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tions to more than one Candidate for each vacancy in the



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1856] CENTRAL GOVERNMENT 191

Legislative Council, in respect to which he is entitled to a vote,
his signature shall be expunged from all requisitions which he
shall nave so si^ed.

[15] The Resident Magistrate shall, at least seven days before
the day appointed for the commencement of the Poll, cause
the said requisitions to be published for the information of
the Electors.

[16] Our said Governor shall byproclamationintheG(w»^f«e«/
Gazette fix the time and place or places for holding the Sessions
of the Legislative Council provided that the said Legislative
Council shall be convoked within six months after Our said
Governor diall have received these presents and once at least
in every subsequent year.

[17] Our said Governor may by proclamation prorogue or
dissolve the L^dative Council when he shall think fit ; and
in the absence of such dissolution the elected members of the
Legislative Council shall hold their seats for four years from
the day of the returning of the first Writs for the election of
members to the said Council, and no longer.

[xs] If any member of the Legislative Council shall by writinjg
under his hand addressed to Our said Governor resign his
seat in the said Council or shall without the permission of Our
said Governor first obtained, fail during a whole Session to
give his attendance in the said Council or shall take any oath
or make any declaration or acknowledgment of allegiance,
obedience, or adherence to any foreign State or Power, or
shall do . . .^ in or adopt any act whereby he may become
the Subject or Citizen of any such State or Power or shall
become a Bankrupt or an Insolvent Debtor or a Public De-
faulter or be attamted of treason or be convicted of felony
or any infamous crime or shall for the period of one month
remain a party to any contract with the Government, or if
any elective member snail accept any offer of emolument from
the Government his seat in the said Council shall thereupon
become vacant.

[zq] Whenever it shall be established to the satisfaction of Our
said Governor that the seat of any elected member of the
legislative Council has become vacant Our said Governor
shjdl forthwith issue a Writ for the election of a new member
to serve in the place so vacated during the remainder of the
term of the continuance of such Council, but if any question
shall arise respecting the fact of such vacancy it ^all be
referred by Our said Governor to the said Council and shall
be heard and determined by them.

[20] No member of the Legislative Council shall vote or sit
therein until he shall have taken and subscribed the following
> One word ol the MS. is indistinct.



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192 NATAL [1856

Oath before Our said Governor or some person authorized by
him to administer such Oath :

"I, A. B., do sincerely promise and swear that I will be
faithful and bear true allegiance to Her Majesty, So help me
God."

But every person authorized by Law to make a solemn
affirmation or declaration instead of taking an Oath may
make such affirmation or declaration in lieu of the said Oath.

[ai. Legislative Council to elect a Speaker subject to the
Governor's confirmation.]

[22. Speaker to preside at meetings of Legislative Council.]

[23. Quorum of Legislative Council to be six.]

[24. Questions to be decided by majority of members present.
When votes are equal, Speaker diall have a casting vote.]

[25. Council to frame its rules and orders subject to the
Governor's confirmation.]

[26] The Legislative Council shall not pass nor shall Our said
Governor assent to any Bill appropriating any part of the
Public Revenue for any purpose which shall not first have
been recommended to the Council by Our said Governor during
the Session in which such Bill was proposed, and no part of
the said Revenue shall be issued except in pursuance of a
Warrant under the hand of Our said Governor directed to the
Public Treasurer of the Colony.

[27. Civil List reserved. Treasurer of the Colony to account
for all revenues to the Lords Conmiissioners of the Treasury
of the United Kingdom.]

[28. Governor may transmit drafts of Bills for the L^iislative
Council's consideration.]

[29] Whenever any Bill has been passed by the Legislative
Council it shall be presented to Our said Governor, who may
either return the same by message for the reconsideration of
the Council with such amendments as he may think fitting, or
may assent to the same subject to such instructions as he may
receive from Us in regard to such Bills, or may declare that he
refuses his assent to the same or that he reserves the same for
the signification of Our pleasure thereon.

[30. Laws assented to by the Governor may be disallowed
by the Crown within two years. From the date of publication
of such disallowance within the Colony such law shall be
considered null and void.]

[31] The Field-Comet" in every ward shall . . . make a true
list ... of all men, who shall be . . . qualified to vote . . .
for members of the Legislative Council. . . .

