19 VICTORIA. the said Council and Assembly; and to dissolve the said Assembly by proclamation or otherwise whenever he shall deem it expedient. Provided that nothing herein contained shall empower the Governor to dissolve the Council. Sessions of Coun 29. There shall be a session of the Council and Assembly of cil and Assembly. Victoria once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the Council and Assembly in one session and the first sitting of the Council and Assembly in the next session. Time of first election. Oath of allegiance. Schedule C. Standing rules and orders. 30. The first writs for the election of members of the Council and Assembly respectively shall issue at some period not later than twelve calendar months after the proclamation of this Act within Victoria. 31. [Repealed by 21 Vict. No. 12 s. 1, “Parliament (Assembly),” post.] 32. No member either of the Council or of the Assembly shall be permitted to sit or vote therein respectively until he shall have taken and subscribed before the Governor or before some person authorised by the Governor in that behalf the oath set forth in the Schedule hereunto annexed marked C. And every person authorised by law to make an affirmation instead of making an oath may make such affirmation in every case in which an oath is herein required to be taken. 33. [Repealed by 32 Vict. No. 334 s. 2, " Parliament (Council)," post.] 34. The Legislative Council and Legislative Assembly, in the first session of each respectively and from time to time afterwards as there shall be occasion, shall prepare and adopt standing rules and orders, for providing for the manner in which such Council and Assembly shall be presided over in case of the absence of the president or speaker respectively, and for the mode in which such Council and Assembly shall communicate, and for the proper passing intituling and numbering of the Bills to be introduced into and passed by the said Council and Assembly, and for the proper presentation of the same to the Governor for Her Majesty's assent, and for the consideration of all amendments proposed to be made by the Governor as herein mentioned, and for the due publication of all proposed proceedings in such Council and Assembly, and generally, for the conduct of all business and proceedings in the said Council and Assembly severally and collectively; all which rules and orders shall by such Council and Assembly respectively be laid before the Governor, and being by him approved shall become binding and of force; and until such standing rules and orders shall be adopted, resort shall be had to the rules forms and usages of the Imperial Parliament of Great Britain and Ireland, which shall be followed so far as the same may be applicable to the proceedings of the said Council and Assembly respectively. Provided that no standing rule or order which shall affect the communication between the said Council and Assembly or the proceedings of the said Council and Assembly collectively shall be of any force unless the same shall have been adopted both by the said Council and Assembly. Privileges of 35. It shall be lawful for the Legislature of Victoria by any 19 Victoria. Act or Acts to define the privileges immunities and powers to be held enjoyed and exercised by the Council and Assembly and by the Legislature. members thereof respectively. Provided that no such privileges immunities or powers shall exceed those now held enjoyed and exercised by the Commons House of Parliament or the members thereof. 36. It shall be lawful for the Governor to transmit by message Governor's to the Council or Assembly for their consideration any amendment message. which he shall desire to be made in any Bill presented to him for Her Majesty's assent; and all such amendments shall be taken into consideration in such convenient manner as shall by the rules and orders aforesaid be in that behalf provided. 37. The appointment to public offices under the Government of Appointment to Victoria hereafter to become vacant or to be created, whether such public offices. offices be salaried or not, shall be vested in the Governor with the advice of the Executive Council; with the exception of the appointments of the officers liable to retire from office on political grounds, which appointments shall be vested in the Governor alone. 12 & 13 Will. III. 38. The commissions of the present judges of the Supreme Commissions of Court and all future judges thereof shall be continue and remain in judges. full force during their good behaviour, notwithstanding the demise of c. 2 s. 3. Her Majesty or of her heirs and successors, any law usage or practice 1 Geo. III. c. 23. to the contrary hereof in anywise notwithstanding. Provided always that it may be lawful for the Governor to remove any such judge or judges upon the address of both Houses of the Legislature. judges. 1 Geo. III. c. 23. 39. Such salaries as are settled upon the judges for the time salaries of being by Act of Parliament or otherwise, and all such salaries as shall or may be in future granted by Her Majesty her heirs and successors or otherwise to any future judges of the Supreme Court, shall in all time coming be paid and payable to every such judge for the time being so long as his patent or commission shall continue and remain in force. 40. All laws and statutes which at the time of the passing of Existing laws. this Act shall be in force within Victoria shall remain and continue to be of the same force authority and effect as if this Act had not been made, except in so far as the same are repealed or varied by this Act or in so far as the same shall or may hereafter by virtue and under the authority of this Act be repealed or varied by any Act or Acts of the Legislature of Victoria. 