AN ACTTO GRANT A REPRESENTATIVE CONTSITUTION TO THE COLONY OF NEW ZEALAND.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 758, 6 November 1852, Page 3

AN ACT TO GRANT A REPRESENTATIVE CONTSITUTION TO THE COLONY OF NEW ZEALAND.

Whereas by an act of the Session hblden in the thhd and fourth year 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 uuder the great seal of the United* Kingdom, to erect into a separate colony or colonies any islands which then were or which thereafter might be comprised within^ and be dependencies of the colony of New South Wales : and whereas, in pursuance of the powers in her vested by the' said actj her Majesty did, by certain letters patent under the great seal of the United, Kingdom, bearing date the sixteenth day of November in the fourth year, of her-reign, erect into- a 1a 1 separate colony the islands of New Zealand, theretofore comprised within or dependences .of the colony of New South Wales, bounded as .therein described, and thecsaid -islands^ of , New Zealand were thereby erected into a separate colony accordingly,; and her Majesty did by the said letters patent authorize the Governorfor 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and all charters, letters patent, instructions, and orders in council made and issued int pursuance thereof, were repealed, abrogated, and annulled, so far as the same were repugnant to the act now in recital, or any letters patent, charters, orders in council, or royal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 vesied in her Majesty, to be executed byletters 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 pursuauce of the said last mentioned act, her 'Majesty did,, by letters patent bearing date at Westminster the twentythird- day of December in the tenth, year of her reign, and by certain instructionsmade and^approved as required by such act, and bearing even date with and accompanying the said letters patent, execute certain' of, the powersby 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 five, so mucli of the said act secondly herein recited, and the said 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 be carried into effect before the expiration of that period ; and by the act now in recital the said firstly-recited act, letters patent, and instructions were revived for the time during which the said secondly-recited, act, letters patent, and instructions were suspended as aforesaid ; and by the act now in recital certain powers were vested respectively in the Governor-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 : 1 . 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 this 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 had 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 thisjact : Providjd^al^o, that, "until tKe 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 thisact, the existing Provincial 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 ; and! until the expiration of the time "appointed for" the return of the writs for the first election of the members of the House of Representatives to be constituted under this act, , the Legislatve Council of New Zealand shall continue to have and excercise all rights, jurisdiction, powers, and authorities which such Legislative Council would have had if this act had not been passed. 2. The following Provinces are hereby esta blished 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 soon as coveniently may be after the Proclamation of this act in New Zealand. '3. For each of the said Provinces hereby established, and for every Province hereafter to be established as hereinafter to be provided, there shall be a Superintendent and a Provincial ' Council, and the Provincial Council of each of the said Provinces hereby established shall consist of such number of members, not less than nine, as the Governor shall by Proclamation direct and appoint. 4. Upon or before the issue of writs for the first election of members of the Provincial Council for any Province established by or under this act, the Persons duly qualified in each of the said Provinces to elect members for the Provincial Ceuncils as hereinafter mentioned shall elect a Superintendent of such Province : and on the-termination of such Council by expiration of the period hereinafter fixeckfor its continuance,, or by tEe previous dissolution thereof, the persons- qualified as aforesaid shall elect the same or some other person to be Superintendent, and so on from time to time ; and every such Superintendent shall hold his office until the election of his successor : Provided always, that it shall be lawful for the Governor 1 of New Zealand, on behalf of her Majesty, to disallow any such election ; and if such-disal-lowance be signified by the Governor, under the seal of New Zealand', to the Speaker of such Council, at any time within three months after election, the office of Superintendent shall become vacant ; and on any vacancy occasioned by such disallowance,' or by the death or resignation of the .Superintendent (such resignation being accepted by (the Governor, on behalf of her Majesty), a new election shall in like manner take place : Provided farther, that at any time during the continuance of the office of anysuch Superintendent it shall be lawful for her Majesty to "remove him from such office, on receiving an address signed by the majority of the" members of such Provincial Council praying for such-removal ;- and thereupon the like proceedings shall be had as in the case of any such vacancy as above mentioned. \ ■ <iJ ' 5. It shall be lawful for the Governor, by , Proclamation, to constitute within each of the said Provinces hereby established convenient . electoral districts for the election of membeis ofthe Provincial Council, and of the Superin-