[32] The Field-Comet shall forthwith transmit such list to
the Resident Magistrate of the County, or Electoral District,
in which such ward is situated.



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1856] CENTRAL GOVERNMENT 193

[33] When the Resident Maristrate has received such lists
from the Field-Comet, he shaJl forthwith cause them to be
published, and to every list so published he shall subjoin a
notice that all objections thereto will be heard and determined
by him, at such time, or times, as Our said Governor may,
by proclamation, fix for that purpose.

[34] The Resident Ma^strate, after hearing such objections,
shall strike out of the lists all names which shall have been
improperly inserted, and insert all names which shall have
been improperly omitted therein. . . .

[35] A copy of the list of voters in every ward . . . shall be
transmitted . . . to the Field-Comet of such ward. . . .

[36] This list shaU be called " The Voters' Roll " of the
ward, and shall be brought into use on such day as may be
fixed by Our said Governor by Proclamation for that pur-
pose, and shall continue to be used for one year then next
ensuing.

[37] Any person may inspect or take a copy of such roll
gratuitously.

[38] The Field-Comet in every ward shall, in like manner, on
the 1st of July in every succeedmg year, make a similar list of
all men who shall be at such time qualified to vote for members
of the Legislative Council, and the same proceedings shall be
had and taken in respect thereof, as are hereinbefore specified,
respecting the first election, and he shall give notice, as herein-
before mentioned, that objections will be heard and determined
at some time to be fixed before the twenty-first day of August
then next ensuing, and the voters' roll shall be brought into use
as hereinbefore mentioned, on the first day of September in
every year.

[39.^. Manner of taking the poll. Precautions against false
impersonation at polling stations. Resident Magistrates to
pubUdi the result of elections in their respective areas.]

[50. In case of an equality of votes the decision is to be
by lot.]

[51] It shall be lawful for Our said Governor by any Law to
be enacted by him with the advice of the Legislative Council
to be constituted under and by virtue of these presents to
repeal, alter or amend all or any of the provisions made by or in
virtue of these presents and to substitute other provisions in
lieu thereof, provided that no such Law shall abridge the
power hereinbefore reserved to Our said Governor of reserving
any Bill passed by the Legislative Council for the significance
of Our pleasure thereon or the power reserved to Us of dis-
allowing any Law ; and provided also that every Law shall
be reserved by Our said 6ovemor for the significance of Our
pleasure which shall diminish the Salary of any Officer holding

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194 NATAL [1865

Office or by which any alteration shall be made in any of the
following particulars, namely :

The respective numbers of the Elective and Non-

dective Members of the legislative CouncU,
The qualifications of the said Elective Members

and of their Electors,
The Salaries annexed by the Reserved Civfl List to
the Officers, Governor, Judge and Secretary for
Native Affairs, or the annual payment of Five
thousand pounds for Native purposes.
[52. Governor may, within six months of the date h^-eof , vary
by proclamation any of the provisions herein contained rdating
to tne registration of voters, to returning officers, to the issuing
of writs for elections, and to the manner of taking the poll.]

[53. Colony may be divided into counties, wards, and town-
ships.]

[54. Govanor in Council may make grants of Crown lands.]
[55] AndWedo hereby authorize and empower our said Gover-
nor to constitute and appoint Judges and in cases requisite Com-
missioners of Oyer ana Terminer, Justices of the Peace, and
other necessary Officers and Ministers in Our said Colony for
the due and impartial administration of Justice and for putting
the Laws into execution and to administer or cause to be ad-
ministered unto them such Oath or Oaths as are usually given
for the due execution and performance of their offices. . . .

[56. Governor may su^end from office any official ap-
pointed by the Crown, till the Queen's pleasure be known.]

[57. Governor may pardon any offender convicted of any
crime either freely or conditionally. He may remit certain
fines and penalties.]

[58] And We do reserve to Ourselves full power and authority
to amend, alter or revoke these Our Letta^ Patent as to Us shaU
seem meet. In witness, etc. Witness, etc. the fifteenth day of
July.

[Schedules follow here.]

By Her Majesty's Command.
P,R.O,. Patent Roll, 20 Victoria, Part I., No. (6).



NATIVE FRANCHISE. [24 Aug. 1865]

No. II, 1865.