41. All the courts of civil and criminal jurisdiction within Existing courts Victoria, and all charters legal commissions powers and authorities, and officers. and all offices judicial administrative or ministerial therein respectively, except in so far as the same may be abolished altered or varied by or may be inconsistent with the provisions of this Act or (a) Under this section the powers and privileges of the Commons House of Parliament, whether obtained by the lex et consuetudo Parlia menti or not, and whether or not enjoyed as a deliberative assembly or as a component part of the highest court in the realm, may be duly conferred by the Legislature of Victoria on the Legislative Council and the Legislative Assembly of Victoria.-Dill v. Murphy, 1 W. & The word "define" is equivalent to the word "declare," and the power given by this Act has been properly exercised by the Parliament of Victoria in the Act 20 Vict. No. 1.- Dill v. Murphy, 1 Moo. P.C. (N.S.), 487. 19 VICTORIA. Shall be abolished altered or varied by any Act or Acts of the Legis- Certain duties Power to levy duties of Proviso. Consolidated Charges of 42. It shall not be lawful for the Legislature of Victoria to levy any duty on articles imported bona fide for the supply of Her Majesty's land or sea forces; nor to levy any duty impose any prohibition or restriction or grant any exemption bounty drawback or other privilege upon the importation or exportation of any articles, nor to impose or enforce any dues or charges upon shipping, contrary to or at variance with any treaty or treaties concluded by Her Majesty with any foreign power. 43. Subject to the provisions of this Act and notwithstanding any Act of Parliament now in force to the contrary, it shall be lawful for the Legislature to impose and levy such duties of Customs as to them may seem fit on the exportation from or importation into Victoria of any goods wares and merchandise whatsoever, whether the produce of or imported 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 Victoria 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 Victoria of the like article the produce or manufacture of or imported from all other countries and places whatsoever.(a) 44. All taxes imposts rates and duties and all territorial casual and other revenues of the Crown (including royalties) from whatever source arising within the colony of Victoria or over which the present or any future Legislature has or may have power of appropriation shall form one consolidated revenue, to be appropriated for the public service of the colony of Victoria in the manner and subject to the charges hereinafter mentioned. 45. The consolidated revenue of Victoria shall be permanently a charged with all the costs charges and expenses incident to the See 197/8 the 1945.1 collection management and receipt thereof, such costs charges and 56 3 c 98 expenses being subject nevertheless to be reviewed and audited in such manner as shall be directed by any Act of the Legislature. Civil list. Part 1 of Sche- 1. Constitution p. 377; and Part 7 of same Sche dule is repealed by 28 Vict. No. 46. There shall be payable in every year to Her Majesty her heirs and successors out of the consolidated revenue of Victoria the several sums, not exceeding in the whole one hundred and twelve thousand seven hundred and fifty pounds, for defraying the expense of the several services and purposes named in the [first] second third fourth fifth sixth [seventh] and eighth parts of the Schedule to this Act annexed marked D.; and the said sums shall be issued by the Treasury of Victoria in discharge of such warrants as shall be from time to time directed to him 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. And accounts in detail of the expenditure of the several tralian colonies and New Zealand, by 36 Vict. c. 22. (a) The restriction imposed by this proviso has been removed, so far as relates to the Aus གཙ sums expended under the authority of this Act shall be laid before 19 VICTORIA. the Legislative Houses of Victoria within thirty days from the beginning of the session next after the termination of the year in which such expenditure shall have been made. in lieu of Crown revenues. section as relates to D. repealed by 47. The said several sums mentioned in the [first] second third Civil list to be fourth fifth sixth [seventh] and eighth parts of the said Schedule D. shall be accepted and taken by Her Majesty her heirs and successors Schedule D. by way of civil list, instead of all territorial casual and other revenues so much of this of the Crown (including all royalties) from whatever source arising Part 7 of Schedule within Victoria(a) and to the disposal of which the Crown may be 28 Vict. No. 235 entitled either absolutely or conditionally or otherwise howsoever. s. 1, post, p. 378. 48. It shall be lawful for the Governor to abolish any of the Governor may offices named in the third and fourth parts of the said Schedule, or offices. to apply the sums thereby appropriated to such other purposes con- 3 and 4. nected with the administration of the government of Victoria as to Doubts removed Her Majesty her heirs and successors shall seem fit. abolish certain Schedule D Parts by 22 Vict. No. 65, post, p. 375. 