tendent, and to appoint and declare the number of members to, be elected for each such district for, the Provincial Council, and to make.provision; for. the registration, and revision of. lists of all persons qualified to vote at the elections to be_holden within such districts, and' for the appointing, of -returning officers, and. for issuing, executing., and returning the necessary writs for such elections, andr for* taking the poll theteat^and for .determining the validity ofr.all disputed returns, and otherwise for .1 ensuring the orderly/ effective,' and impartial conduct of such elections ; and, in determining the number and extent of • such electoral districts,. and the number, of members to be elected for each district, * regard shall be had to the number of electors within the same, so that. the number of members to be. assigned to anyone district may bear to the whole number < of the -nrsembers of the said Council, as nearly as may be, Ihesatne proportion as the number of' electors within such district shall bear to> the .whole number of electorsiwithin the limits of the Province. 6. person within any Province hereby established or hereafter to be established who shall be^legally qualified as an elector, and duly registered as such, shall be qualified to be elected a 'member- of the Provincial Council thereof, or ,tojbe elected Superintendent thereof: Provided always, that it shall not be necessary that he reside or possess the qualification in the particular district for which he may be elected •to serve as. a member. 7. f The members 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 of the age of twenty-one years or upwards having a freehold estate in possession situate within the district for which the vote is to be given of -the clear value of fifty pounds above all charges and incumbrances, and of or to which he .has been seised or entitled, either at law or in equity, for at least six calendar months next before the last registration of electors, or having a leasehold estate in possession situate within such district, of the clear annual value of ten pounds, held upon a lease which at the time of such registration shall "have not less than three years to run, or having a leasehold estate so situate, and of such value as aforesaid, of which he has been in possession for three years or upwards next before su:h registration, or being a householder within such district occupying a tenement within the limits cf a town (to be proclaimed as such by the Governor for the purposes of this act) of the clear annual value of ten pounds, or without the limits of a town "of the clear annual value of five pounds, and having resided therein six -calendar months next before such registration as aforesaid, shall, if duly registered, be entitled to vote at the election of a member or members for the district. 8. 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, unless he shall have received a free, pardon, of shall have undergone the sentence or punishment to which he shall have been adjudged for such offence. 9. It shall be lawful for any member of any Provincial Council, by writing under his hand, addressed to the Superintendent of the Province, to resign .his seat in the said Council ; and upon the receipt by the Superintendent of such resignation the seat of such member shall become vacant. 10. If any member of any Provincial Council shall for two successive sessions of such Council fail to give his attendance itherein, or shall become an insolvent debtor within the meaning of the laws relating to insolvent debtors, or shall become a public defaulter, or be attainted of treason, or be convicted of felony or any infamous offence, his seat in such Council shall thereupon become vacant. *~\ 11. Any question which shall arise respecting any vacancy in a Provincial Council on occasion of any of the matters aforesaid shall be heard and determined by such CouncD, on such question being referred to them for that purpose by the Superintendent of the Province, and not otherwise. 12. Whenever it shall be established to the satisfaction of the Superintendent tbat the seat of any member of the Provincial Council has become vacant, the Superintendent shall forthwith issue a writ for the election of a new member to serve in the place so vacated, during ttie remainder of the term of the continuance of such Council, and no longer. 