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cluded by her Majesty with any foreign her present Majesty, intituled, "An Act power.

for the better Government of Her Majesty's Australian Colonies," are desirous that her Majesty should owe to the spontaneous liberality of her people in this colony such grant by way of civil list, in lieu of the provision contained in the schedule to that act, as shall be sufficient to give stability and security to the civil institutions of the colony, and to provide for the adequate remu

L. Subject to the provisions of this Act, and notwithstanding any Act or Acts of the Imperial Parliament now in force to the contrary, it shall be lawful for the Legislature of the colony of New South Wales to impose and levy such duties of customs as to them may seem fit, on the importation into the colony of any goods, wares, and merchandise whatsoever, whether the produce of or ex-neration of able and efficient officers in ported from the United Kingdom or any of the colonies or dependencies of the United Kingdom, or any foreign country: Provided always, that no new duty shall be so imposed upon the importation into the said colony of any article the produce or manufacture of, or imported from, any particular country or place which shall not be equally imposed on the importation into the said colony of the like article the produce or manufacture of, or exported from, all other countries and places whatsoever.

LI. For the purpose of this Act the boundaries of the colony of New South Wales shall not be curtailed on the north within the twenty-sixth degree of south latitude, and they shall be on the south and the south-west a straight line drawn from Cape Howe to the nearest source of the River Murray, and thence by the course of that river to the eastern boundary of the colony of South Australia; on the east the one hundred and sixty-second degree of east longitude; and on the west the one hundred and forty-first degree of east longitude, reckoning from the meridian of Greenwich.

LII. No alteration shall take place in the boundaries of the respective colonies of New South Wales, Victoria, or South Australia, unless the assent of the colony losing any portion of its territory by such alienation shall be expressed in some Legislative provision of such colony.

LIII, And whereas the Legislative Council of New South Wales, constituted under the Imperial Act passed in the Session holden in the thirteenth and fourteenth years of the reign of

the executive, judicial, and other departments of her Majesty's colonial service; the granting of which civil list belongs constitutionally only to her Majesty's faithful people, through their representatives in the said Legislative Council; and her Majesty's most dutiful and loyal subjects, the members of the said Legislative Council, in Council assembled, being desirous that a certain competent revenue for the purpose may be settled upon her Majesty (to whom may God grant a long and happy reign) as a testimony of their unfeigned affection to her Majesty's person and government, have accordingly freely resolved, in lieu of the atoresaid statutable provision for the like purpose, to grant to her Majesty a certain revenue payable out of the consolidated revenue fund of this colony: be it therefore enacted as follows:

LIV. All taxes, imposts, rates, and duties, and all territorial, casual, and other revenues of the crown (including royalties) from whatever source arising within this colony, and over which the present or future legislature has or may have power of appropriation, shall form one consolidated revenue fund, to be appropriated for the public service of this colony, in the manner and subject to the charges hereinafter mentioned.

LV.. The consolidated revenue fuud of this colony shall be permanently charged with all the costs, charges, and expenses incident to the collection, management, and receipt thereof, such costs, charges, and expenses being subject nevertheless to be reviewed and audited in such manner as shall be directed by any act of the legislature.

LVI. There shall be payable in every year to her Majesty, her heirs and successors, out of the Consolidated Revenue Fund of this colony, the several sums not exceeding in the whole, the sum of sixtythree thousand and three hundred pounds, for defraying the expenses of the several services and purposes named in the first, second, and third parts of schedule A, to this Act annexed; the said several sums to be issued by the Colonial Treasurer in discharge of such warrant or warrants as shall be from time to time directed under the hand of the Governor; and the said Treasurer shall account to her Majesty for the same through the Lords Commissioners of her Majesty's Treasury, in such manner and form as her Majesty shall be graciously pleased to direct.

LVII. It shall be lawful for the Governor to abolish any of the offices named in the second part of the schedule, or to vary the sums thereby appropriated to such purposes connected with the administration of the government of this colony, as to her Majesty, her heirs, and successors, shall seem fit; and accounts in detail of the expenditure of the several sums expended under the authority of this Act, shall be laid before both Houses of the Parliament of New South Wales within thirty days from the beginning of the session next after such expenditure shall be made.

