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An Act to provide, until the First Day of July One thousand eight hundred and twenty seven, and until the End of the next Session of Parliament, for time better Administration of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof; and for other purposes relating thereto. 4 Geo. IV. c. 96.
XXIV. And Whereas it may be necessary to make Laws and Ordinances for the Welfare and good Government of the said Colony of New South Wales, and the Dependencies thereof, the Occasions of which cannot be foreseen, nor without much Delay and Inconvenience be provided for, without entrusting that Authority for a certain Time, and under proper Restrictions, to Persons resident there: And Whereas it is not at present expedient to call a Legislative Assembly in the said colony; Be it therefore enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, by Warrant under His or Their Sign Manual, to constitute and appoint a Council, to consist of such Persons resident in the said Colony, not exceeding Seven nor less than Five, as His Majesty, His Heirs and Successors, shall be pleased to appoint; and upon the Death, Removal or Absence of any of the Members of the said Council, in like Manner to constitute and appoint such and so many other Person or Persons as shall be necessary to supply the Vacancy or Vacancies; and the Governor or Acting Governor for the Time being of the said Colony, with the Advice of the Council to be appointed as aforesaid, or the major Part of them, shall have Power and Authority to make Laws and Ordinances for the Peace, Welfare and good Government of the said Colony, such Laws and Ordinances not being repugnant to this Act, or to any Charter or Letters Patent or Order in Council which may be issued in pursuance hereof, thereof, or to the Laws of England, but consistent with such Laws, so far as the Circumstances of the said Colony will admit: Provided always, always, that no Law or Ordinance shall be passed or made, unless the same shall first by the said Governor or Acting Governor be laid before the said Council, at a Meeting to be for that Purpose convened by a written Summons under the Hand of such Governor or Acting Governor, to be delivered to or left at the usual Place of Abode of the Members of such Council respectively; provided also, that in case all or the major Part of the Members of the said Council shall dissent from any Law or Ordinance proposed by such Governor or Acting Governor at any such Meeting as aforesaid, the Members of the said Council so dissenting shall enter upon the Minutes of such Council the Grounds and Reasons of such their Dissent, and in every such Case such proposed Law or Ordinance shall not pass into a Law; provided nevertheless, that if it shall appear to the Governor or Acting Governor for the Time being of the said Colony, that that such proposed Law or Ordinance is essential to the Peace and Safety thereof, and cannot without extreme Injury to the Welfare and good Government of the said Colony be rejected, then and in every such Case, if any one or more Member or Members of the said Council shall assent to such proposed Law, the said Governor shall enter upon the Minutes of the Council the Grounds and Reasons of such his Opinion; and in every such Case, and until the Pleasure of His Majesty, His Heirs and Successors, shall be made known in the said Colony respecting the same, such Law or Ordinance shall be of full Force and Effect in the said Colony, and the Dependencies thereof, any such Dissent as aforesaid of the Majority of the Members of the said Council notwithstanding. [319]
XXV. Provided also, and he it further enacted, That in case any Rebellion or Insurrection shall have actually broken out in the said Colony, or if in the Judgment of the Governor or Acting Governor thereof for the Time being, there shall be good and sufficient Cause to apprehend that any such Rebellion or Insurrection is about forthwith to break out therein, then and in every such Case it shall and may be lawful for such Governor or Acting Governor to promulgate and enforce within the said Colony and its Dependencies any Law or Ordinance which may be necessary for suppressing or preventing any such Rebellion or Insurrection as aforesaid, although every Member of the said Council should dissent from any such Law or Ordinance.
XXVI. Provided also, and be it further enacted, That it shall and may be lawful for His Majesty, His Heirs and Successors, by any Order to be by Him or Them issued by and with the Advice of His or Their Privy Council, to make and establish any Law or Ordinance which may have been previously laid before and dissented from by the whole or the major Part of the said Council, in case such Law or Ordinance shall appear to His Majesty, His Heirs and Successors, to be necessary for the better Government of the said Colony and its Dependencies. [320]
XXVII. Provided also, and be it further enacted, That the said Governor and Council shall not impose any Tax or Duty upon any Ship or Vessel trading with the said Colony or the Dependencies thereof, or upon any Goods, Wares and Merchandize imported into or exported from the same, nor any other Tax or Duty, except only such Taxes or Duties as it may be necessary to levy for local Purposes; and the Purposes for which every such Tax or Duty may be so imposed, and to or towards which the Amount thereof is to be appropriated and applied, shall be distinctly and particularly stated in the Body of every Law or Ordinance imposing every such Tax or Duty.
XXIX. And be it further enacted, That no Law or Ordinance shall by the said Governor or Acting Governor be laid before the said Council for their Advice or Approbation, or be passed into a Law, unless a Copy thereof shall have been first laid before the Chief Justice of the Supreme Court of New South Wales, and unless such Chief Justice shall have transmitted to the said Governor or Acting Governor a Certificate under the Hand of such Chief Justice, that such proposed Law is not repugnant to the Laws of England, but is consistent with such Laws, so far as the Circumstances of the said Colony will admit.
XXX. And be it further enacted, That every Law or Ordinance so to be made as aforesaid shall, within Six Months from the Date thereof, be transmitted by the Governor or Acting Governor for the Time being of the said Colony to One of His Majesty's Principal Secretaries of State for the Time being; and that it shall and may be lawful for His Majesty, His Heirs and Successors, from time to time as He or They shall think necessary, to signify, through One of His or Their Principal Secretaries of State, His or Their Approbation or Disallowance of all such Laws and Ordinances; and that from and immediately after the Time when such Disallowance shall be published in the said Colony, by a Proclamation to be for that Purpose issued by the said Governor or Acting Governor, all such Laws and Ordinances shall be null and void; but in case His Majesty, His Heirs and Successors, shall not, within the Space of Three Years from the making of such Laws and Ordinances, signify His or Their Disapprobation or Disallowance thereof as aforesaid, then and in that Case all such Laws and Ordinances shall be valid and effectual, and have full Force.
XXXI. Provided also, and be it further enacted, That all Laws and Ordinances to be made in the said Colony, and all Orders to be made by His Majesty, His Heirs, and Successors, with the Advice of His and their Privy Council, in pursuance of this Act, shall be laid before both Houses of Parliament within Six Weeks at latest next after the Commencement of each Session.
XXXIII. And be it further enacted, That in case of the Death, Absence or permanent Incapacity of any Member or Members of the said Legislative Council, the Governor or Acting Governor for the Time being of the said Colony shall and may appoint some fit and proper Person to act in the Place and Stead of such Person or Persons, until the Vacancy or Vacancies so created shall be filled up by an Appointment to be made by His Majesty, His Heirs and Successors, in Manner aforesaid.
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