No. 114. Law. — Disqualifjdng certain Natives from exercising
Electoral Franchise.*

Whereas the numerous Natives residing in this Colony
are, by the 28th article of Her Majesty's Instructions, given at
1 Cf. Nsvtive Administration Laws of 1875, 1878 and 1887.



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i865] CENTRAL GOVERNMENT 195

Buckingham Palace on the 8th day of March 1848, under the
Royal Sign Manual and Signet, placed under special control,
and made subject to their own laws, customs and usages,
and are consequently only partially brought under the opera-
tion of the general Laws of the Colony. And whereas, by Her
Majesty's Letters Patent ^ven at Westminster the Fifteenth
day of July, in the Twentieth Year of Her Majesty's Reign,
o-ecting Natal into a separate Colony, and amongst other
provisions therein contained constitutmg an Elective Legis-
lative Council for the said Colony, it is by the said Letters
Patent declared and ordained that every man above the age
of twenty-one years, save and except certain persons dis-
qualified by the provisions of the said Letters Patent, who
possesses any inunovable property to the value of ^^50, or who
rents any such property of the yearly value of /lo, and who
is duly registered, shall be entitled to vote at the election of
a member for the said Legislative Council : And whereas it
is contemplated to grant to the said Natives documentary titles
to certain lands within the said Colony by which many of
the said Natives would become possessed of the property
qualification required to exercise the electoral franchise under
the said Letters Patent ; and whereas it is deemed to be inxe-
pedient that the said Natives should, ... so long as they continue
subject to the special provisions of the aforesaid 28th article
of Her Majesty s Instructions, exercise the said privilege :
And whereas by Law No. 11 of 1864, entituled : " For relieving
certain persons from the operation of Native Law," provision
is made whereby such natives as [shall become fairly civilised]
shall be enabled ... to take out certain letters of exemption by
which they become exempted from the operation of Native
Laws, Customs and Usages, and in tiieir persons and property
become subject to the general laws of the Colony : And whereas
for the before cited reasons it is expedient by Law to exclude
such of the Native population as shall continue subject to
Native Law from claiming the electoral franchise, and to define
which of the said Natives so exempted shall be entitled to claim
the rights and privileges granted by the said Royal Letters
Patent, and in these respects to alter or amend the provisions
of the said Royal Letters Patent :

Be It Therefore Enacted by the Lieutenant-Governor of the
Colony of Natal, by and with the consent of the Legislative
Council thereof, as follows :

I. Every male native resident in this Colony or having
the necessary property qualification therein, whether subject
to the operation of the native laws, customs and usages in
force in this Colony or exempted therefrom save as in this law
is provided, diall be disqualified from becoming a duly regis-



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196 NATAL [1865

tered elector, and shall not be entitled to vote at the dection
of a member of the Legislative Council for any electoral district
of tiie Colony of Natal.

2. Any male native inhabitant of this Colony who shall
show to the satisfaction of the Lieutenant-Governor that he
has been resident in this Colony for a period of twelve years
or that he has been occasionally resident therein equivalent
to a twelve years' residence and who shall possess the requisite
property qualification and shall have been exempted from the
operation of native law for a period of seven years, and who
shall produce to the Lieutenant-Governor a certificate signed
by three duly qualified electors of European origin as near as
may be to the form in Schedule A hereunto appended and
endorsed by a Justice of the Peace or Resident Magistrate
of the district in which such native resides, a statement to the
effect that the Justice or Resident Magistrate endorsing said
certificate has no reason to doubt the truth of said certificate
and that the persons signing it are credible persons, shall be
entitled to petition the Lieutenant-Governor of Natal for a
certificate to entitle him to be rc^stered as a duly qualified
elector for that electoral division in the Colony in which such
native may possess the requisite property qualification.

3. The Lieutenant-Governor may direct that the applica-
tion of any such native be published in the Government Gazette
and call upon any person having objection to any such native
becoming a duly qualified elector to submit such objection in
writing to the Secretary for Native Affairs for the consideration
of the Lieutenant-Governor.

4. The Lieutenant-Governor may make such rules and
orders in and about the publication of any such application
and receiving, and entertaming, and deciding upon, any objec-
tion thereto, as may to him seem necessary.

