CHARTER OF NATAL. [Letters Patent, dated 15 July 1856.] No. 113. Erecting the District of NATAL into a Separate Colony and Providing for the Government thereof. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to all to whom these presents shall come, Greeting: WHEREAS We are desirous of making provision for the more effectual Government of the Territories occupied by Our Subjects throughout the District of Natal in South Africa. [Letters Patent of 31st May 1844, of 30th April 1845, and of 2nd March 1847, recited.] And whereas by certain other . . . Letters Patent bearing date at Westminster the fifteenth day of January, one thousand eight hundred and fifty . . . We did declare Our will and pleasure that if at the time of the death, absence or incapacity of Our Lieutenant-Governor of Our said District of Natal there should be no person within Our said District commissioned to be such Lieutenant-Governor, then and in every such case the Senior Officer for the time being in command of Our Troops in Our said District should take upon himself the administration of the Office of Lieutenant-Governor of Our said District until some person should have been provisionally appointed by Our Governor of Our Colony of the Cape of Good Hope or by the officer for the time being administering the Government of Our said Colony, to administer the aforesaid Office of Lieutenant-Governor of Our said District of Natal, And whereas in all the above recited Letters Patent We did reserve to Ourselves power to revoke the same, [1] Now Know Ye That We have revoked and determined and do by these presents revoke and determine the aforesaid several recited Letters Patent and all and every the clauses, articles and things therein contained except as hereinafter provided, so far only excepted, and no further, that the Legislative Council of Our said District of Natal as constituted by Our said recited Letters Patent of the second day of March, one thousand eight hundred and forty-seven, in the tenth year of Our Reign shall continue to hold, exercise and execute all and every the authorities, powers and functions given and granted by Us to the said Council by Our said Letters Patent, until the return of the first Writs for the election of the members of the future Legislative Council as constituted under and by virtue of these presents, and no longer. And further Know Ye That We of Our especial grace, certain knowledge and mere motion have thought fit to erect and do hereby erect the said District of Natal into a separate Colony, and the same is hereby erected into a separate Colony accordingly, to be called the Colony of Natal. [2] And We do hereby declare and appoint that the Government of Our said Colony shall be administered by a Governor duly commissioned by Us, or in the event of his death, incapacity or absence from Our said Colony, or if no Governor shall have been commissioned by Us, by a Lieutenant-Governor [or other person duly appointed]. [3] And We do hereby grant, appoint and ordain that all the powers, directions and authorities hereby given and granted to Our Governor for the time being of Our said Colony of Natal shall be and the same are hereby given and granted to Our Lieutenant-Governor for the time being of Our said Colony or other person for the time being administering the Government of Our said Colony until Our further pleasure shall be signified thereon. [4] And We do hereby authorize and empower Our Governor of Natal to keep and use the Public Seal appointed for the sealing of all things whatsoever that shall pass the seal of Our said Colony. [5] And whereas it is expedient that there shall be an Executive Council to advise and assist Our Governor of Natal, We do by these Our Letters Patent authorize and empower Our said Governor to summon as an Executive Council such persons as shall from time to time be named or designated by Us in any instructions under Our Sign Manual and Signet addressed to him in that behalf. [6] And whereas it is expedient to alter the constitution of the Legislative Council of the said Colony, We do hereby grant, appoint and ordain as follows: We do hereby authorize and empower our said Governor of Natal with the advice and consent of the Legislative Council thereof to make all such laws as may be necessary for the peace, order and good government of the said Colony, provided that the same be not repugnant to the Laws of England. [7] The Legislative Council of Natal shall consist of sixteen members, of whom twelve shall be elective and four nonelective. [8] The non-elective members shall consist of such Public Officers within the said Colony or of such other persons within the same as shall from time to time be named or designated for that purpose by Us by any instruction or instructions or warrant or warrants to be by Us for that purpose issued under Our Sign Manual and Signet with the advice of Our Privy Council which said Councillors shall hold their places in the said Council at Our pleasure. [9] It shall be lawful for Our said Governor upon the death, resignation, incapacity or absence from the said Colony of any such non-elective members of the Legislative Council to appoint a substitute who shall act provisionally in the place of such member until other provision shall be made by Us. [10] The elective members shall be chosen by the electors of the following eight electoral districts, that is to say: I. Two for the County of Klip River. 4. Two for the County of Pietermaritzburg. 6. One for the County of Victoria. 7. Two for the Borough of Pietermaritzburg. [11] Every man, except as hereinafter excepted, above the age of twenty-one years, who possesses any immovable property of the value of Fifty pounds or who rents any such property of the yearly value of Ten pounds within any electoral district and who is duly registered in manner hereinafter mentioned, shall be entitled to vote at the election of a member for such district. When any such property as aforesaid is occupied by more persons than one as proprietors or renters, each of such occupants being duly registered shall be entitled to vote in respect of such property, provided the value, or as the case may be, the rent thereof, be such as would entitle each of such joint occupants to a vote if equally divided among them. [12] Aliens, not having been naturalized by some Act of the Imperial Parliament, or of the Legislature of Natal, and persons who shall have been convicted of any treason, felony, or infamous offence, and shall not have received a free pardon, shall not be qualified to vote at any such election. [13] No person shall be capable of being elected a member of the Legislative Council unless he shall be a duly qualified and registered elector for some electoral district in the Colony, nor unless he shall have been invited to become a candidate for such election, by at least ten electors of the County or Borough which it is proposed he shall represent; nor unless such requisition shall have been transmitted to the Resident Magistrate of the County or Borough with a notification of the said Candidate's acceptance thereof, at least fourteen days before such election is appointed to take place. [14] If, in ́any electoral district, any person shall sign requisitions to more than one Candidate for each vacancy in the 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...1 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. |