13. Every Provincial Qouncil shall continue for the period of four years from the day of the return of the writs for choosing the same, and no longer : provided always, that it shall be lawful for the Governor, by proclamation 'or otherwise, sooner to dissolve the same, whenever he shall deem it expedient so to do. 14. The" Governor shall cause the first writs for the electjon of- members of the^Prpyincial Council of every Province hereby established to be issued ,at some time not later than six -calendar months next after the proclamation of this act in New Zealand ; and upon the expiration of the said period of the continuance of any Provincial Council, or- upon the previous dissolution thereof, the Governor shall cause writs to be issued for the election of members of the ensuing Council. 15. It shall be" lawful for the Superintendent 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 Provincial Council, as he may think fit; and from time to time, in manner aforesaid, to alter and vary such times and places as he may judge advisable, and most consistent with general convenience. 16. It shall be lawful for the Superintendent to prorogue such Council from time to time, whenever he shall deem it expedient so to do. 17. Provided, always, that there, shall be a Session of every Provincial Council, once at least in every year, so that a greater period than twelve calendar months shall not intervene between the last sitting of the Council in one session and the first sitting of the Council ia the next session. „ 18. It shall be lawful for the Superintendent of each province, with the advice and con-

sent .of the Provincial Council thereof, to make and ordain all such ' laws and ordinances (ex--cept and subject as -herein-after mentioned) as may be required forHhe peace, order, and good government of such province, provided- that the same be not repugnant to the law of England. 19. It shall not be lawful for the Superintendent and Provincial -Council to make or ordain any law or ordinance for any of the'purposes hereinafter 'mentioned ji^thatis to say) ' 1. The imposition ' or regulation of duties of ' Customs to be imposed on" the importation ' or exportation' of any goods'at any port or place in the province : 2. The establishment or abolition of any : court of judicature of civil or criminal jurisdiction, except courts for trying and ' punishing such offences as by the law of New Zealand are or may be made, punishable in a summary way, or altering the constitution, jurisdiction, or practice of any such court, except as aforesaid : 3. Regulating, any of the current coin, or the issue of any bills, notes, or other paper currency : 4. Regulating the weights and measures to be used in the province or in any part „ thereof: 5. Regulating the post-offices and the^carriage of letters within the province : 6. Establishing, altering,- or repealing laws relating to bankruptcy or insolvency : 7. The erection and maintenance of beacons and lighthouses on the coast : 8. The imposition of any dues or other charges on shipping at any port or harbour in the province : 9. Regulating maniages : 10. Affecting lands of the Crown, or lands to which the title of the aboriginal' native owners has. never been extinguished : 11. Inflicting any disabilities or restrictions on persons of the native race to which persons of European birth or descent would not also be subjected : ' 12. Altering in any way the criminal law of New Zealand, except so far as relates, to' the trial and punishment of such offences* as are now or may by the criminal' law of New Zealand be punishable in a summary way as aforesaid ; 13. Regulating the course of inheritance of real or personal property, or affecting the law relating to wills. 20. Every Provincial Council shall immediately on their first meeting, and before proceeding to the despatch of any other business, i elect one of their members to be the Speaker thereof, during the continuance of such Council, which election being confirmed by the Superintendent shall be valid and effectual ; and in case of vacancy in the said office by death, resignation, or otherwise, then and so often as the same shall happen, the election shall be repeated and confirmed as aforesaid. 21. The Speaker of each Provincial Council shall preside at the meetings of such Council ; but in his absence some member elected by the Council shall preside. 22. No Provincial Council shall be competent to the despatch of any business, unless one-tbird of the whole number of members be present. 23. All questions which shall arise in any such Council shall be decided by the majority of votes of the members present other than" the Speaker or presiding member; but in all cases wherein the votes shall be equal, the ' Speaker or presiding member shall have a casting vote. 24. Every Provincial Council at their first meeting, and from time to time afterwards, as occasion may require, shall prepare and adoptt such standing rules 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-Superintendent, and being by him approved, shall then become binding and in force. 25. It shall not be lawful for any Provincial Council to pass, or for the Superintendent to assent to, any bill appropriating any money to the public service, unless the Superintendent shall first bave recommended to the Council to make' provision for the specific service to Which such money is to be appropriated ; and no such money' shall be issued or made issuable, except by warrants to be granted by the Superintendent. 