WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 7TH FEBRUA RY 1832 In pursuance of a Summons issued by direction of His Excellency the Governor the first Meeting of the Legislative Council was held at the Council Chambers at Perth in Western Australia on the 7th day of February 1832. Present His Excellency James Stirling Esquire, Governor and Commander in Chief The Honorable F.C. Irwin Esquire, Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire, Colonial Secretary The Honorable W.H. Mackie Esquire, Advocate General The oaths of allegiance, supremacy and abjuration and the declaration in lieu of the Sacramental Test were taken and made by the Members present when the Council was declared to be in Session. The following Rules were submitted by the Governor and adopted as the standing orders of the Council. ORDER 1. That the Governor or presiding Member appointed by His Majesty shall preserve Order and decide on disputed points of Order. He shall put all questions and take the sense of the Council thereon. COMMENCEMENT 2. That as soon as three Members inclusive of the Governor shall be present OF PROCEEDINGS after the Hour appointed for the Meeting of the Council, the Governor or Presiding Member will take the Chair and direct the Clerk to begin the Proceedings of the day. BILLS When to be read a 3. first time Clerk shall read the letter and Marginal Contents a first time Second Reading not 4. less than two clear convenient future day be appointed for the second Reading of the same, provided that days from first no such day be appointed within less than two clear days from such first reading. That when the Governor shall either present or transmit any Bill or Bills, the That immediately after every Bill be read as aforesaid, a first Time, some [1832] To be printed and sent 5. That every Bill after the first Reading as aforesaid be printed as soon as to Members possible and that the Clerk of the Council do forthwith transmit a printed Copy thereof to such a Member of the Council 6. Second Reading That upon the second reading of every Bill some future day be proposed for reading the same a third time and upon such proposal being made any Member shall Motion of be at liberty to move an amendment of such Bill and upon such Motion being seconded by some other Member the Council shall resolve itself into a Committee at Amendment which the Governor or presiding Member of the Council shall also preside, and such Committee shall discuss the several Provisions of such Bill and any proposed Committee amendments and adjourn such discussions from time to time as occasion may require in and report their proceedings and division upon such Bill and proposed Amendments Committee may be to the Governor for his consideration, and in case the Governor shall adopt such adjourned Amendments and the lay the same before the Council such Amendments shall be Discussion considered as part of the original Bill, and the same shall be read as such at the Time Amendment considered to be part of appointed for the Third Reading of such Bill. original Bill Amendment to be laid 7. That when any Amendment shall be submitted as aforesaid, the same shall before the Governor be fairly transcribed by the Clerk and carried to the Governor by two Members for His Excellency's consideration. Third Reading 8. That no alteration shall take place on the Third Reading of the Bill, and the only question to be put by the Governor or presiding Member on the whole Bill That the Bill pass generally shall be, "That this Bill do pass;" and if a division take place, the Clerk shall minute down the numbers of Votes for and against the Bill on the Journals. Private Bills how to 9. be prepared to examine, at the expense of the Parties whom it may concern. Suspension Standing Orders of 10. All private Bills must be drafted, printed and engrossed, ready for the Clerk That upon cases of emergency and also in cases where no amendment whatever shall be proposed to be made in the Bill, it may be moved that the Standing Rules relative to the Readings of a Bill be suspended and if adopted it may be carried through the several Stages at one Sitting.- 2 [1832] DISCUSSION Questions of Privilege 11. That all questions of privilege shall take precedence of every other subject. The to 12. That if two or more Members offer to speak at the same time, during the to discussion, the President shall call on the person so entitled in his opinion to pre- President decide as precedence audience. Division 13. That it shall be competent to any Member to divide the Council, upon any Bill or question; and upon such division those who are on the affirmative Side shall go to the right Hand, and those on the negative shall go to the left, and the Governor or presiding Member shall declare which side has the Majority. Question of 14. That an Adjournment of the discussion may be moved by a Member and Adjournment adopted or not by the Majority. Members allowed to 15. speak but once except once, except in explanation provided that the mover of any question be allowed the in explanation privilege of reply. Members to address 16. the chair standing shall stand while so doing. Improper conduct 17. That in discussing any question, no member be at liberty to speak more than That every Member shall in discussing any question address the chair and That all imputations of improper Motives shall be considered as being highly disorderly, and such conduct shall be minuted on the Journals, if it shall appear to a Majority of the Council to be necessary. THE CLERK. Subjects discussion to for 18. be numbered in succession the Subjects intended to be brought under discussion at each entered by the Clerk That the Clerk shall keep an Order Book in which shall be entered and Sitting. in Order Book Journal, how to be 19. He shall read all matters brought before the Council; he shall keep a Journal kept of proceedings, on which shall be entered in the order of succession all Subjects brought before the Council and shall number the proceedings of each day as of one general number. 