5. The Lieutenant-Governor may, at his discretion, grant
or refuse to any native applying in manner aforesaid for
such certificate, entitling him to be registered as a duly quali-
fied elector, provided always no such certificate diall be
granted unless it shall have been published in manner de-
scribed in Clause 3; at least three months previous to the
granting thereof.

6. Every male native who shall have been exempted from
the operation of native law, customs and usages, for a period
of seven years, and who shall have obtained a certificate from
the Lieutenant-Governor entitling such native to be registered
as an dector, and who shall be possessed of the immovable
property qualification required by any law in force for the
time being in that behalf, shall be entitled to be duly regis-
tered as an dector, and when registered shall be entitled to



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1869] CENTRAL GOVERNMENT 197

vote at the election of a Member of the Legislative Council
for such District in which he may possess such property.

7. Every male native to whom such certificate shall have
been granted by the Lieutenant-Governor shall so long as he
may possess the requisite property qualification and who shall
not be convicted of treason or of any infamous crime, or of
any crime which, if committed in England, would be felony,
shall, subject to the provisions of Her Majesty's Letters Patent
given at Westminster the fifteenth day of July, in the twentieth
year of Her Majesty's reign, or any law in force for the time
being in that behalf, be entitled to vote at the election of a
member of the Legislative Council for the district in which he
may possess such property (Qualification.

8. This law shall come mto force and take effect on and
after the publication by proclamation of the Lieutenant-
Governor in the Governmeni Gazette of Her Majesty's assent to
the same.

[Schedule.]

P.R.O., CO. 180/3



ECCLESIASTICAL GRANTS. [22 Sept. 1869.I

No. 7, 1869.

Ho. 116. Law.-^To abolish Ecclesiastical Grants from the Public

Revenue within the Colony of Natal

Whereas the Legislative Council of this Colony did, on
the 4th day of July 1866, pass the following resolution, viz. :

" That it is the opinion of this House that all

Annual Grants of Money now made by Government

to Ecclesiastical Bodies, or all forms of State Aid to

Religion, should cease."

And whereas it is expedient to give permanent legal force

to aforesaid resolution, and that perfect religious equality

should be secured within the Colony, and for that purpose

that the payment of all Ecclesiastical Grants from the Public

should cease and detemdne.

Be It Therefore Enacted by the Lieutenant-Governor of
Natal, by and with the advice and consent of the Legislative
Council thereof, as follows :

1. That from and after the passing of this law, no further
annual grant of money diall be made by the Government to
any person holding any ecclesiastical appointment, nor shall
any kind of State aid be given to any ecclesiastical body or

Eerson as such, in any form or manner whatsoever, either in
ind or otherwise.

2. [Present annual grants shall lapse on determination of

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igS NATAL [1873

recipients' office, except in such cases as may now be Avaiting
the decision of Government.]

3. [Law to take effect from the date of promulgation.]

P.R.O., CO. 180/4.



ELECTORAL DIVISIONS. [12 July 1873.]

No. I, 1873.

No. 118. Law. — ^To readjust the Electoral Divisions of the
U)lony of Natal.

Whereas by the Royal Charter of Natal, bearing date the
15th day of July 1856, it is provided in the 51st section thereof,
that " it shfiJl be lawful for the Lieutenant-Governor, with the
advice of the Legislative Council, to be constituted under and
by virtue of these presents, to repeal, alter, or amend aU or any
of the provisions made by or in virtue of these presents, and
to substitute other provisions in lieu thereof, under certain
reservations, among others that every Law altering "The
respective numbers of elective and non-elective members of
the Legislative Council " shall be reserved for the signification
of Her Majesty's pleasure with respect thereto :

And whereas it is advisable to alter the respective numbers
of the elective and non-elective members of the Legislative
Council :

Be it therefore enacted by the Lieutenant-Governor, with
the advice and consent of the Legislative Council :

1. That Clause 7 of the said Charter shall be, and is hereby
repealed, and in lieu thereof shall be substituted as Clause 7
the v(ords following : That the Legislative Council of Natal
shall consist of twenty members, of whom fifteen shall be
elective, and five non-dective.

2. Clause 10 of the said Charter is hereby repealed, and
in lieu thereof it is hereby enacted: That the dective
members shall be chosen by tiie dectors of the following ten
doctoral districts, that is to say :

1. Two for the County of Klip River— exclusive of

the Division of Newcastle.

