II.-JURISDICTION OF THE COUNCIL.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 550, 9 November 1850, Page 4

11. -JURISDICTION OF THE COUNCIL.

General Jurisdiction. 21. It shall be lawful for the Governor of the Province, with the advice and consent of the Legislative Council thereof, to make and ordain all such Laws and Ordinances as may he required for the Peare, Order, and good Government of the Province, subject nevertheless to the exceptions, limitations, and restrictions hereinafter contained. Laws to be subject to disallowance of Her Majesty, by the Governor-in-Chief. 22 All Laws and Ordinances to be made by the said Council shall be subject to the confirmation or disallowance of the Governor-in-Chief on behalf of Her Majesty in such manner and according to such regulations as Her Majesty shall from time to time prescribe in that behalf. Council to confoi in to Her Majesty's Instructions. I

Legislative Councils of the said Province respec- i tively. Apportionment between the several Pi (Winces. 28. In the apportionment of any such ultimate surplus between the said Provinces the part of the surplus* to he assigned to each shall hear to the whole of such surplus the same proportion which the part of the gross proceeds raised and collected -within such Province may have borne to the total amount of the gross proceeds of any such Duty, Tax, Bate, or Assessment. Subjects on which the Council are prohibited from legislating. 29. It shall not be competent for the said Council to make or enact any Law or Ordinance for any of the purposes hereinafter mentioned (that is to say) Ist. For the regulation of Duties of Customs to be imposed on the Importation or Exportation of any Goods at any Port or Place in the said Islands of New Zealand. 2nd. For the Establishment of a General Supreme Court, to be a Court of original Jurisdiction or of Appeal from any of the Superior Courts of any such separate Province as afore&aid. 3rd. For determining the extent of the Jurisdiction or the course or manner of proceeding of such General Supreme Court or of the said Superior Courts. 4th. For regulating the Current Coin of the said Islands, or any pait thereof, or the issue therein of any Bills, Notes, or other Paper Currency. sth. For determining the Weights and Measures to be used in the said Islands or in any part thereof. 6 th. For regulating the Post Offices within, and the cariiage of Letters within the said Islands. 7th. For Establishing Laws relating to Bankruptcy and Insolvency. Bth. For the erection and maintenance of Beacons and Light-houses on the coasts of the said Is lands. 9th. For the imposition of any duty or other charges on Shipping, at any Port or Harbour -within the same. 10th. For regulating Marriages -within the same or any part thereof. 11th. For affecting Crown Land or Lands belonging to the aboriginal native owners, or for inflicting any disabilities or restrictions on persons of the native race to which persons of European birth or descent would not also be subjected. 12th. For inflicting the punishment of death or j transportation for any crime or offence. 13th. For regulating the course of inheritance of real or personal property or for affecting the law } relating to wills. Any Ordinance on any such subject to be void. 30. And any Ordinance, or pretended Ordinance which may be made by the said Council, for any of the purposes hereinbefore set forth, shall be absolutely null and avoid to all intents and purposes.

HI. — PROCEEDINGS, &C OF THE COUNCIL. Speaker to be elected. 31. Every sucli Legislative Council shall imtnedi ately, on their first meeting and before proceeding to the despatch of any other business elect one of their members to be the Speaker thereof, which election being confirmed by the Governor of the Province shall be valid and effectual during the continuance of such Council, except in case of vacancy in the said office by death, resignation, or otherwise, in which case the election shall be repeated as hereinbefore provided. Speaker to preside. 32. The speaker so to be elected as aforesaid shall preside at all meetings of the said Council. Majority of Council a quorum. 33. The said Council shall not be competent to the despatch of any business, unless a majority of the whole number of members be present. Majority pi esent to decide. 34. 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, but m all cases wherein the votes shall be equal, the Speaker shall have a casting vote. Standing Mules to be made. 35. The said Council at their first Meeting, and from time to time afterwards, as occasion may re quire shall prepare and adopt such Standing Eules and Orders as may be best adapted for the orderly conduct of the business of such Council, which Rules and Orders shall be laid before the Governor of the Province, and being by him approved shall become binding and in force. And "Minutes" to be kept. 36. "Minutes" shall be kept of all the proceedings of the said Council by the Clerk thereof, and such Council shall not proceed to the despatch of business until the " Minutes" of the last Meeting have been read over and confirmed or coriected as laay be necessary. Laws to be styled Oi-dmances. 37. All Laws to be enacted by the said Council hall be styled " Ordinances enacted by the Governor or the Lieutenant-Governor as the case maybe) of he Province of , with the advice and conent of the Legislative Council thereof. Ordinances xohen to take effect. 38. Every such Ordinance shall take effect from , time to be therein for that purpose appointed. Fines, Penalties, tfc, to be reserved to Her Majesty. 39. All Ordinances made for levying monies and or imposing Fines, Penalties, or Forfeitures, shall jrant or reserve the same to Her Majesty, Her | keirs and Successors, for the public uses of the >rovince and the support of the Government thereof n such manner as by such Ordinances may be diected. And no such money shall by any such Orlinance be made issuable save only by Warrants to >c granted in pursuance thereof by the Governor of he Province. Governor may propose Laws. 40. It shall be lawful for the Governor of the I'rovince to transmit to the said Council for their onsideration, the draft of any such law as it may ppear to such Governor desirable to introduce, and ,ny amendments which he shall desire to be made a any Bill presented to him for the assent of the Jovernor-in-Chief, and such proposed law shall hereupon be considered by the Council in like aanner as if the same were a Bill which had origitated therein. And it shall be lawful for the Council o return auy Bill to which the Governor shall have o made any amendments, with a message sigmryng to which of the amendments the Council agree md those to which they disagree, and thereupon the Joveruor of the Province shall give or withhold his