26. It shall be lawful for the Superintendent to transmit to the Provincial Council, for their consideration, the drafts of any such laws or or-, dinances as it may appear to him to be desirable to introduce, and all such drafts shall be taken into consideration in such convenient manner as in and by such rules and orders as aforesaid; shall be in that behalf provided. 27. Every bill passed by the Provincial Coun- | cil shall be presented to the Superintendent for the Goveruor's assent,andthe Superintendent sbtll declare, according to bis discretion, (butsqbject-. nevertheless to the 'provisions herein contained and to such instructions as may from time to time' be given him by the Governor,) that he assent* to such bill on behalf of the Governor, or that he' withholds the assent of the Governor, or that be reserves such bill for the' signification of the, Governor's pleasure thereon ; provided always/ that it shall and may be lawful for the Superinten-. dent, 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 to return such bill with such amendments to such* council, and the consideration of such amendments by such council shall take place in such conven-; ient manner as shall in and by the rules and' orders aforesaid he in that behalf provided ; provided also, that all bills altering or affecting the extent, of the several electoral districts which shall be represented in the Provincial Council, or es-i tablisbing new or other such electoral districts, or' altering the number of the members of such', council to be chosen by the sard districts respectively, or altering the number of the members of 1 such council, or altering the limits of any townor, establishing any new- town, shall be so reserved as- aforesaid. 28. Whenever any bill shall have been assented tob y the Superintendent «s a 'oresard, the Superintendent shall forthwith transmit to the Governor an authentic copy thereof. '29. It shall be lawful for the Governor at any

i time within three months afterany such bill-shall - have- been received ? by him to declare by proclai raation his disallowance of; such bill, and such [ disallowance shall make void and annul the same i from and after .,the day of the date of such proclamation or any- subsequent day to be named , therein. 30. No vßill which' shall be reserved for* toe signification of the assent of the GoVerrior v sh'all have any foriee^i: authority Within the province r until the Superintendent "shall 1 signify eitherby speech or message -to the ' Provincial-Council, or by proclamation in the Government Gazette} that such bill- has" been laid before the Governor and that the Governor has Miented to the/same ; and an entry shall be made in the journals of the Provincial Gounc 1 of-ever? such speech, message; or proclamation, and a duplicate thereof, duly attested, shall be delivered to the Registrar of the Supreme Court, or other proper officer, to be kept among the records of the province ; 'and no bill which shall be so reserved as aforesaid' shall have any force or authority within the province unless the assent 6f the Governor thereto shall have been so signified as aforesaid within three months next after the day on which such bill, shall have been presented to the Superintendent for the Governor's assent. 31. It shall be lawfuh^for the Governor from 'time to rime, to transrn|t f tb, the Superintendent -of any province, for his, guidance in assenting to or withholding assent from "bills, or reserving the same for the signification of the Governor's pleasure, thereon, such -instructions as to the Governor sijall -seem %. and 'it shall be the duty of the Superintendent to act in obedience to such instructions. 32. There shall be within the colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and House of Representatives. 33. For constituting the Legislative Council of New Zealand, it shall be lawful for her Majesty, before the time to be 'appointed for the first meeting of the<General Assembly, by an instrument under her royal sign manual, 'to authorise 1 the Governor in her Majesty's flame, to summon to the said Legislative Council juch persons, being not less in number than ten, as her Majesty shall think fit ; and it shall also be lawful for her Majesty from time to time in like manner to authorize the Governor to summon to the said Legislative Council such other person orpersons . as her Majesty shall think fit, either for supplying any vacancy <or vacancies or otherwise/ and every person who shall be so summoned shall thereby become a member of the said Legislative Council : Provided always, that no person shall be summoned to such Legislative Council who shall not be of the full age of twenty. one years, and a natural born subject of her Majesty, or a subject of her M-ejesty naturalized by A.ct of Parliament, or by an act of the Legislature of New >Zea--land. -34. Every -member of the Legislative Council of New -Zealand shall hold his 'seat therein for the term of , bis life, subject nevertheless to the provisions herein- after contained for vacating the i' i same. 35. 'It' shall be lawful for any member of the said Legislative Oou-Dcil, by writing under his band addressed to the Governor, to resign his seat in the said Council, and upon such resignation and acceptance thereof by the Governor, the seat of such member shall become vacant. 