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Legislative Council, in respect to which he is entitled to a vote, his signature shall be expunged from all requisitions which he shall have so signed.

[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 by proclamation in the Government 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 shall have received these presents and once at least in every subsequent year.

[17] Our said Governor may by proclamation prorogue or dissolve the Legislative 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.

[18] If any member of the Legislative Council shall by writing 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 Defaulter or be attainted 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 shall accept any offer of emolument from the Government his seat in the said Council shall thereupon become vacant.

[19] 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 shall 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 shall 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

1 One word of the MS. is indistinct.

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. [21. 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 shall 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 Commissioners of the Treasury of the United Kingdom.]

[28. Governor may transmit drafts of Bills for the Legislative 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-Cornet 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-Cornet shall forthwith transmit such list to the Resident Magistrate of the County, or Electoral District, in which such ward is situated.

[33] When the Resident Magistrate has received such lists from the Field-Cornet, he shall 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 Magistrate, 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-Cornet of such ward.

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[36] This list shall 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 purpose, 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-Cornet in every ward shall, in like manner, on the 1st of July in every succeeding 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 hereinbefore 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.

[39-49. Manner of taking the poll. Precautions against false impersonation at polling stations. Resident Magistrates to publish 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 disallowing any Law; and provided also that every Law shall be reserved by Our said Governor for the significance of Our pleasure which shall diminish the Salary of any Officer holding

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

The respective numbers of the Elective and Nonelective Members of the Legislative Council,

The qualifications of the said Elective Members and of their Electors,

The Salaries annexed by the Reserved Civil 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 hereof, vary by proclamation any of the provisions herein contained relating to the 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 townships.]

[54. Governor in Council may make grants of Crown lands.] [55] And Wedo hereby authorize and empower our said Governor to constitute and appoint Judges and in cases requisite Commissioners of Oyer and 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 administered unto them such Oath or Oaths as are usually given for the due execution and performance of their offices. . .

[56. Governor may suspend from office any official appointed 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 Letters Patent as to Us shall 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.-Disqualifying certain Natives from exercising Electoral Franchise.1

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

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 operation of the general Laws of the Colony. And whereas, by Her Majesty's Letters Patent given at Westminster the Fifteenth day of July, in the Twentieth Year of Her Majesty's Reign, erecting Natal into a separate Colony, and amongst other provisions therein contained constituting an Elective Legislative 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 disqualified by the provisions of the said Letters Patent, who possesses any immovable property to the value of £50, or who rents any such property of the yearly value of £10, 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 inxepedient 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. II 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 their 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:

1. 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, shall be disqualified from becoming a duly regis

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