3 [1832] Bills to be written on 20. He shall take care to have all Bills written in a fair text hand on parchment Parchment before the before the third reading. Third reading Attending 21. Committees their proceedings, and he shall see that the Messenger or Doorkeeper do attend. COMMITTEES. 22. Sub present, and the Members of every such Committee, shall be nominated by the Committees appointed by Council He or his substitute shall attend all Committees to minute down and copy That every Sub Committee shall be appointed by the Council or a Majority Governor or presiding Member, and ballotted for individually and elected by a majority of Balls or Slips, and the Senior Member so elected, shall preside in such Members nominated Sub Committee. by presiding Member Reports of Committee 23. That the Reports of such Committee shall be signed by the approving to be presented by Members, and be presented to the Council, by the senior Member of the Committee. Senior Member PETITIONS. Petitions may be 24. All Petitions or Bills before the Governor and Council may be presented by presented when the any Member, immediately after the Governor or presiding Member shall have taken chair is taken the Chair. Reading Petitions 25. It shall be competent for any Member to move that such petition be read and then the question shall be put whether the Petition shall be received. Members in presenting Petitions to 26. Members in presenting Petitions shall conform to the usages of the British Parliament in like cases as nearly as may be. conform to usages of British Parliament Petitions on private 27. Bills to be referred to examine the same and report thereon to the Governor and Council. All Petitions on Private Bills shall be referred to a Committee who shall a Committee Private persons Bills all interested may be heard before the Governor 28. In cases of private Bills or in cases where individual rights or Interests may be peculiarly affected all persons concerned may be heard before the Governor and Council, or a Committee thereof as may be ordered. and Council 4 [1832] Examining Witnesses 29. Petitioners required to requiring such Witnesses shall give in to the Clerk of the Council, a list containing give the names of the names residences and occupations of such Witnesses at least two days before the each to the Clerk two day appointed for the examination of such Witnesses. days previous When any Witnesses shall be intended to be examined, the Petitioner to examination Question put to 30. All questions intended to be put to such Witnesses shall first be taken down Witnesses only by the in writing by the Clerk and shall be put by the Governor or presiding Member. Governor Clerk to write down answer to any question. 31. Every answer to any such question shall be taken down by the Clerk and read over to the Witness who may then desire any correction to be made and in case no such correction shall be made such answer shall stand and shall not afterwards be altered. 32. In case of the examination of Witnesses at the desire of the Governor and Council, the foregoing Rules shall be observed. Stations for the Petitioner & 33. The Petitioner or his Counsel shall stand at the table, on the left of the Clerk of the Council and the Witness on the right. Witnesses Counsel to be noted 34. Counsel in attendance must be noted. Strangers to withdraw 35. On the motion of any Member of the Council that any strangers do on the motion of any withdraw, such strangers must withdraw as of course. Member The Governor gave Notice that at the next Meeting he would present a Bill for the constitution of a Civil Court for the administration of Justice. Adjourned (signed) M.J. Currie. ______________________ 5 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 10TH FEBRUA RY 1832 At a Meeting of the Legislative Council held at the Council Chambers on the 10th day of February 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esqre Senior Officer of His Majesty’s Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire, Advocate General. No One The Governor presented an Act for establishing a Court of Judicature, and moved that the Standing Orders be suspended relative to the Readings of a Bill. Read a first, second and third Time and passed Adjourned (signed) M.J. Currie. ______________________ 6 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 14TH FEBRUA RY 1832 At a Meeting of the Legislative Council held at the Council Chambers on the 14th day of February 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY THE GOVERNOR gave notice that on Friday next the 17th Instant he should submit a Bill for providing a Summary remedy for Trespasses committed by Cattle and other live Stock. Adjourned. (signed) M.J. Currie ______________________ 7 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 17TH FEBRUA RY 1832 At a Meeting of the Legislative Council held at the Council Chambers on Friday the 17th day of February 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ER O F TH E DAY No Two 1 (sic). The Order of the day having been read the Governor presented “a Bill for providing a summary [illegible] remedy for trespasses committed by Cattle and other Live Stock.” Vide Ordinance Book Page 11. THE GOVERNOR moved that the standing Orders be suspended The Bill was then read a First, Second and Third Time and passed. 