36. If any Legislative Councillor of New, Zealand shall for two successive sessions of the. General Assembly, without the permission of her Majesty or of the Governor, signified by the said Governor to the .Legislative Council, fail to give his attendance in the -said Legislative Council, or shall take any oath oi make any 'declaration or) acknowledgment of allegiance, obedience, x>r adherence to any foreign Prince or Power, or shall, do t concur in, or sdopt any act whereby h-e may become a subject or citizen of any foreign state or power, or become entitled to the rights, privileges, or immunities of a subject or Citizen of any foreign state or Power, or shall become bankrupt, or shall become an insolvent debtor, within the meaning of the laws relating to insolvent deDCors, or-shall become a public defaulter, or be attainted of treason,' or be convicted of felony or any infamous crime, bis seat in such Council shall thereby become vacant. . 37.' Any question which shall arise respecting any vacancy in the' said Legislative Council oh occasion of any of the matters aforesaid shall he referred by the Governor to the said Legislative Council, to be by the said Legislative Council heard aad determined: provided always, that it' shall be lawful, eilh'er for the person respecting whose seat such question shall have Arisen, t>r for her Majesty's Attorney General for New Zealand ton her Majesty's behalf, 1o appeal from the determination of the said CoOncil in such case to her Majesty, and the judgment of her Majesty given with the" -advice of her PriVy Council thereon shall be final and conclusive to all intents and purposes". " , 38. The Governor shall have power and authority from time, to tjmjg to appoint one member of the said, LegTßiati^ "Court cil to be "Speaker of such Council, and to remove him and appoint another in his stead. 39. The presence of at least five members of the said Legislative Council, including the Speaker, shall be necessary to constitute a meeting for the exercise of its powers ; and. all questions which shall arise in the said .Legislative Council shall be- decided by a majority of Votes of the members present other than the Speaker, and when the votes shall be equal the Speaker shall have the casting vote. 40. For the purpose of constituting the House of Representatives of New Zealand,- it shall be lawful for the Governor, within the time hereinafter mentioned, and thereafter ffora time to tiifce ,&s occasion shall require, by proclamation in her Majesty's name, to summon and. call together a House of' Representatives in and- for New Zealand, such house of representatives to consist of such r/umber of rae'rribers, not more thai* fortytwo nor lfss than 1 twenty-four, as the Governor shall by proclamation in that behalf direct and' appoint ; { and every such house' of representative's' stall, unless the General Assembly shall be sooner dissolved, continue for the period of- five years, from the day of the return .trf the writs for choosing such House, and no longer. 41. It shall be lawful for the Governor by proclamation to constitute within New Zealand convenient electoral district's for the election of

•members of the said House of Representatives, 'and-rtarappoint and- declare the -number of: such 'members .to be elected for each such' district, and 'to make provision (so 'far as may be necessary beyond the provision which may be made for the like purposes in relationto elections for Provincial Councils) for the registration and revision of lists of all persons qualified^to Vote' at/the elections to ; be holdeu Vuhin "such* districts, and' also provision for rtbe N :appo}ptipg of returning officers, and" for' issuing,— executing, and returning the riecessaVy writs for ■ elections 'of inehißeff'bf'tße House "of •Representatives,^ and "tbr fl taking 'the poll 'thereat^ and otherwise for ensuring 'the orderly, effective, and 'impartial conduct of such ejections ; and in determining the number and extent of such electoral districts, and the' number ! of members to be elected for eacli^ district, regard shall be had to 'the number of electors within the same, so that the r number 'of members' 1 to be assigned to any one' district ' may bear to* the 'wbdle number; of the members" of J the* House of v Representatives, as nearly as may be, the same, proportion as -the number of electors within 'such district ''shall- bear to the whole number of elefc-% 'tors in New ' Zealand. 42. Themembersof the said House of Representatives- to be cbo'seTV in" 'every "electoral dis-trict,-appointed for that' purpose, shall " be 'chos"?ir by tlie votes of th«f inhabitants of New Zealand^ ! wlio r sha'll posses* within*, such-district the .like ,(jualrfie»tions which, when -possessed within an Electoral district appointed for the election of 'members of a Provincial Council, would entitle Inhabitants of the Province to vote in -the election of members of- the Provincial' Council thereof, and who shall be duly registered as electors ; and every person legally qualified as such elector shall be?qualified to be elected a member of the SB'id^House.43. The Governor ' shall cause the' first writs for the election of members of the sakh House- of Representatives to 'be issued at some time not later than six calendar months next after tlie proclamation of this Act in' New Zealand ; and upon the expiration of the said period of the continuance of the House of Representatives, or upon the previous determination of such House by the dissolution of the General Assembly, the Governor shall cause writs to be issued for the election -of- members of tlie ensuing House of Representatives. 