49

A.—3a

the peace, order, and good government of the province, subject nevertheless to the exceptions, limitations, and restrictions hereinafter contained. 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. 23. In the making of such laws and Ordinances the said Council shall conform to and observe all such instructions as Her Majesty shall from time to time make for their guidance therein. 24. No such law or Ordinance shall be repugnant to the law of England or to any Ordinance to be made and enacted by the Governor-in-Chief, with the advice and consent of the Legislative Council of New Zealand, or by any General Assembly thereof. 25. All duties, taxes, rates, tolls, and assessments imposed and made payable by virtue of any Ordinance now in force, or which may hereafter be imposed or made payable by virtue of any Ordinance to be made by the Governor-in-Chief, with the advice and consent of the Legislative Council of New Zealand, or by any General Assembly of the colony, shall be appropriated to such specific purposes as by any such Ordinance shall be prescribed in that behalf, and to no other, save as hereinafter excepted. 26. The first application of any such duties, taxes, rates, tolls, and assessments shall be towards defraying all the expenses of the collecting, receiving, managing, and auditing the same. 27. Subject to such deduction as aforesaid, and to any charge which by any law or Ordinance now in force may have been made on the general revenue of New Zealand, or of the provinces into which the colony may be divided, the proceeds of all such duties, taxes, rates, tolls, and assessments shall be paid over to the respective Treasuries of the said provinces for the public uses thereof, and be subject to the appropriation of the respective Legislative Councils of the said province respectively. 28. In the apportionment of any such ultimate surplus between the said provinces the part of the surplus to be assigned to each shall bear 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, rate, or assessment. 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 : (1.) Eor the regulations 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. (2.) 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 aforesaid. (3.) Eor determining the extent of the jurisdiction, or the course or manner of proceeding of such General Supreme Court, or of the said Superior Courts. (4.) Eor regulating the current coin of the said Islands, or any part thereof, or the issue therein of any bills, notes, or other paper currency. (5.) Eor determining the weights and measures to be used in the said Islands, or in any part thereof (6.) Eor regulating the post offices within, and the carriage of letters within the said Islands. (7.) Eor establishing laws relating to bankruptcy and insolvency. (8.) For the erection and maintenance of beacons and lighthouses on the coasts of the said Islands. (9.) For the imposition of any duty or other charges on shipping, at any port or harbour within the same. (10.) For regulating marriages within the same or any part thereof. (11.) For affecting Crown land or lands belonging to the aboriginal native owners, or for inflicting any disabilities or restrictions on persons of the Sative race to which persons of European birth or descent would not also be subjected. (12.) For inflicting the punishment of death or transportation for any crime or offence. (13.) For regulating the course of inheritance of real or personal property, or for affecting the law relating to wills. 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 void to all intents and purposes. 111. Proceedings, Sfo., of the Council. 31. Every such Legislative Council shall immediately 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 and confirmed as hereinbefore provided. 32. The Speaker, so to be elected as aforesaid, shall preside at all meetings of the said Council. 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. 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 in all cases wherein the votes shall be equal the Speaker shall have a casting vote. 35. The said Council, at their first meeting, and from time to time afterwards as occasion may require, shall prepare and adopt 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 Governor of the province, and, being by him approved, shall become binding and in force. 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 corrected, as may be necessary. 37. All laws to be enacted by the said Council shall be styled Ordinances, enacted by the Governor (or the Lieutenant-Governor, as the case may be) of the Province of , with the advice and consent of the Legislative Council thereof. 38. Every such Ordinance shall take effect from a time to be therein for that purpose appointed. 39. All Ordinances made for levying moneys and for imposing fines, penalties, or forfeitures shall grant or reserve the same to Her Majesty, her heirs and successors, for the public uses of the province and the support of the Government thereof in such manner as by such Ordinances may be directed. And no such money shall by any such Ordinance be made issuable save only by warrants to be granted in pursuance thereof by the Governor of the province. 7—A. 3a.