2. THE GOVERNOR gave Notice that on Friday next the 24th instant he would present one “Bill for establishing an uniform mode of Conveyance” and another “Bill for the registration of Deeds, Wills, Judgements and Conveyances affecting real Property. Adjourned (signed) M.J. Currie ______________________ 24th February 1832 to Council (signed) M.J. Currie ______________________ 8 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 2ND MA RCH 1832 At a Meeting of the Legislative Council held at the Council Chambers, Perth on 2nd Day in March 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. The Orders of the day having been read the Governor moved that the consideration of a Bill for establishing an uniform mode of Conveyance, and the Bill for the Registration of Deeds, Wills, Judgements and Conveyances affecting real Property should be postponed, until a Bill for regulating the proceedings of the Quarter Sessions should have been first passed. Agreed to. No Three 2 (sic). THE GOVERNOR then presented the Draft of an Act entitled “an Act for regulating the constitutions of Juries and the Office of Sheriff.” After being read a first time THE GOVERNOR moved the suspension of the Standing Orders, which was agreed to. The Jury Bill was accordingly read a Second and third Time and passed. 3. THE GOVERNOR gave Notice that on Tuesday next he would submit to the Council a Bill for facilitating and securing the [illegible] of debts due to the Crown as also the Two Bills the consideration of which has been this day postponed. Adjourned signed M.J. Currie No Four An Act to extend the Jurisdiction and Regulate the proceedings of the Court of Quarter Sessions was also read and passed. ______________________ 9 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 6TH MA RCH 1832 At a Meeting of the Legislative Council held at the Council Chambers Perth on the 13th day of March 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY No Five (sic) The Orders of the day having been read THE GOVERNOR presented an “Act to secure the payment of debts due to the Crown” which being read a first time THE GOVERNOR moved the suspension of the Standing Orders - when the Bill was read a Second and third Time and passed. No Six THE GOVERNOR postponed the Bill for Establishing an uniform mode of Conveyance to Tuesday the 13th of Instant. 3. THE GOVERNOR presented a Bill for the Registration of Deeds Wills Judgements and Conveyances affecting real Property, which being read a first Time THE GOVERNOR moved that the standing Orders be suspended where the Bill was read a Second and third Time and passed Adjourned (signed) M.J. Currie ______________________ 10 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 13TH MA RCH 1832 At a Meeting of the Legislative Council held at the Council Chambers Perth on the 13th day of March 1832. Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY No Seven The Order of the day having been read, THE GOVERNOR presented a Bill to facilitate and simplify the Transfer of Real Property. The Bill having been read a first Time THE GOVERNOR moved the suspension of the standing Orders when the Bill was read a Second and Third Time and passed. 2. THE GOVERNOR then gave notice that on Friday next the 16th March he would present a Bill for levying a Duty on Spirits and Tobacco Adjourned (signed) M.J. Currie 16 March 1832 No Meeting of Council (signed) M.J. Currie ______________________ 11 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 20TH MA RCH 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 20th day of March 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY No Eight The Orders of the day having been read the Governor postponed sine die the introduction of the Bill for levying a Duty on Spirits and Tobacco. THE GOVERNOR presented a Bill to regulate the Sale of Spirituous and fermented Liquors by retail which was read a first Time. The Governor gave notice on Tuesday the 27th instant he should move the second reading of the above Bill Adjourned (signed) M.J. Currie ______________________ 12 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 27TH MA RCH 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on Tuesday the 27th day of March 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. The Order of the day having been read THE GOVERNOR moved the second reading of the Bill to regulate the Sale of Spirituous and fermented Liquors by Retail which was accordingly read a second time. THE GOVERNOR gave notice that on Tuesday the 3rd of April he should move the third reading of this Bill. Adjourned (signed) M.J. Currie 3rd April 1832 No Meeting of the Council 10th April 1832 No Meeting of the Council th 19 April 1832 No Meeting of the Council ______________________ 13 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 24TH APRIL 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 24th day of April 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. The Order of the day having been read namely the Governor to moot the third reading of the Bill to regulate the Sale of Spirituous and Fermented Liquors by Retail W. MACKIE proposed to substitute “One Gallon” for “Two Gallons” in the Second Clause, as the least quantity permitted to be sold by a Retail Dealer not being a Licensed Publican, when The Governor moved that the Bill be committed and, the Council having resolved itself into a Committee accordingly. The Governor proposed that in the first Clause for the words "from and after the passing of this Act", the words "from and after the first of July next" be substituted. Agreed to And that in the same clause for the Words "fifty Gallons" the words "forty Gallons" be substituted. Agreed to THE GOVERNOR then proposed that in the Second clause for the words “less quantity than two Gallons” the words “less quantity than one Gallon” be substituted in such place where they occur. agreed to. The Clauses from third to tenth inclusive were passed without any amendment. On the Eleventh Clause being read The Governor proposed to fill up the Blanks as follows, namely: for every License granted to Licensed Publican to retail at Perth or Fremantle “Twenty five Pounds” at Guildford, Augusta or King George’s Sound “Twenty pounds” at any other Place in the Colony “Ten Pounds”. 