Newfoundland Act, 1847

An Act to render permanent certain Parts of the Act for amending the Constitution of the Government of Newfoundland.

10 & 11 Vic., Chap. 44

[25th June 1847.]

WHEREAS by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act for amending the Constitution of the Government of Newfoundland it was amongst other things enacted, that it should be lawful for Her Majesty, in or by any Commission under the Great Seal of the United Kingdom, to be thereafter issued for the Government of Newfoundland, and, in and by any Instructions under Her Majesty's Signet and Sign Manual accompanying and referred to in any such Commission or Commissions, to establish a Qualification in respect of Income or Property in right of which any Person might be thereafter elected to serve as a Member of the Assembly of Newfoundland; provided that no such Qualification should be fixed at more than a net annual Income arising from any Source whatsoever of One hundred Pounds, or the Possession of Property, clear of all Incumbrances, exceeding Five hundred Pounds in Amount or Value;

And that it should be lawful for Her Majesty, in manner aforesaid, to fix and determine the Length of the Period of Residence within any Electoral District in the said Island which should be required, in addition to any other Qualification, for voting at Elections within such District, or for being elected to serve as a Member of the Assembly, provided that such Period should not extend beyond the Period of Two Years next preceding any such Election;

And that it should be lawful for Her Majesty, in manner aforesaid, to restrain the said Assembly from appropriating to the public Service of the Island of Newfoundland any Part of the public Revenue thereof in Cases where such Service should not have been previously recommended, or such Grants of Money should not have been previously asked by or on Behalf of Her Majesty;

And that it should be lawful for Her Majesty, in manner aforesaid, to restrain and prohibit the Election of Members to serve in the said Assembly in different Districts on successive or different Days, and to require that all such Elections should be simultaneous, and should be completed within a Time to be limited;

And that any such future Commissions or Instructions as aforesaid should be laid before both Houses of Parliament within Thirty Days next after the Commencement of the then next Session of Parliament;

And it was thereby provided that no Change which should be made in the Constitution of the said Island under the said Act should continue for a longer Time than the First Day of September One thousand eight hundred and forty-six, unless Parliament should otherwise order:

And whereas by an Act passed in the Session of Parliament holden in the Ninth and Tenth Years of Her Majesty's Reign, intituled An Act to continue until the First Day of September One thousand eight hundred and forty-seven certain of the Provisions of an Act of the Fifth and Sixth Years of Her Present Majesty, for amending the Constitution of the Government of Newfoundland, it was enacted, that the Changes made in the Constitution of the said Island under the said recited Act should continue in force until the First Day of September One thousand eight hundred and forty-seven:

And whereas upon and from the said First Day of September One thousand eight hundred and forty-seven the Changes made in the Constitution of the said Island under the first-recited Actwill cease to be in force unless further Provision in that Behalf be made by Parliament; and it is expedient that from and after the First Day of September One thousand eight hundred and forty-seven the first-recited Act should cease to be in force, save only so far as the same is herein-before recited:

Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That so much as is herein-before recited of the first-recited Act shall be permanent, and that upon and from the First Day of September One thousand eight hundred and forty-seven so much of the said Act as is not herein-before recited shall cease to be in force.

II. And be it enacted, That this Act may be amended or repealed by any Act to be passed during this Session of Parliament.

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