of the Cape of Good Hope a Parliament, to consist of the Governor, a Legislative Council, and House of Assembly: And whereas by an Ordinance intituled "Ordinance enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, for constituting a Parliament for the said Colony," provision has been made for constituting a Legislative Council and House of Assembly for the said Colony, and for defining the powers of the same: And whereas it is expedient that provision should be made for defraying certain expenses out of the revenue of the said Colony : 1. Be it therefore enacted, by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, That the said Governor shall be authorized to pay out of the revenue of the said Colony all the costs, charges, and expenses incident to the collection, management, and receipt thereof: Provided always, that full and particular accounts of all such disbursements shall from time to time be laid before the Parliament of the said Colony. 2. And be it enacted, That, until the Parliament of the said Colony shall otherwise direct, there shall be payable every year to Her Majesty, Her heirs and successors, out of the said revenue fund, the sum of one hundred and six thousand and ninety pounds, for defraying the expenses of the several services and purposes in the Schedules (marked A, B, C, and D) annexed to this Ordinance; the said sum to be issued by the Treasurer of the said Colony, in discharge of such warrant or warrants as shall be from time to time directed to him under the hand and seal of the Governor. 3. And be it enacted, That in construing this Ordinance the word "Governor shall mean any officer for the time being administering the government of the Cape of Good Hope. 4. 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. [SCHEDULES, FREEDOM OF SPEECH IN PARLIAMENT. I assent to this Bill in Her Majesty's name. (Signed) C. H. DARLING, Lt.-Governor, 19 September 1854. No. 1 of 1854. No. 31. An Act to Secure Freedom of Speech and Debates, or Proceedings in Parliament, and to give summary Protection to Persons employed in the Publication of Parliamentary Papers. WHEREAS it is essential to the due and effectual exercise and discharge of the functions and duties of Parliament, and 1 Repealed by Act No. 5 of 1875. to the promotion of wise Legislation, that the Freedom of Speech and Debates, or Proceedings in Parliament, should not be impeached or questioned in any court or place out of Parliament, and that no obstructions or impediments should exist to the Publication of such Reports, Papers, Votes, or Proceedings of either House of Parliament as such House of Parliament may deem fit or necessary to be published: And whereas it is fit that such Freedom should be secured by Law, and that all such obstructions or impediments, should any arise, may be summarily removed: Be it therefore enacted by the Governor, by and with the advice and consent of the Legislative Council and the House of Assembly, that there shall be Freedom of Speech and Debates, or Proceedings in Parliament, and that such Freedom of Speech and Debates, or Proceedings in Parliament, shall not be liable to be impeached or questioned in any court or place out of Parliament. II. And be it enacted, that it shall and may be lawful for any person or persons who may be a defendant or defendants in any civil or criminal proceeding, commenced or prosecuted in any manner soever, for or in respect of the publication of any Report, Paper, Votes, or Proceedings, by such person or persons, by or under the authority of either House of Parliament, to bring before the court in which such proceeding shall be commenced or prosecuted, or before any judge thereof (should the proceedings be in the Supreme or any Circuit Court), first giving twenty-four hours' notice of his intention so to do to the plaintiff or prosecutor in such proceeding, a certificate under the hand of the President of the Legislative Council for the time being, or of the Clerk of the Legislative Council, or of the Speaker of the House of Assembly, or of the Clerk of the same House, stating that the Report, Paper, Votes, or Proceedings, as the case may be, in respect whereof such civil or criminal proceeding shall have been commenced or prosecuted, was or were published by such person or persons, or by his or their servant or servants, by order or under the authority of the Legislative Council, or the House of Assembly, as the case may be, together with an affidavit verifying such certificate; and such court or judge shall thereupon immediately stay any such civil or criminal proceeding; and the same and every writ or process issued thereon shall be, and the same shall be deemed and taken to be, finally put an end to, determined, and superseded, by virtue of this Act. III. Provided always and it is hereby expressly declared and enacted, that nothing herein contained shall be deemed, or taken, or held, or construed, directly or indirectly, by implication or otherwise, to affect the rights and privileges of Parliament, in any manner whatsoever, IV. That in construing this Act, the word "Governor shall mean any Officer for the time being lawfully administering the Government of this Colony. Given at Government House, this Nineteenth September 1854. By Command of His Honour the Lieut.