fixed by the Superannuation Act of the Parliament of Great Britain and Ireland, passed in the session of the fourth and fifth years of the reign of his late Majesty King William the Fourth, and that a list of all pensions granted under this Act, and of the persons to whom the same shall have been granted, shall be laid, in every year, before both houses of the said Parliament. LXI. Subject to the provisions herein contained it shall be lawful for the Legislature of this colony to make laws for regulating the sale, letting, disposal, and occupation of the waste lands of the Crown within the said colony. pay LXII. After and subject to the ments to be made under the provisions herein before contained, all the Consolidated Revenue Fund, arising from taxes, duties, rates, and imposts, levied by virtue of any Act of the Legislature of the colony, and from the disposal of the waste lands of the Crown, under any such Act, made in pursuance of the authority herein contained, shall be subject to be appropriated to such specific purposes as by any Act of the same Legislature shall be prescribed in that behalf: Provided that the consolidation of the revenues of this colony shall not affect the payment of the annual interest, or the principal sums mentioned in any outstanding debentures or other charge upon the territorial revenue, as such interest, principal, or other charge severally becomes due, nor shall such consolidation affect the payment of any sum or sums heretofore charged upon the taxes, duties, rates, and imposts, now raised, levied, and collected, or to be raised, levied, and collected, to and for the use of this colony, for such time as shall have been appointed by any acts of the Legislature by which any such charge was authorized. LXIII. It shall not be lawful for the Legislative Assembly to originate or pass any vote, resolution, or bill, for the appropriation of any part of the said Consolidated Revenue Fund, or of any other tax or impost to any purpose which shall not have been first recommended by a message of the Governor to the said Legislative Assembly, during the session in which such vote, resolution, or bill, shall be passed. LXIV. No part of her Majesty's Revenue in the said colony, arising from any of the sources aforsaid, shall be issued, or shall be made issuable, except in pursuance of warrants under the hand of the Governor of the colony directed to the public Treasurer thereof. LXV. This Act shall be proclaimed in New South Wales by the Governor thereof within one calendar month after a copy of such Act shall have been received by such Governor, and shall take effect within the said colony from the date of the proclamation thereof. LXVI. The proclamation of this Act and all proclamations to be made under the provisions thereof shall be published in the New South Wales Government Gazette. LXVII. In the construction of this Act, the term "Governor" shall mean the person for the time being lawfully administering the Government of the colony of New South Wales. LXVIII. The foregoing provisions of this Act shall have no force or effect until so much and such parts of the Act of the parliament of the United Kingdom of Great Britain and Ireland, passed in the thirteenth and fourteenth years of her Majesty's reign, intituled, “An Act for the better Government of the Australian Colonies," and the first, second, and third parts of the Schedule A therein referred to, and of another Act passed in the fifth and sixth years of her Majesty's reign, intituled, "An Act for the Government of New South Wales and Van Diemen's Land," and of another Act passed in the said fifth and sixth years of her Majesty's reign, intituled, An Act for regulating the sale of Waste Lands belonging to the Crown in the Australian Colonies," and of another Act passed in the eighth year of her Majesty's reign, intituled, "An Act to clear up doubts as to the regulation and audit of the Customs of New South Wales," and of another Act passed in the same year, intituled, "An Act to explain and amend the Act for the Government of New South Wales and Van Diemen's Land," and of another Act, passed in the ninth year of the reign of his late Majesty King George the Fourth, intituled, "An Act to provide for the Administration of Justice in New South Wales and Van Diemen's Land, and for the more efficient Government thereof, and for other purposes relating thereto," and of another Act passed in the ninth and tenth years of her Majesty's reign, intituled, “An Act to amend an Act for Regulating the sale of Waste Land belonging to the Crown in the Australian Colonies, and to make further provisions for the management thereof" as severally relate to the colony of New South Wales and as are repugnant to this Act, shall have been repealed; and the entire management and control of the waste lands belonging to the Crown in the said colony of New South Wales, and also the