Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 84
A Guide to New South Wales State Archives relating to Responsible Government
2. The fourth section of the New South Wales Constitution Act,
adopted by the Imperial Act 18 and 19 Vict: cap 54 provides
that it shall be lawful for any member of the Legislative Council
who has been called to that House by writ of summons to
resign his seat therein by a letter to the Governor, and upon the
receipt of any such letter by the Governor, the seat of such
Legislative Councillor shall become vacant.
3. The letter of resignation, therefore, clearly avoids the writ of
summons, by virtue of which a Legislative Councillor is entitled
to sit in the Council, and deprives it of all force & efficacy.
4. We are of opinion that it is quite immaterial what is done
with the writ of summons in such a case. It has become waste
Parchment, and may be either cancelled or preserved - But with
regard to the letter of resignation addressed to the Governor,
we think it ought to be filed in the Colonial Secretary Office,
and perhaps the most satisfactory course in the present
instance will be to attach the writ of summons to it.
A further inclusion is LC1, Legislative Council Address No.13 of
26 September 1856 in which the Governor is requested "for a
statement of the names of all persons who, up to the present time,
have been summoned to this Council, with the dates of the
instruments by which they were summoned; and also the names
of such persons (if any) as have resigned their seats in this
Council, and the time of the receipt by your Excellency of the letter
constituting such resignation, together with a copy of all such
letters;" and for a similar statements from time to time.
Standing Rules and Orders of the Legislative Assembly,
1861
CSIL 64/5545 contains, as an enclosure, a printed copy of the
1861 Standing Rules and Orders of the Legislative Assembly of
New South Wales. The Rules and Orders are enumerated under
the following section headings: General conduct of business,
Petitions, Notices and Motions, Lapsed questions and orders,
Committees of the whole House, Select Committees, Public Bills,
Private Bills, Messages from the Governor, Joint addresses to the
Governor, Communications with the Legislative Council, Strangers,
Contempt, and Suspension of standing rules and orders.
1861 Despatches — M1156/B
Topnumbered as M1156/B is Secretary of State Despatch No.52 of
26 August 1861. In this despatch a copy of a recently passed Act
annexing a portion of New South Wales to South Australia, 24 &
25 Vic c.44, which has received Her Majesty's assent, is
transmitted. The Duke of Newcastle particularly brings the
Governor's attention to the provision made in the Act to enable
"the Governors of any two contiguous Australian Colonies with the
approval of The Queen to alter the boundaries from time to time of
any of the Australian Colonies on the main land as may hereafter
be deemed expedient".
CGS 905,
CSIL 64/5545
in [4/531]
CGS 905,
M1156/B in
[4/3462.2]
Included is a copy of the despatch together with the papers
ordered to be printed by the Legislative Assembly on 25 October,
entitled Annexation of portion of New South Wales to South
Australia. The latter comprises a copy of the despatch and of the
Imperial Act.
State Records Authority of New South Wales
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