-Governor, (Signed) Colonial Secretary. Certified correct as passed by the (Signed) C. J. BRAND, Speaker. 1st September 1854. P.R.O., C.O. 50/3. INCORPORATION OF BRITISH KAFFRARIA. No. 32. Act to make provision for the Incorporation of British Kaffraria with the Colony of the Cape of Good Hope, and to increase the number of the Members of both Houses of Parliament of the said Colony. [Kaffraria became a British Crown Colony in 1847, the government offices being situated at King William's Town.] WHEREAS by the third section of the Imperial Act, 28th of Her Majesty, chapter 5, the Parliament of the Cape of Good Hope is empowered to make provision for the incorporation of the territory of British Kaffraria with the Cape of Good Hope, and it is enacted that when and as soon as the Governor of the Cape of Good Hope, as Governor of British Kaffraria, assents, in manner and form as in the said section is set forth, to the provision so made, then, and from and after the date of such assent, British Kaffraria shall become incorporated with the Cape of Good Hope, on the terms of such provision, for all purposes whatever, as if British Kaffraria had always formed part of the Cape of Good Hope: And whereas it is expedient tha such provision as aforesaid should be made, and that the same should take effect when and as soon as the Governor of British Kaffraria shall, by virtue of his powers as such Governor, and by laws and ordinances by him made, have divided British Kaffraria into two parts, to form, after such incorporation as aforesaid, electoral divisions of the Cape of Good Hope, each of which shall be entitled to send two members to the House of Assembly of the Cape of Good Hope, and shall have defined and named such electoral divisions, and shall have effected a registration of voters entitled to vote according to the qualification of voters fixed and established by the fourth section of the Constitution Ordinance of the Cape of Good Hope, and shall have declared the qualification of persons capable of being elected to be, after such incorporation as aforesaid, members of the House of Assembly aforesaid, such qualification to be that described in the fortyseventh section of the Constitution Ordinance aforesaid,and shall have provided for the conduct of the election of such members, in like manner, so far as may be, as if such election were to take place under the provisions of the said Constitution Ordinance, and when and as soon as the said election shall have been held: Be it enacted . . . as follows : I. [Repugnant part of Constitution Ordinance, etc., repealed.] II. From and after the day upon which the Governor . . shall... publish the names of the members returned by each of the two electoral divisions of British Kaffraria, then British Kaffraria shall become incorporated with the Cape of Good Hope, for all purposes whatever, III. The four members aforesaid shall be added to the number of the members of the House of Assembly of the Cape of Good Hope. IV. The two electoral divisions aforesaid shall, from and after such incorporation as aforesaid, become and remain electoral divisions of the Cape of Good Hope, entitled to be each represented by two members in the House of Assembly, and shall, for the purpose of the election of members of the Legislative Council... be comprised in and form part of the Eastern Districts, within the meaning and for the purposes of the Constitution Ordinance. VI. [Supreme Court of British Kaffraria abolished. Eastern Districts Court substituted.] XII. [Repugnant laws of British Kaffraria repealed.] XIII. [Laws, duplicates of, or identical with, Cape laws, repealed.] XV. [British Kaffrarian insolvent law repealed and Cape law substituted.] XVI. [Revenues to be payable to the Cape Colony and to be collected as in the Cape Colony by civil commissioners. Customs-officers to collect as at the other Cape ports.] XX. . . . And whereas it is expedient that the number of the elective members of the Legislative Council of the Cape of Good Hope should be increased to twenty-one, and that the number of the members of the House of Assembly of the said Colony should be increased to sixty-six, such number to include the four members aforesaid to be returned by the two |