same as he may judge advisable and most consistent with general convenience. Prorogation, $c, of Council. 19. It shall also be lawful for the Governor of the Province to prorogue the said Council from time to time, and by Proclamation or otherwise to dissolve the same whenever he shall deem it expedient so to do. Expenses of Members. 20. Every Member of the said Council whose ordinary place of abode shall be more than 25 miles from the place where any Meeting of such Council may be holden shall be entitled to receive, and there shall be paid over to him on the first day of each session by the Clerk of the Council the sum of £50 for and towards defraying the travelling and other expenses incurred by such Member in attending the Meeting of the Council, and all sums so paid shall be chargeable upon and payable out of the General Revenue of the Province.