Orders in Council




ORDER IN COUNCIL.

Regulations respecting delegation of powers to Superintendent under "Diseased Cattle Act, 1861."
G. GREY, Governor.

At the Government House, at Wellington, the eighteenth day of September, 1865.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by Warrants under the hand of his Excellency the Governor, bearing date this eighteenth day of September, one thousand eight hundred and sixty-five, the Governor has, with the advice and consent of the Executive Council of New Zealand, delegated to the Superintendents respectively of the Provinces of Auckland, Taranaki, Wellington, Hawke’s Bay, Nelson, Canterbury, Otago, and Southland, certain powers conferred on him by "The Diseased Cattle Act, 1861," subject to certain Regulations to be made by the Governor in Council under the said recited Act.

Now therefore his Excellency the Governor, with the advice and consent of the Executive Council of New Zealand, by virtue of the authority given to him by the 14th section of the above recited Act, doth hereby make and ordain the following Regulations:—

  1. Each Superintendent shall, immediately after exercising any of the delegated powers, notify the same to the Governor, and he shall transmit to the Governor particulars of all appointments and copies of all Regulations made by him.

  2. He shall, so soon as conveniently can be, notify all Regulations made by him to the Colonial Secretary or Chief Secretary of each of the Australian Colonies, and cause the same to be published in England in the Times newspaper.

  3. In the exercise of powers delegated under the 9th section of the said Act, the Superintendent of any Province may, either in the first instance or afterwards, from time to time, by Proclamation in the Government Gazette of the Province, except out of any district proclaimed as infected under the said Act, any port or place within the limits of such district, and every such excepted port and place shall be deemed not to be within the proclaimed district, and the Superintendent may also from time to time, by Proclamation as aforesaid, rescind any Proclamation of an infected district wholly or as to any part thereof, and also the Proclamation of any such exception as aforesaid.

  4. In the exercise of powers delegated under the 10th section of the Act, the Superintendent of any Province may prohibit the importation, either by land or by sea, of cattle into such Province from any other Province or any particular port or place in any other Province, or across the borders of a Province or any particular part thereof.

  5. In all such last-mentioned cases such Superintendent shall cause notice as speedily as possible of such prohibition to be given to the Superintendent of the Province from which the importation shall be prohibited, and also to the Governor.

  6. The Superintendent of any Province may in his discretion suspend or forbear to exercise all or any of the powers delegated to him under the said Act.

  7. The Superintendent of each Province shall, as soon as can be after the commencement of each sitting of the Provincial Council of such Province, lay before such Council copies and particulars of all the Appointments, Regulations, Acts, and Proceedings whatever, issued, made, or done by him under the delegated powers of the said Act.

  8. If the Provincial Council of any Province shall, by resolution, declare their dissent from all or any of such Appointments, Regulations, Acts, and Proceedings, such resolution shall be forthwith transmitted by the Speaker to the Governor for his consideration.

FOSTER GORING,
Clerk of the Executive Council.

ORDER IN COUNCIL.

Revoking an Order in Council of March, 1863, and otherwise Regulating the Exercise of the Miners’ Rights Franchise.
G. GREY, Governor.

At the Government House, at Wellington, this eighteenth day of September, 1865.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Miners’ Representation Act, 1862," section IX, it was enacted, "That it shall be lawful for the Governor in Council from time to time to make such rules and regulations as may be necessary for removing any obstacle of a technical or formal nature to the carrying out of the provisions of the said Act." And by "The Miners’ Representation Act Amendment Act, 1863," section IV, it was enacted that "the above clauses" (therein) "shall be read and construed as part of ‘The Miners’ Representation Act, 1862,’ and the provisions of the said Act shall apply to such licenses as aforesaid"—referring to the licenses mentioned in section II of the said "Amendment Act," in all respects in like manner as to Miners’ Rights.

And whereas by an Order in Council made in pursuance of the provisions of the first mentioned Act (and notified in the Government Gazette of the 5th March, 1863), a stamp bearing the words "Miner’s franchise exercised," was appointed "at each election as the distinguishing mark or stamp to be impressed upon every Miner’s Right in respect of which any person shall vote at such election."

And whereas by an Order in Council made in pursuance of the provisions of the first mentioned Act, and notified in the New Zealand Gazette of the 5th September, 1865, it was provided that whenever any person qualified to vote by virtue of Clause II of "The Miners’ Representation Act, 1863," shall have voted, in respect of such qualification, at any election of Gold Fields Members of the House of Representatives, or of Gold Fields Members of the Provincial Council of any Province, or for Members of the General Assembly or of a Provincial Council, the Returning Officer or Poll Clerk shall forthwith thereafter write upon the Miner’s Right held by such voter the word "exercised;" adding thereto the date of such vote, and the signature of such Returning Officer or Poll Clerk.

And whereas it is expedient that the two Orders in Council hereinbefore recited should be revoked, and other regulations made in their stead:

Now therefore his Excellency the Governor, with the advice and consent of the Executive Council of New Zealand, doth hereby revoke the said recited Orders in Council, and doth hereby direct that the following regulation shall be in force from and after the 1st day of October, 1865:—

A Stamp or Stamps bearing the words "Miner’s franchise exercised;" and the date of such exercise on each occasion, is hereby appointed at each election of Gold Fields Members of the House of Representatives, or of Gold Fields Members of the Provincial Council of any Province, as the distinguishing mark or stamp to be impressed upon every Miner’s Right, in respect of which any person shall vote at such election.

FOSTER GORING,
Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1865, No 386





✨ LLM interpretation of page content

🌾 Regulations for Delegation of Powers to Superintendents under the Diseased Cattle Act, 1861

🌾 Primary Industries & Resources
18 September 1865
Diseased Cattle Act, Delegation of Powers, Superintendents, Regulations
  • G. Grey, Governor
  • Foster Goring, Clerk of the Executive Council

⚖️ Revocation of Previous Order in Council and Regulation of Miners' Rights Franchise

⚖️ Justice & Law Enforcement
18 September 1865
Miners' Representation Act, Miners' Rights, Franchise, Elections, Regulations
  • G. Grey, Governor
  • Foster Goring, Clerk of the Executive Council