appropriation of the gross proceeds of the sales of any such lands, and of all other proceeds and revenues of the same, from whatever source arising in the said colony, including all Royalties, mines, and minerals, shall be vested in the legislature of the said colony: Provided that nothing herein contained shall affect or be construed to affect any contract, or to prevent the fulfilment of any promise or engagement made by or on behalf of her Majesty, with respect to any lands situate within the said colony in cases where such contracts, promises, or engagements have been lawfully made, before the time at which this Act shall take effect within this colony, nor to disturb or in any way interfere with or prejudice any vested or other rights which have accrued or belong to the licensed occupants or lessees of any Crown lands within or without the Settled Districts, under and by virtue of the aforesaid Act of the Parliament, passed in the ninth and tenth year of her Majesty's reign, intituled, "An Act to amend an Act for regulating the sale of Waste Land belonging to the Crown in the Australian Colonies, and to make further provision for the management thereof," or any vested or other interest or right which has accrued or arisen by virtue of any order or orders of her Majesty in Council, issued in pursuance thereof: Provided also that if the legislature of the colony should at any time hereafter deem it expedient that any such vested or other right or interest should be abridged or abrogated, any law authorizing or enacting any such abridgment or abrogation, shall be wholly void and inoperative unless it contain an effectual provision awarding full compensation to all parties injuriously affected by such law: Provided that all parties who may be dissatisfied with any such award may appeal to the Supreme Court, which shall direct an issue to be tried before any one of the judges thereof, and a special jury of the said colony, in order to fix the amount of damages to which such dissatisfied parties may be respectively entitled. SCHEDULE A.-PART I. SCHEDULE A.-PART II. Colonial Secretary Pensions to Officers of Govern Amount payable while the present Incumbent is in office. Amount to be allowed Incmbts. £ £ 2,000 2,000 400 400 ment, not liable to removal. 2,500 2,500 Pensions to existing Officers of the Government, liable to removal. (Upon the demise of these latter Officers, their respective Pensions to revert to the Consolidated Revenue Fund) 5,900 SCHEDULE A.-PART III. Public Worship RECAPITULATION. tuled, "An Act to confer a Constitution on New South Wales, and to grant a Civil List to her Majesty," of which a copy is contained in the schedule to this present Act annexed: And whereas the said Bill was presented for her Majesty's assent to the then Governor of the said colony of New South Wales, and the said Governor did thereupon declare that he reserved the said Bill for the signification of her Majesty's pleasure thereon: And whereas it is by the final provision of the said reserved Bill provided, that the foregoing provisions thereof shall have no force or effect until so much and such parts of the said recited Act of Parliament, and of another Act passed in the fifth and sixth years of her Majesty's reign, inti12,950 7,050 tuled, "An Act for the Government of New South Wales and Van Diemen's Land," and of another Act, passed in the said fifth and sixth years of her 28,000 28,000 Majesty's reign, intituled, "An Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies," and of another Act passed in the eighth year of her Majesty's reign, intituled, "An Act to clear up doubts as to the regulation and audit of the Customs of New South Wales," and of another Act, passed in the same year, intituled, "An Act to explain and amend the Act for the Government of New South another Act, passed in the ninth year Wales and Van Diemen's Land," and of of the reign of his late Majesty King George the Fourth, intituled, “An Act to provide for the Administration of Justice in New South Wales and Van Diemen's Land, and for the more efficient Government thereof, and for other purposes relating thereto," and of another Act passed in the ninth and tenth years of her Majesty's reign, intituled, "An Act to amend an Act for regulating the Sale of Waste Lands belonging to the Crown in the Australian Colonies, and to make further provision for the management thereof," as severally relate to the colony of New South Wales, and as are repugnant to the said reserved Bill shall have been repealed: And whereas it is not competent to her Majesty to assent. 