LVIII. The said several sums mentioned in the first, second, and third parts of the said schedule A, shall be accepted and taken by her Majesty, her heirs, and successors, by way of civil list, instead of all territorial, casual, and other revenues of the crown (including all royalties) from whatever source arising within the said colony, and to the disposal of which the crown may be entitled either absolutely or conditionally,

or otherwise howsoever.

LIX. Not more than four thousand five hundred and fifty pounds shall be payable at the same time for pensions to the judges of the Supreme Court, out of the sum set apart for pensions in the first part of the said Schedule A; and not more than five thousand nine hundred pounds shall be payable in the

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whole by way of pension or retiring allowance for the present incumbents of any office or department mentioned in the first and second parts of the said Schedule A, who, on political grounds, may be removed from any such office or department: Provided always, that pensions shall be demandable by such judges, to the amount of seven-tenths of their actual salaries, on permanent disability or infirmity or after fifteen years service in this colony: Provided also, that the officers so liable to removal shall be the Attorney and Solicitor General, the Colonial Secretary, Colonial Treasurer, and Auditor General, and upon the removal from office of any of the present officers, they shall be entitled by way of pension or retiring allowance to the full amount of the salaries respectively received by them at the time of the passing of this Act: Provided also, that if after the assignment of any such pension or retiring allowance, any of such judges or officers shall accept any new appointment under the Crown, then and in every such case the pension or retiring allowance of any such judge or officer shall merge or be reduced, pro tanto, according as the salary or emoluments of any such new appointment are of greater or less amount than the pension or retiring allowance of such judge or officer.

LX. Not more than two thousand five hundred pounds shall be payable at the same time for pensions to superannuated officers out of the sums set apart for such pensions in the second part of the said Schedule : Provided always,

that the amount of all such pensions for such superannuated officers shall be according to the several scales and rates 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 Le

gislature 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.

LXII. After and subject to the payments to be made under the provisions hereinbefore 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, 1 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 afersaid, 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.

or

LXVIII. The foregoing provisions of this Act shall have no force 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 Aet 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

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satisfied 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.

To be placed at the disposal of Her
Majesty, for the Salary of the
Governor General, if Her Ma-
jesty see fit; otherwise to revert
to the Consolidated Revenue
Fund

One Chief Justice
Three Judges, including one for
Moreton Bay

Master in Equity and Curator of In

testate Estates and Chief Com-
missioner of Insolvent Estates..

"Land belonging to the Crown in the Au-
stralian 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 Royal-
ties, 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
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 dis-
turb or in any way interfere with or pre-
judice 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 be-
"longing 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 ex-
pedient that any such vested or other
right or interest should be abridged or
abrogated, any law authorizing or en-
acting any such abridgement or abroga-
tion, shall be wholly void and inoperative
unless it contain an effectual provision SCHEDULE A.—PART I.
awarding full compensation to all parties
injuriously affected by such law: Pro-
vided that all parties who may be dis-

Attorney General......
Solicitor General.

Pensions for Judges, on their ceas-
ing to hold office...
Chairman of Quarter Sessions and
Commissioner of Crt. of Requests

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SCHEDULE A.-PART II

Colonial Secretary

Governor's Private Secretary
Colonial Treasarer

Auditor General

Pensions to Officers of Government,
not liable to removal
Pensions to existing Officers of
the Government, liable to re-
moval. (Upon the demise of
these latter Officers, their re-
spective Pensions to revert to
the Consolidated Revenue Fund)

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SCHEDULE A.-PART III.

Public Worship

RECAPITULATION.

28,000 28,000

22,350 20,550

PART II.

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12,950 7,050

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17 VICTORIA, 1858.

An Act to authorize 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, intituled, "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, 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 Aus

tralian 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 of Wales and Van Diemen's Land," and of the reign of his late Majesty King to provide for the Administration of JusGeorge the Fourth, intituled, "An Act

tice 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 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

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