14 [1832] For every License to a Person not being a Licensed Publican, to retail at Perth or Fremantle “Twenty pounds”, at Guildford, Augusta or King George’s Sound “Ten Pounds”, at any other Place in the Colony “Five Pounds” Severally agreed to The Clauses from twelfth to twenty-second were passed without any amendment. On the twenty-third and last Clause being read the Governor proposed to fill up the Blanks limiting the duration of this Act to the 31st December 1834 and no longer Agreed to The Council having resumed, the Governor gave Notice that he should move the third reading of the Bill to regulate the Sale of Spirituous and fermented Liquors on the 1st of May next Adjourned. (signed) M.J. Currie ______________________ 15 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 1ST MAY 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 1st day of May 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. The Order of the day having been read THE GOVERNOR moved that the “Bill to regulate the sale of spirituous and fermented Liquors” be read a Third Time, which having been so read THE GOVERNOR proposed to negative the passing of this Bill for the purpose of reintroducing it with some trifling alterations, not affecting the general Principle of the Bill, and gave Notice that he would present it so altered on the 8th Instant when he would move the first reading, and the suspension of the standing Orders, that it may go through all its stages on that day. Adjourned (signed) M.J. Currie ______________________ 16 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 8TH MAY 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 8th of May 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable Peter Brown Esquire Colonial Secretary The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY No nine 1 (sic). The Order of the day having been read THE GOVERNOR presented a “Bill to regulate the Sale of Spirituous and fermented Liquors by retail” which having been read a first Time he moved the suspension of the Standing Orders when the Bill was read a Second and third Time and passed. 2. THE GOVERNOR presented a Bill for the regulation of Pilotage and Shipping in the Harbours of Western Australia which was read a first Time. THE GOVERNOR then gave Notice that on the 11th May he should move the second reading of the above Bill Adjourned (signed) M.J. Currie ______________________ 17 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 11TH MAY 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 11th day of May 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. The Order of the day having been read THE GOVERNOR moved the second reading of the “Bill for the regulating of Pilotage and Shipping in the Harbours of Western Australia” which having been read he moved the suspension of the standing Orders when the Bill was committed and the Blanks as to rates of Pilotage in Schedule from No.1 filled up. The Council having resumed The Governor moved that the Bill be read a third Time which was accordingly so read and passed. Adjourned (Signed) M.J. Currie ______________________ 18 [1832] WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 1ST JUN E 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 1st day of June 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. THE GOVERNOR presented a “Bill to impose certain duties on imported Spirituous Liquors” and moved that it be read a first Time which was accordingly done THE GOVERNOR gave Notice that on the 5th instant he should move the second reading of the said Bill Adjourned (signed) M.J. Currie ______________________ 19 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 5TH JUN E 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 5th of June 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General NO TI CES OF MOTION AND O RD ERS OF THE DAY 1. The order of the day having been read THE GOVERNOR moved the second Reading of the “Bill to impose certain duties on Imported Spirits which having been so read He moved that the Bill be committed for the purpose of making some additions to it. When the Council having resolved itself into a Committee an additional clause was introduced “that the Owners of licensed Warehouses be deemed to be Officers of the Customs. The Council having resumed, the Governor gave Notice that on the 8th Inst. he should move the third reading of the Bill. Adjourned. (Signed) M.J. Currie 8th June 1832 No Meeting of Council. ______________________ 20 WESTERN AUSTRALIA. _________________________________ Minutes of the Proceedings O F TH E LEGISLA TIVE COUNC IL 9TH JUN E 1832 At a Meeting of the Legislative Council held at the Council Chambers at Perth on the 9th of June 1832 Present His Excellency James Stirling Esquire Governor and Commander in Chief The Honorable F.C. Irwin Esquire Senior Officer of H.M. Land Forces The Honorable Peter Brown Esquire Colonial Secretary The Honorable W.H. Mackie Esquire Advocate General The Honourable J.S. Roe Esquire Surveyor General having taken the Oaths of Allegiance, Supremacy and Abjuration and made the declaration in lieu of the Sacramental test, took his Seat at the Council NO TI CES OF MOTION AND O RD ERS OF THE DAY The order of the day having been read THE GOVERNOR moved the third Reading of the Bill to impose certain Duties on imported Spirits which was accordingly so read and passed. Adjourned. (signed) M.J. Currie. ______________________ 21
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