49. Not more than four thousand pounds shall be payable at Pensions to the same time for pensions to the judges of the Supreme court out of judges. the sums set apart for such pensions in the fifth part of the said Schedule. Provided that all such pensions shall be granted in Schedule D accordance with regulations to be framed by the Governor and Executive Council, so that the same shall as far as may be accord with the Act of the Imperial Parliament regulating the pensions of the judges of the United Kingdom. Part 5. present incum Part 6. 50. Not more than five thousand two hundred and fifty pounds Pensions to shall be payable in the whole by way of pension or retiring allowance bents of office. to the persons holding any of the offices mentioned in the sixth part of the said Schedule D. at the time of this Act coming into operation Schedule D who on political grounds may retire or be released from any such office or whose office may be abolished after the time aforesaid; and upon the retirement or release from office of any such persons mentioned in the said sixth part or the abolition of any such office, he shall be entitled by way of pension or retiring allowance to threefourths of the salary granted to him in accordance with the Appropriation Act for the service of the year One thousand eight hundred and fifty-three if he shall have held any office for ten years and upwards, and two-thirds of such salaries if he shall have held office for a less period. Provided that if after the assignment of any such Proviso. pension or retiring allowance any such officer shall accept any new appointment under the Crown within Victoria or elsewhere, his pension or retiring allowance shall during the tenure of such appointment merge or be reduced pro tanto according as the salary or emoluments of any such new appointment are in amount equal to or less than the pension or retiring allowance of such officer. 51. [Repealed by 28 Vict. No. 235 s. 1," Constitution (Pensions)," post, p. 378.] (a) Gold under land alienated from the Crown is not the property of the owner of the land, and neither he nor any one else has a right as against the Crown to take it. An owner of private property is not entitled to an account of gold removed from under his land, VOL. I. nor to an injunction to restrain the future removal of gold, the gold being in no way his. The removal of underground earth by a trespasser is not a subject of injunction unless real damage to the plaintiff's use of the surface result from it.-Millar v. Wildish, 2 W. & W. (Eq.), 37. 2 B 19 VICTORIA. List of pensions &c. Money for purposes of religion. Schedule D Part 8. Repealed after 31st December 1875 by 34 s. 1," State Aid (Abolition)," post. Waste lands of the Crown. Power to appropriate consolidated revenue. Schedule B. Appropriation Appropriation to of message. 52. 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 Legislative Houses of the said colony. 53. For the advancement of the Christian religion in Victoria the sum of fifty thousand pounds shall be reserved on the eighth part of the said Schedule to promote the erection of buildings for public worship and the maintenance of ministers of religion; and such sum shall be apportioned to each denomination according to the relative proportion of the members of such denomination by the last census, every such appointment to be made under regulations to be framed by the Governor and Executive Council and submitted to both the Legislative Houses. Provided that no moneys exceeding in the aggregate the sum of twenty-five thousand pounds shall be issued in any one year in aid of the stipends of ministers of religion. 54. Subject to the provisions herein contained, it shall be lawful for the Legislature of Victoria to make laws for regulating the sale letting disposal and occupation of the waste lands of the Crown within the said colony and of all mines and minerals therein.(a) 55. After and subject to the payments to be made under the provisions hereinbefore contained and to any pensions now payable and received under the Act firstly hereinbefore recited and the Schedule thereunto annexed marked B., all the consolidated revenue arising from taxes duties rates and imposts levied by virtue of an Act of the Legislature 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 said Legislature shall be provided in that behalf. Provided that the consolidation of the revenues 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 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 the colony for such time as shall have been appointed by any Acts of the Legislature by which any such charge was authorised. 56. All Bills for appropriating any part of the revenue of Victoria, and for imposing any duty rate tax rent return or impost, shall originate in the Assembly, and may be rejected but not altered by the Council. 57. It shall not be lawful for the Legislative Assembly to be in pursuance originate or pass any vote resolution or Bill for the appropriation of any part of the said consolidated revenue fund, or of any other duty rate tax rent return or impost, for any purpose which shall not have (a) The Crown grants in this country never passed the gold, which has always remained in the Crown. The "Constitution Act" gave the disposal and management of the Crown property to the local authorities in Victoria; but the enforcement of rights with reference to that property must stand on the same footing as it always did. The transfer of the management does not transfer the remedies for encroachment upon Crown property, and those rights can only be enforced by the law officers of the Crown. For this purpose the Attorney-General of Victoria, and not the Attorney-General of England, is the proper person.-Attorney-General v. Gee, 2 W. & W. (Eq.), 122. |