assent to, or reserve such Bill at his discretion as , hereinafter provided. Ordinances to be presented to Governor. 41. Every Ordinance which may have heen passed by the said Council, and also every law pfoposed by the Governor of the Province, which shall have been passed by the said Council, whether with or without amendments, shall be presented to the Governor of the Province for the assent of the Goveraor-in-Chief. Power to Governor of Province to assent to, disallow, or reserve Ordinances. 42. It shall be lawful for the Governor of the Province at his discretion to declare that he assents to such Bills on behalf of the Governor -in-Chief, or thathe withholds the assent of the Governor-in-Chief, or thathe reserves such Bill for the signification of the Governor-in-Chief 's pleasure thereon : Provided, that all Bills altering and affecting the division and extent of the several districts and towns, which shall be represented in the said Council, or establishing new or other divisions of the same, or altering the" number of the members of the Council to be chosen by the said districts and towns respectively, or altering the number of the members of such Council shall in every such case be so reserved as aforesaid. When assented to by Governor, to be sent to Govemor-vn-Chief 43. Whenever any Ordinance which shall have been presented to the Governor of the Province for the assent of the Governor-in-Chief shall by such Governor have been assented to in behalf of the Governor-in-Chief, the Governor of the Province shall by the first convenient opportunity transmit to the Govemor-in- Chief an authentic copy of such Ordinance so assented to. Power to Govtrnor-in-Chtef on behalf of Crown to disallow Ordinances. 44. It shall be lawful for the Governor in-Chief at any time within (twelve calendar months) after any such Ordinance shall have been received by him, by proclamation in the Government Gazette to declare his disallowance of such Ordinance, and such disallowance shall make void and annul the same from and after a day to be named in such proclamation, as aforesaid. Reserved Ordinances. 45. The Ordinance which shall be reserved for the signification of the Governor-in-Chief thereon shall not have any force or authority within the Province, until the Governor of the Province shall signify either by speech or message to the said Council or by proclamation as aforesaid, that such Ordinance has been laid before the Governor-in-Chief, and that the Governor-in-Chief has assented to the same. : Assent of Governor-in-Chief to be entered on Journal. 40. An entry shall be made in the journals of the said Council, of every such speech, message, or proclamation as aforesaid, 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 Province. Assent on itserved Ordinance to be given within ( year.) 47. The Ordinance which shall be so reserved as aforesaid shall not have any force or authority in the Province unless the assent of the Governor-in-Cliief thereto shall have been so signified as aforesaid within the space of (twelve calendar months) from the day on which such Bill shall have been presented to the Governor of the Province for the assent of the Governor-in-Chief a3 hereinbefore provided. Also if to take effect from time to be fixed by Governor-in-Chief. 48. If any such Ordinance shall be made to take effect from the time of the signification of the pleasure of the Governor-in-Chief therein, then unless such confirmation thereof shall have been signified within (twelve calendar months) next after the date thereof, every such Ordinance shall from and after the expiration of that time be considered as being disallowed. Reserved Ordinances when deemed to be disallowed. 49. If any such Ordinance shall be reserved by the Governor of the Province for the signification of the pleasure of the Governor-in-Chief, as hereinbefore provided, then in like manner such Ordinance shall be considered to be disallowed, unless the confirmation thereof shall have been signified as hereinbefore provided within (twelve calendar months) next after the date of the same. Effect of Disallowance. 50. If any such Ordinance shall be, or be deemed to be, disallowed by the Governor-in-Chief the said Ordinance shall cease to have any operation or effect either upon and from such lapse of time as aforesaid, or from a day to be named in the Proclamation signifying such disallowance, but no such disallowance shall have any retrospective operation, or shall render invalid or void any act done under the authority or in pursuance of any Ordinance, before such signification of the disallowance thereof as aforesaid. ConstructionofOrdinancesto'bepassedbyProvlnciaWouncils. : 51. In the construction of all such Ordinances sa to be made as aforesaid the word "Governor," shall be taken to include the Lieutenant-Governor, and any word or words importing the singular number or the masculine gender only shall respectively be understood to include several persons, matters and things, as well as one person, matter or thing, and females as well as males, unless there be somethingin the subject or context repugnant to such construction. Construction of this Ordinance. 52. In the construction of this Ordinance the term "Governor-in-Chief" shall be deemed to include the person for the time being acting in that capacity, and the term " Governor" shall be deemed to include the Lieutenant-Governor. Commencement of Ordinance. 53. This Ordinance shall come into operation, so far as relates to the Provinces of New Ulster and New Munster, on the passing hereof, at such time as the Governor in-Chief, by Proclamation in the New Zealand Government Gazette shall for that purpose direct and appoint.