2. One for the Division of Newcastle,

3. One for the County of Weenen.

4. One for the County of Umvoti.

5. Two for the County of Ketermaritzburg.

6. One for the County of Durban.

7. One for the Counties of Alexandra and Alfred.

8. Two for the County of Victoria.

9. Two for the Borough of Ketermaritzburg.
10. Two for the Borough of Durban.

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1875] CENTRAL GOVERNMENT 199

£^ The three additional elective members, namely, one
member for the Division of Newcastle, one member for the
County of Victoria, and one member for the Counties of
Alexandra and Alfred, shall, within four months after the

Promulgation of this Law, be elected in the manner provided
y the Charter for filling vacancies of elective seats, until such
time as under a general election, the returns shall be made as
dsei^ere provided in the Charter. The fifth non-elective
memba: of the said Council shall be from time to time named
or designated in terms of the 8th section of the said Charter.

3. ppirst elections in new electoral districts provided for.]

4. [Law to take effect from the date of promulgation.]

P.R.O. CO. 180/4.



CONSTITUTION AMENDMENT LAW, 1875.

[23 Sept. 1875.]

No. 3, 1875.

■6. 117. Law. — To increase the number of Members in the
Legislative Council of Natal.

[Preamble.]

Be It . . . Enacted by the Administrator of the Govern-
ment of Natal, with the advice and consent of the Legislative
Council thereof, as follows :

I. The Law No. i, 1873, shall be and the same is hereby
amended by substituting twenty-eight, instead of twenty, as
the total number of members of the Legislative Council of
Natal, and by substituting thirteen, instead of five, as the
number of non-elective members of the Legislative Council of
Natal, and the Lieutenant-Governor shall be and he is hereby
empowered from time to time to nominate and appoint accord-
ingly a further number of persons not exceeding eight to be
members of the said Legislative Council : Provided that such
further number of persons, not exceeding eight, to be nomi-
nated and appointed as non-elective members of the said Legis-
lative Council, shall be selected from persons who have been
on the Voters' Roll for two years, and are possessed of immov-
able property of the value of One Thousand Pounds sterling, free
of ail encumbrances, and shall be subject in all respects to
the i8th and iglii Clauses of the Royal Charter of 1856, as
if they were elective members : Provided further, that such
requisite qualifications diall not apply to the five nominated
members holding offices of profit under the Crown : Provided
also, that the seats pf the non-elective members in the said
Council shall terminate by death or resignation, or by dis-



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200 NATAL [1875

solution of the Legislative Council in the same manner as
scats of elective members thereof : And provided also that
upon the dissolution of the now existing Legislative Council,
the Lieutenant-Governor shall be and he is hereby empowered
to nominate and appoint persons to fill the entire thirteen non-
elective seats in tne Legislative Council, any former Law or
Charter or nomination or appointment notwi&standing.

2. That all laws imposing taxation on the European popu-
lation shall require not less than two-thirds of the members
present to carry the affirmative.

3. That the Legislative Council shall not be competent
to proceed to the despatch of any business unless ten members
be present.

4. That this Law shall be in force for a p«iod of five years
from and after the promulgation thereof in the Government
Gazette.

5. That four members be nominated from the Borough
of Durban, the Counties of Durban, Victoria, Alexandra,
and Alfred; and four from the Borough of PietCTmaritz-
burg, and the Counties of Pietermaritzburg, Umvoti, Weenen,
and Klip River.

6. Save so far as in conflict with this Law, all former Laws
and Charters now in existence shall be deemed to be in force
notwithstanding the passing thereof.

7. This Law shall commence and take effect from and after
the date of promulgation in the Natal Government Gazette
of Her Majesty's assent thereto, and may be cited for all
purposes as the " Natal Constitution Amendment Law, 1875."

P,R,0., CO. 180/4.



NATAL GOVERNMENT RAILWAYS.

No. 4, 1875.

Ho. 118. Law.— To empower the Lieutenant-Governor to
make, maintain, equip, and work certain Railways in the
Colony of Natal, and to confirm a provisional Contract
entered into for the construction of the same.

P.R.O., C.0. 180/4.



No. 5, 1875.

Mo. 1L9. Law. — ^To raise a Loan for the Construction and



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 29 of 70)