48. [Nomination of candidates Assembly.] for the Legislative 49-59. [Time, place, and manner of voting for members of the Assembly.] 60. And be it enacted, That so soon as every electoral district in the Colony shall have either elected or failed in electing its representatives in the House of Assembly, it shall and may be lawful for the Governor of the Cape of Good Hope to summon, by proclamation, the Legislative Council and the House of Assembly of the Cape of Good Hope to meet at such place within the said Colony, and at such time as the said Governor shall think fit: Provided always, that the said Council and Assembly shall be summoned to meet at some period not later than twelve months next after the promulgation of this Ordinance in the said colony. 61-62. [Oath or affirmation to be made by all members of the two Chambers.] 63. And be it enacted, That the House of Assembly shall, at its first meeting, and before proceeding to the despatch of any other business, elect one member thereof to be and be called the Speaker of such House. 64. [Declaration of property qualification to be made by each member of the Council.] 65-66. [Property qualification must be possessed during the whole time that a member of Council retains his seat.] 67. [Grounds of disqualification may be brought by petition before a committee of the Council.] 68. [Similar procedure with regard to alleged disqualification of members of Assembly.] 69. And be it enacted, That it shall be lawful for any member of the Legislative Council of the Cape of Good Hope, by writing under his hand, addressed to the President of the said Council, to resign his seat in the said Council, and upon such resignation the seat of such member shall become vacant. 70. And be it enacted, That it shall be lawful for any member of the House of Assembly of the Cape of Good Hope, by writing under his hand, addressed to the Speaker of the said Assembly, to resign his seat in the said Assembly, and upon such resignation the seat of such member shall become vacant. 71. And be it enacted, That if any legislative councillor of the Colony of the Cape of Good Hope, or any member of the House of Assembly thereof, shall for one whole session of the Parliament of the said Colony fail to give his attendance in the House of Assembly to which he belongs, without the permission of such house, or shall take any oath or make any declaration of acknowledgment of allegiance, obedience, or adherence to any foreign prince or power, or shall do, concur in, or adopt any act whereby he may become a subject or citizen of any foreign state or power, or if his estate shall be sequestrated as insolvent, the seat of such councillor or member of the Assembly shall thereby become vacant. 72. And be it enacted, That no member of the Legislative Council shall be eligible for a seat in the House of Assembly; and that if any member of the House of Assembly shall be elected a member of the Legislative Council, the former seat of such member shall, ipso facto, become vacant. 73. [Election, how to take place on vacancies.] 74. And be it enacted, That it shall and may be lawful for the Governor of the Cape of Good Hope, whenever he shall see fit so to do, to prorogue, either by speech or proclamation published in the Government Gazette, the Legislative Council and the House of Assembly of the said colony, and also, either by speech or by any such proclamation, to dissolve the said Council and the said House of Assembly, or dissolve the said House of Assembly without dissolving the said Council. 75. [Arrangements for a general election to be as described above.] 76. [Provision for a biennial registration of voters.] 77. And be it enacted, That there shall be a session of the Parliament of the Cape of Good Hope once at least in every year, so that a period of twelve calendar months shall not intervene between the last sitting of the said Parliament in one session and its first sitting at next session. 78. [Standing rules and orders to be framed by each Chamber for itself.] 79. And be it enacted, That it shall be lawful for the Colonial Secretary, the Attorney-General, the Treasurer, and the Auditor of the said Colony to sit and take part in any debate or discussion which may arise in either the Legislative Council or the House of Assembly, subject nevertheless to any such standing rules and orders as are herein-before mentioned; but that it shall not be lawful for them to vote on any proceeding in either house. 80. And be it enacted, That it shall not be lawful for the House of Assembly or the Legislative Council to pass, or for the Governor to assent to, any bill appropriating to the public service any sum of money from or out of Her Majesty's revenue within the said Colony, unless the said Governor, on Her Majesty's behalf, shall first have recommended to the House of Assembly to make provision for the specific public service towards which such money is to be appropriated; and that no part of Her Majesty's revenue within the said Colony shall be issued except under the authority given by the Governor of the said Colony directed to the public treasurer thereof. 81. And be it enacted, That it shall and may be lawful for the Governor of the Cape of Good Hope to transmit, by message, to either the Legislative Council or the House of Assembly, for their consideration, the drafts of any laws which it may appear to him desirable to introduce, and all such drafts shall be taken into consideration in such convenient manner as shall in and by the rules and orders aforesaid be in that behalf provided Provided always, that the said Governor shall not transmit to the Legislative Council the draft of any law which ought, under and in virtue of the provisions of this Ordinance, to originate in or be introduced into the House of Assembly. 