No. 2.

VOTES A~D PROCEEDINGS OF THE

LEGISLATIVE COUNCIL.

WEDNESD.A Y, 15 0 OTOBER, 1851.

1. Presentation and Allowance of Speaker :- Council met pursuant to adjournment; the Speaker elect took the Chair. On motion of Mr. James Macarthur, the Council proceeded to Government House, and there presented their Speaker elect to His Excellency the Governor-General. The Council having returned, the Speaker reported that the Council had been to Government House and had there presented him to His Excellency the Governor­General, who had concurred in their choice of him to be their Speaker ; that he had, in their name and on their behalf, laid claim to all the rights and privileges properly appertaining to them, and that His Excellency the Governor-General bad confirmed to them all such rights and, privileges as fully and amply as heretofore. The Speaker then repeated his most respectful acknowledgments for the honor the Council had done him.

2. Opening the Session :-The Speaker also reported that His Excellency the Governor­General had been pleased to signify his intention of coming to the Council Chamber in person to-morrow, at Noon, to declare the purposes for which he has called the Council together, and to open the Session thereof.

3. Speaker's Commission to swear :-The Speaker further reported that he had been authorized, by Commission, under the hand of the Governor-General and Seal of the Territory, to administer the oath or affirmation prescribed by the 25th section of the Constitution Act, 5 & 6 Victoria, chap. 76, to be taken by each Member before he can sit or vote in the Council,-which Commission was read by the Clerk.

4. Declarations of Qualification :-The Speaker then reminded the Council that this was the proper time for the Elective Members to deliver to the Clerk their Declarations of Qualification, as required by the 3rd section of the Act of Parliament 7 & 8 Vic­toria, chap. 7 4. Whereupon the Speaker first, and then the other Elective Members present, handed to the Clerk their several Declarations of Qualification, as follows :-

"I, Charles Nicholson, do declare and testify, That I am seised at Law " or in Equity, of an estate in freehold, for my own use and benefit, in lauds or " tenements, in the Colony of New South Wales, of the value of two thousand "pounds sterling money, above all charges and incumbrances affecting the same;­" such estate being situate at Darlinghurst, in the City of Sydney, and County of " Cumberland, and consisting of the Dwelling-house in which I reside, and four " acres of Land adjoining thereto; and I further declare that I have not collusively " or colourably obtained a title to, or become possessed of the said lands and " tenements, or any part thereof, for the purpose of qualifying or enabling me to be "returned a Member of the Legislative Council of the Colony of New South " Wales."

CHARLES NICHOLSON. "I, James Martin, do declare and testify, That I am duly seised at Law or

" in Equity, of an estate of freehold, for my own use and benefit, in lands or tene­" ments, in the Colony of New South Wales, of the value of two thousand pounds " sterling money, above all charges and incumbrances affecting the same, that is to "say, forty-six acres of land in the district of Upper Nelson, in the county of Cum­" berland, bounded on the north-west side by Clower's farm, bearing east thirty-eight " degrees north thirty-five chains eighty links, on the north-east by a line east thirty­'' seven degrees south twelve chains forty links to a chain of ponds, thence by the " ponds to Davis's farm, on the south-east by Davis's farm west thirty degrees south " thirty-four chains fifty links to the Windsor Road, ::tnd on the south-west by that " road, together with the capital messuage or dwelling-house, stables, and other " buildings thereon erected and built; and also one hundred acres of land, in the "county of Northumberland, at Brisbane Water, commencing at Mulling's north­" east corner, and . bounded on the south by a line east fifty-three chains, on the east " by a line north twenty-five chains, on the north by a line west thirty-nine chains " to Brisbane Water, and on the west by that water ; of which said parcels of land " and the appurtenances I am seised in fee simple; and that I have not collusively It or colourably obtained a title to, or become possessed of the said lands and tene­" ments, or any part thereof, for the purpose of qualifying or enabling me to be tt returned a Member of the Legislative Council of the Colony of New South Wales."

JAMES MARTIN. 15tl~ October, 1851.