44. The General Assembly of New Zealand shall be holden at any place and Time within New Zealand. which the Governor shallfrom time to time byproclamation for that purpose'appbirttj and the time so to be appointed for the first holding bf 'such General 'AsssenJbly' shall be as soon^s conveniently 'ma f y Hie 'after the return of the first^rits for the' election of Member's of the said House of Representa/tives ; and the Governor may at his pleasure prorogue or dissolve the Gerieral Assembly. 45. The said House of .Representatives shall, until provision be made in that behalf by law, be, Judges, without appeal, of the validity of the election of each member thereof. 46. No member of the said Legislative Coun-! cil or House of Representatives shall be permitted to sit or vote therein until he shall have taken and subscribed the following oath before the Governor,- or before some person or persons authorized by him to administer such oath : *' I A.B. do sincerely promise and swear,'that I will be faithful aird "bear true allegiance to her Majesty Queen Victoria. " " •* ' "So help ire God." 47. Every person authorized lay law to, make his solemn affirmation or declaration instead of < taking an oath may make such affirmation er declaration in lieu of the slid oatb. 48.. The said House of Representatives shall immediately on their first meeting proceed to the choice of one of their members as their speaker' during the' continuance of the said house, which choice, being confirmed by the Governor,, shall be valid and effectual, and in case of vacancy of the office by death, resignation, or otherwise, then tod so often as the same shall happen the choice shall be repeated and confirmed as aforesaid. 49. It shall be lawful for any member bf the said House of ►Represeritalives; by writing under his hand addressed to f tKe speaker bf the f said house, to resign his seat w the said house, and upon such resignation the seat of such memler shall become vacant. 50. If any member of the said House of Representatives shall for one whole session of , the general assembly, "without the permission of s l uch house, fail to give his attendance in the said house, 1 or shall fake any' oath or make any declaration or acknowledgment of allegiance, obe'die'nee, or adherence to "any foreign .prince or power, or do or concur in or. adopt any act whereby he may become a subject or citizen of any foreign state or, power, or become entitled to the rights* privileges, or immunities of a subject of any foreign, state or power, or shall^ become bankrupt, or shall become an insolvent debtor within- the meaning of the laws - relating to insolvent debtors, of shall become a public defaulter, or be attainted o£ treason, or be convicted of felony or any in,famous crime; "his, seat^n such house shall thereby become vacant. ' _. r 4 51. When and so often as a vacancy shall occur ;as 'aforesaid* in", any seal. M th.e"sajd Houie of Representatives? it shall and, may be lawful for ■such house to address the Governor, stating the existence tff such vacancy and the. cause thereof, and the Governor, upon receiving inch address, shall cause a writ to be issued .for supplying such vacancy. 52. The^ald ' Legislative Council "afro 1 Hoilse of Representatives at- (tie first s'.lting 1 of each' respective 1 ry* and 'from time to time' afterwards as t'hfere shall be occasion, shall prepare 1 any adopt Such standing rules and orders as sK-all' 'Appear tor ,the said Council' dnd-HouSS of Representatives 'respectively best adapted for the ordeifly conduct bf the business of such Council and : House re- 1 spectiveTy, and for the maniier in Which 1 su'c^ Go'unfcil antJ Hioifie respectively shall be t pr'esiifed dyer in cas"e ; df Ihe" absence of the Speake 1 ?,- svti for tbe md^e in which sticfi CotiHcrl ; and 1 HduSft shaiV -6 r onfeP, ' '6'drVesrJbii^ in«J ; ' bMMissti ■wiili ea'ch 1 oth > cr i r l ela'tiv;e r to oV Bills passed By or pe'ndiitgin such Council arid'HbdsefreSp'ective'ly; and fdr v the rdanner in irblch notices of bills, resblution'K, iiid other buiineis. intended' to be submitted to^iuch council and ibuse' ye^ptctiv'ely. at any Session thereof may be puUlishedfin the Go\}eHitH^rit Gazette 0/ oth'tfrwisrfoV ge : neralinfor: matio'o for SO*n|£JjfeVehif nt Space 1 or time bef6re