82. And be it enacted, That whenever any bill which has been passed by the Legislative Council and Assembly of the Colony of the Cape of Good Hope shall be presented for Her Majesty's assent to the Governor of the said Colony, such Governor shall declare, according to his discretion, but subject nevertheless to the provisions contained in this Ordinance, and to such instructions as may from time to time be given in that behalf by Her Majesty, Her heirs and successors, that he assents to such bill in Her Majesty's name, or that he refuses his assent to such bill, or that he reserves such bill for the signification of Her Majesty's pleasure thereon: Provided always, that it shall and may be lawful for the Governor, before declaring his pleasure in regard to any bill which shall have been so presented to him, to make such amendments in such bill as he shall think needful or expedient, and by message to return such bill, with such amendments, to the Legislative Council or the House of Assembly, as he shall think more fitting; and the consideration of such amendments by the said Council and Assembly respectively shall take place in such convenient manner as shall, in and by the rules and orders aforesaid, be in that behalf provided. 83. And be it enacted, That whenever any bill which shall have been presented for Her Majesty's assent to the Governor of the said Colony of the Cape of Good Hope shall, by such Governor, have been assented to in Her Majesty's name, such Governor shall, by the first convenient opportunity, transmit to one of Her Majesty's Principal Secretaries of State an authentic copy of the act so assented to; and that it shall be lawful, at any time within two years after such bill shall have been received by such Secretary of State, for Her Majesty, by Order in Council, to declare Her disallowance of such act, and that such disallowance, together with a certificate under the hand and seal of such Secretary of State, certifying the day on which such bill was received as aforesaid, being signified by such Governor to the Legislative Council and Assembly of the Cape of Good Hope, by speech or message to the Legislative Council and Assembly of the said Colony, or by proclamation, shall make void and annul the same from and after the date of such signification. 84. And be it enacted, That no bill which shall be reserved for the signification of Her Majesty's pleasure thereon shall have any force or authority within the colony of the Cape of Good Hope until the Governor of the said Colony shall signify, either by speech or message to the Legislative Council or Assembly of the said Colony, or by proclamation, that such bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same; and that an entry shall be made in the journals of the said Legislative Council of every such speech, message, or proclamation, and a duplicate thereof, duly attested, shall be delivered to the proper officer, to be kept amongst the records of the said Colony; and that no bill which shall be so reserved as aforesaid shall have any force or authority in the said Colony unless Her Majesty's assent thereto shall have been so signified as aforesaid within the space of two years from the day on which such bill shall have been presented for Her Majesty's assent to the Governor as aforesaid. 85. And be it enacted, That the Governor of the Cape of Good Hope shall cause every act of the Parliament of the Cape of Good Hope which he shall have assented to in Her Majesty's name to be printed in the Government Gazette, for general information, and such publication by such Governor of any act of the said Parliament shall be deemed to be in law the promulgation of the same. 86. [Copies of acts of Parliament to be enrolled.] 87. [Certificates of disallowance of acts of Parliament to be enrolled.] 88. And be it enacted, in regard to all bills relative to the granting of supplies to Her Majesty, or the imposition of any impost, rate, or pecuniary burden upon the inhabitants, and which bills shall be of such a nature that if bills similar to them should be proposed to the Imperial Parliament of Great Britain and Ireland such bills would, by the law and custom of Parliament, be required to originate in the House of Commons, That all such bills shall originate in, or be by the Governor of the Cape of Good Hope introduced into the House of Assembly of the said Colony: Provided that the Legislative Council of the said colony, and the Governor thereof, shall respectively have full power and authority to make in all such bills such amendments as the said Council and the said Governor shall respectively regard as needful or expedient; and the said Council and the said Governor may respectively return such bills, so amended, to the House of Assembly or the Legislative Council. 89. And be it enacted, That all debates and discussions in the Legislative Council and House of Assembly respectively shall be conducted in the English language, and that all journals, entries, minutes, and proceedings of the said Council and Assembly be made and recorded in the same language. 90. And be it enacted, That each member of the Legislative Council and each member of the House of Assembly whose ordinary place of residence shall be situate at a greater distance than ten miles from the place or places in which the said Council and Assembly shall respectively assemble shall be entitled to be paid from the public treasury of the said Colony the sum of one pound sterling per day, for every day during which such member shall be engaged in travelling to, and returning from, and attending at, any session of Parliament of the said Colony: Provided always, that such payment shall in no case be made for more than fifty days in any one calendar year; and that every such member shall also be entitled to be paid a further sum of one shilling for every mile which he shall necessarily travel in coming to and returning from any such session: Provided always, that no part of such sums shall become payable to any member in any session until after an act providing funds for the public service of the current year shall have been passed by the said Council and Assembly, and assented to by the Governor. 91. [Interpretation of terms, Natal not included in the Cape Colony.] 92. And be it enacted, That this Ordinance shall commence and take effect within the Colony of the Cape of Good Hope from and after such date as Her Majesty shall, by the advice of Her Privy Council, fix for that purpose. Parl. Papers, Copies of Two Cape Ords., No. 30. RESERVED CIVIL LIST ORDINANCE. [Ord. No. 3 of 1852.1] WHEREAS Her Majesty did, by certain Letters Patent, bearing date at Westminster on the twenty-third day of May in the thirteenth year of her reign, amongst other things, declare and ordain that there should be within the settlement 1 Confirmed by Order in Council, 11 March 1853; repealed by Act No. 15 of 1896. |