Legislative Control over Ordinary Revenue Act 1851 No 21a (NSW)

No. XVI.

An Act to repeal so much of the Local Ordinances second William the Four th number twelve sixth Victoria number fifteen seventh Victoria number nineteen eighth Victoria number four and eleventh Victoria number twenty as assumes to vest the appropriation of the Ordinary Revenue elsewhere than in the Legislative Council. [22nd December, 1851.]

WH E R E A S by the fifteenth section of t he fifth and sixth Victoria cap. seventy-six in t i tu led " An Act for the Government of New

South Wales and Van Diemen's Land" it is enacted tha t wi th the deduc­

tions and subject to the provisions thereinafter contained the whole of
H e r Majesty 's Revenue within t he Colony of New South Wales ar is ing from taxes dut ies rates and imposts levied on H e r Majesty 's subjects
within the said Colony shall be appropr ia ted by Ordinances to be for

t h a t purpose enacted by the Governor wi th t h e advice and consent of t h e Legislat ive Council of t h e said Colony and in no other m a n n e r A n d whereas by t h e fifty-third section of t he said Ac t after rec i t ing

t ha t an Ac t was passed in the n i n t h year of t h e reign of H i s la te

Majesty K i n g George t he Four th in t i tu led " An Act to provide for the

" Administration of Justice in New South Wales and Van Diernen's " Land and for the more effectual government thereof and for other pur- " poses relating thereto" which Act was cont inued by three Acts passed successively in the seventh year of t he reign of H i s late Majesty in the first and in t h e second years of the re ign of H e r Majesty and was after-

Awards cont inued wi th amendments by two Acts passed in t he third and

in t he four th years of t h e reign of H e r Majesty i t is provided tha t no th ing the re in contained shall extend or be construed to extend to repeal or abrogate any Law or Ordinance made in pur suance of t he said recited Acts or any of t h e m b u t t ha t every such L a w or Ordinance shall there­ upon be as valid and effectual as if every p a r t of t he said recited Acts h a d thereby been made pe rmamen t and it was also provided in and by t h e said fifty-third section of t he same Ac t t h a t i t shall be lawful for t he Governor and Legislat ive Council of t he said Colony in exercise of t he powers to t h e m respectively g ran ted by tha t present A c t and in the m a n n e r and subject to the rules thereinbefore prescribed to repeal vary or al ter all or any pa r t of t he same reci ted Acts or of any of t h e m or any Law or Ordinance made in pursuance thereof A n d whereas i t

" ' to continue until further provision shall he made certain Duties Tolls " ' Rates Fees and other sums of money imposed by the Governors of " ' New South, Wales and for other purposes as relates to the levying " ' Tolls in New South Wales and for raising a Fund towards making " ' repairing and upholding Public Roads Bridges and Ferries and for " ' regulating the collection of Tolls thereon' " and by the thir ty-ninth section of the Law or Ordinance passed by the Governor and Legislative Council

was by the said Ac t fur ther enacted t h a t it should take effect wi th in

the said Colony from the day of t h e Proc lamat ion thereof A n d whereas t h e said Act was proclaimed on the fifth day of J a n u a r y in t he year of

our Lord one thousand eight hundred and forty-three A n d whereas

by t he thirty-fourth section of t h e Law or Ordinance passed in t h e second year of t he reign of H i s la te Majesty K i n g Wi l l i am the Four th

in t i tu led " An Act for repealing so much of an Act intituled ' An Act

Council of t he said Colony in the s ixth year of H e r Majesty 's re ign in t i tu led " An Act to consolidate and amend the Law relating to Courts " of Requests and to extend the Jurisdiction of such Courts in the County " of Cumberland" cer ta in duties tolls ra tes and fees are authorized to be levied t aken and applied in t he manne r in t he said two several Laws or Ordinances directed A n d whereas by the fourth section of a cer ta in o ther Law or Ordinance passed in the seventh year of H e r Majesty 's re ign int i tuled " An Act to amend an Act intituled ' An Act " 'for giving relief to Insolvent Persons and providing for the admin- " ' istration of Insolvent Estates and to abolish Imprisonment for " ' Debt' " t h e fees authorized to be thereby t aken are declared to be payable to H e r Majesty and H e r Successors for t he suppor t of the Commissioners and other Officers of t he Insolvent Cour t thereby created and the i r necessary cont ingent expenses A n d whereas by the

t h i r t een th section of a certain other Law or Ordinance passed in the

e ighth year of H e r Majesty 's re ign in t i tu led " An Act to amend the " Laws regulating Trial by Jury in New South Wales in so far as " they relate to the Trial of Civil Causes" and also by the th i r ty- second section of a certain other Law or Ordinance passed in the eleventh year of H e r Majesty 's re ign in t i tu led " An Act to consolidate

" and amend the Laics relative to Jurors and, Juries in New South

" Wales" two several funds are created composed of certain fees and fines for t he payment of J u r o r s in civil cases which t h e Sheriff for the t ime being is directed to apply in the m a n n e r in the two last recited Laws or Ordinances directed A n d whereas a question has arisen in regard to t h e said two Laws or Ordinances so passed in the second year of t he reign of H i s late Majesty K i n g Wi l l i am t h e F o u r t h and in t he s ix th year of t he re ign of H e r Majesty whether the appropr ia t ion or delegation of appropr ia t ion thereby made be still in force or be repealed by the fifteenth section of the said Act passed in the fifth and sixth year of H e r Majesty 's re ign for the Government of New South Wales and V a n Diemen ' s L a n d A n d whereas it is expedient to determine the said quest ion and it is also expedient t ha t the said fourth section of the said Law or Ordinance so passed in the seventh year of H e r Majesty 's reign the th i r t een th section of the said Law or Ordinance so passed in the eighth year of H e r Majesty 's reign and the thir ty-second section of the said Law or Ordinance so passed in t he eleventh year of H e r Majesty 's reign be repealed in order to establish a uniform mode of appropr ia t ion of the Ordinary Revenue of the said Colony Be i t declared and enacted

by H i s Excel lency the Governor of New South Wales wi th the advice

passing of th is Ac t so m u c h of the said five reci ted Laws or Ordinances	and consent of t h e Legislat ive Council thereof Tha t from and after the
passed respectively in the second year of t he reign of His la te Majesty K i n g Wil l iam the F o u r t h and in t h e s ixth seventh e ighth and eleventh years of the re ign of H e r present Majesty as pe rmanen t ly appropr ia tes any duties tolls ra tes or fees authorized to be levied t aken and applied by any or ei ther of the said five recited Laws or Ordinances shall be and the same are hereby repealed.
2. A n d bo it fur ther declared and enacted That all duties tolls ra tes and fees so pe rmanen t ly appropr ia ted by the said several Laws or Ordinances passed respectively in t he second year of t h e re ign of H i s la te Majesty K i n g Wi l l i am the F o u r t h and in t he s ix th seventh e ighth and e leventh years of the reign of H e r present Majesty shall be paid to H e r Majesty H e r He i r s and Successors for t h e publ ic uses of t he said Colony and in support of t he Government thereof and shall be applied in such manner as may be from t ime to t ime directed by any Ac t of the said Governor and Legislat ive Council and in no other manner .

No . X V I I