'the meeting of such council and house respectively, 'and for the proper framing, entitling, and'iiu'lnbering of the bills to* be' introduced into md pass--' ! ed ; by ' (he ' said ' council , and blouse of 3tep're--sentatives; all of which rules and orders shall by such council and h'duse respectively be* laiiibefore 'the Governor, arid betngby'bim approved shall become binding' arid'offorce; Bat' subje'ct nevertheless 'torthe corififmaiioif or disallowance of her Majfesty 'in-manWr hereinafter provided respecting the acts fto be made* by the Governor, with tlje advjceaiid I consent of the sraU * legislative." Coup"cil'"'and |! House of Representatives ; provided that no such ! rule or oriler shall be of force to subject'' any rper-'r per-' abn, not being a member or officer, of the Council i'or house~to which it relates, id aSy^aini penally, 'or forfeiture. ' ' ' 53. It • shall be competent to the said. 'General Assembly (except and "subject as befe'inafter mentioned) to make laws for the peace,, 'order and good government of frew'Zealand.-pr'oX 'viiled that no such laws be repugnant' to "the law 'of England ; and the laws so to be* made'by the' 'said General Assembly shall control and super-, sede any laws or ordinances in anywise repugnant thereto winch may have been made or ordained 'priorihereto^ by^any Provincial Council in pursuance of the authority hereby, conferred upon it, l and~on~any" subject whereon under such authority j}s 'afoTesaid-'it'is entitled to legislate, shal£ so far asthesamtis repugnant to" or inconsisfe'nVwith 'any' act passed by t'be Geue'ral"-AssemWy,'be^rfnll |aod void 54. It sliall not Be "lawful" for -the Houseyof 'Representatives or the Legislative' Council to pass, or for the Governor to assent to any bill appro-> priating to the public service - any sum of money from or out of her Majesty's revenue within\N,ew Zealand, unless the' Governor on, her; Majesty's behalf' shall first have recommended to the House of Representatives to make provision for the specific public service towards which tuch money is to be 'appropriated, and (save 'as herein otherwise provided) no part of her Majesty's revenue within New Zealand shall 'be issued except in pursuance of warrants ' Under the hand of the Governor directed to the public Treasurer thereof. 55. It shall and may be lawful for the Governoi to transmit by message to either the' said Legislative' Council or the said 1 House of Representatives for their consideration the drafts of any laws which it may appe~arto 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. 56. Whenever any bill which has been passed by the' said Legislative Council and House of Representatives shall be presented for' hfer Majesty's assent to the'Govemor, he shall declare acbfrling to his discretion, but subject nevertheless to the provisions contained in this act and to such instructions as may from time to time be given in tharbebalf by her Majesty, herbeiis or successor?, that be assents to 'such bill in her Mrjesty's name, or that he refuses his assent to such bill, or that he reserves srich bill for the signification of her Majesty's pleasure thereon ; provided always, that it shall and maybe lawful for the Governor, before declaiirig 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 and house respectively shall take place in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf -provided.

57- It shall be lawful for her ' Majesty, with the advice of her privy council, or under her Majesty's stgne' and sign manual, or through one of her principal Secretaries of State, from time to time to convey to the Governor of New Zealand such instructions as to her Majesty shall seem meet, for the guidance of such Governor, for ibe exercise of the powers thereby vested'in him of assenting to or dissenting from or for reserving for ihe signification of her Majesty's pleasure bills to tie passed by the said Legislative Council and house of representatives ; and it shall be the duty of such Governor to act ia obedience to such instructions. 58. Whenever any bill which shall have been presented for her Majesty's assent to the Governor shall by such Governor have been assented to in her Majesty's name, he shall by the first convenient opportunity transmit to one of her Majesty's principal Secretaries of State an authentic copy of such bill so assented to ; and it shall be lawful, at any time within two years after such bill shall have been received by the.Secretary of, State, for her Majesty, by order in council, to « declare 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 aforetjaid, being signified by the Governor to the said Legislative Council and bouse of ( representatives by speech or message, or by proclamation in the Government Gazette, shall make void and annul the same from and after the day of such signifi.caiion. . -. - *,*'-• V"~«.59. No bill which shall be reserved for the signification of her Majesty's! pleasure therodn shall* have any force or authority within New Zealand until the Govefnor shall signify^ either by speech or ' message to the skid Legislative Council and House of Representatives, or by . proclamation, that such bill has been Ibid before • heir Majesty in council, and thai her Majesty has < been pleased to assent to the same ; and an entry shall be made in the journals of the said Legislative Council and House of Representatives of. every such speech, message* or proclamation, md a duplicate thereof, duly attested, shall be delivered to ihe Registrar of the Supreme Court, or other proper officer,* to be kept among the records . of New Zealand ; arid no bill which shall be so reserved as aforesaid shall have any force: or - ? authority within New Zealand, unless her M«jestyVassent thereto shall hay* been so signified as : aforesaid within the space.of'two years from the day on which such bill shall have been presented. . .for her Maj«ty't assent to the Governor as afore- j jsaid'.- ._>.'* - . -•- - - 1 ' • 'M&'&nitß&ett.J .■ ' ■ :