22,350 20,550 28,000 28,000 63,300 55,600 17 VICTORIA, 1853. An Act to authorise her Majesty to Assent to a Bill of the Legislative Council of New South Wales, and to repeal so much and such parts of divers Acts of Parliament therein enumerated as relate to the Colony of New South Wales, and as are repugnant to the said Bill. WHEREAS the Legislative Council of the colony of New South Wales, constituted and assembled by virtue of and under the authority of the Act of Parliament passed in the Session holden in the tenth and eleventh years of her Majesty's reign, intituled, "An Act for the better Government of the Australian Colonies," did in the year one thousand eight hundred and fifty-three, pass a Bill, inti to the said reserved Bill without the authority of Parliament for that purpose, inasmuch as the said Bill is in certain respects repugnant to the said several recited Acts of Parliament: And whereas it is expedient that her Majesty should be authorised to assent to the said reserved Bill, and that so much and such parts as aforesaid of the said recited Acts should thereupon be repealed: Be it therefore enacted by the Queen's most excellent Majesty, by and with the consent and advice of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:I. It shall be lawful for her Majesty, with the advice of her Majesty's Privy Council, to assent to the said reserved Bill, anything in the said recited Acts of Parliament, or any law, statute, or usage to the contrary in anywise notwithstanding. II. If her Majesty, with the advice of her Privy Council, shall assent as aforesaid to the said reserved Bill, so much and such parts of the said recited Acts as in any way relate to the colony of New South Wales, and as are repugnant to the said reserved Bill, or as in any way relate to the control and management of the waste lands of the Crown, or to the appropriation of any revenues of the Crown thence or otherwise arising within the said colony, and also the first, second, and third parts of the schedule A to the said first recited Act mentioned or referred to in the final provision of the said reserved Bill, shall be repealed upon and from the day on which the said reserved Bill (being first so assented to by her Majesty in Council) shall take effect in the said colony. III. This Act may be amended or suspended by any Act to be passed in this Session of Parliament. DEBATE IN THE LEGISLATIVE COUNCIL ON THE SECOND READING OF THE CONSTITUTION BILL, August 16th, 1853. NOTE.-See Appendices A and B for the full name and title and Electoral District of each member of the Legislative Council in 1853. That in the opinion of your petitioners the proposed Constitution Bill now before your Honorable Council is radically defective and opposed to the wishes and interests of the inhabitants of this colony, who believe that a Representative Legislature, consisting of two Elective Chambers, will alone possess that stability, energy, and usefulness which are maintained by public confidence, and without which no government can permanently exist. That your petitioners earnestly remonstrate against any attempt, in the hasty manner now proposed in the Legislative Council, to impose a Constitution on the colony which is framed in direct opposition to the wishes of the people. That the proposed alteration of the Electoral Act is calculated to increase that inequality in their representation of which the colonists have so justly complained, which inequality, instead of being increased, ought now to be rectified, and the representative system established on a just and satisfactory basis. That your Honorable Council having been elected without reference to the proposed change of Constitution, the colonists are entitled to demand the interposition of such delay between the first and second readings of the proposed Bill as will enable them to express their views fully on this momentous question. Your petitioners therefore pray that your Honorable Council will be pleased to postpone the further consideration of the measure in question for at least one month, in order to give the colonists at large the opportunity of expressing their sentiments on the subject. And your petitioners, as in duty bound, will ever pray. The petition was received. THE SECOND READING. On the order of the day being called for the second reading of the Constitution Bill, Mr. WENTWORTH rose,—Mr. Speaker, I am not sorry after all the obloquy which has been attached to my name in connexion with this measure, the second reading of which it is now my duty to move, to have an opportunity of explaining to this House and the country at large the principles which actuated me in the course I have taken in the Select Committee appointed to prepare it. that I should, before entering into any It may, however, be well discussion of the measure itself, in the first place show the utter fallacy of one of the main propositions, of that which was in fact the substantial basis of the petition which had been agreed to at a public meeting yesterday, and which has been presented to the House this night by the hon. and learned member for Cumberland. That proposition is, that the House consists of members who have been elected without reference to the |