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" I, George Robert Nichols, do declare and testify, That T am duly seised at " Law or in Equity, of an estate of freehold, for my own use and benefit, in lands and "tenements, in the Colony of New South Wales, of the yearly value of one hundred " pounds sterling money, above all charges and incumbrances affecting the same, " that is to say, of an allotment of land in the City of Sydney, and County of Cum­" berland, having a frontage to Kent-street of forty-five feet, on which is erected a " dwelling house, now in the occupation of William Burns,-of two allotments of "land at Balmain (fifty and fifty-two of the Waterview Estate) in the said County, " on which is erected a dwelling house, known by the name of Amelia Cottage, for " an estate for my own life, -of six hundred and forty acres of land at Wollombi, in the " County of Hunter, bounded on three sides by Boucher's Grant, a Village Reser-ve, " and Richard Hill's G1·ant, in fee simple; of an allotment of land in the City of " Sydney, County of Cumberland, having a frontage of fifty-eight feet to Dowling­" street, being part of Hallen's Grant, in fee simple; and that I have not collu­" sively or colourably obtained a title to, or become possessed of the said lands " and tenements, or any part thereof, for the purpose of qualifying me to be returned " a Member of the Legislative Council of the said Colony."

.Dated this fou?·tewtl~ day of October, i?l the yea1· of Om· Lo1'd one thousand eight hund1·ed

a11d fifty-one.

GEO. R. NICHOLS .

" I, Arthur Todd Holroyd, do declare and testify, That I am duly seised in " Equity, as the owner of the Equity of redemption of an estate in freehold, for my "own use and benefit, in lands and tenements, in the Colony of New South Wales, " of the yearly value of one hundred pounds sterling money, above all charges and " incumbrances affecting the same, situate in Erskineville Lane, at Newtown, in the " County of Cumberland, and consisting of a dwelling-house and premises, of six acres " of land or thereabouts, surrounding the said dwelling-house and premises, and " of eight tenements erected thereon; and that I have not collusively or colourably " obtained a title to, or become possessed of the said lands and tenements, or any part " thereof, for the purpose of qualifying or enabling me to be returned a Member of " the Legislative Council of the Colony of New South Wales."

ARTHUR T. HOLROYD. Sydney, October 15th, 1851.

"I, William Charles Wentworth, do declare and testify, That I am duly " seised at J .. aw or in Equity, of an estate in freehold, for my own use and benefit, in " lands or tenements, in the Colony of New South Wales, of the yearly value of one " hundred pounds sterling money, above all charges and incumbrances affecting the " same, situate at Greendale, in the District of Bringelly and County of Cumberland; " and that I have not collusively or colourably obtained a title to, or become possessed " of the said lands and tenements, or any par t thereof, for the purpose of qualifying " or enabling me to be returned a Member of the J .. egislative Council of the Colony "of New South Wales."

W. C. WENTWORTH.

"I, James Brindley Bettingtou, do declare and testify, That I am duly " seised at Law or in Equity, of an estate in freehold, for my own use and benefit, "in lands m· tenements, in the Colony of New South Wales, of the yearly value of " one hundred pounds sterling money, above all charges and incumbrances affecting " the same, situate at Oatlands, in the Parish of the Field of Mars, in the County of " Cumberland ; and that I have not collusively or colourably obtained a title to, or " become possessed of the said lands and tenements, or any part thereof, for the " purpose of qualifying or enabling me to be returned a Member of the Legislative "Council of the Colony ofNew South Wales."

J . B. BETTINGTON. Sydney, 15th Octobe1·, 1851.

"I, John Rose Holden, do declare and testify, That I am duly seised at La\v " or in Equity, of an estate in freehold, for my own use and benefit, in lands or "tenements, in the Colony of New South Wales, of the yearly value of one hundred "pounds sterling money, above all charges and incumbrances affecting the same, " situate at the corner of Macquarie and Bent-streets, in the City of Sydney, in the "said Colony of New South Wales, consisting of five dwelling houses; and that T " have not collusively or colourably obtained a title to, or become possessed of the said " lands and tenements, or any part thereof, for the purpose of qualifying or enabling "me to be returned a Member of the Legislative Council of the Colony of New " South Wales."

J . R. HOLDEN.

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"I, Georg~ Bowman, do declare and testify, That I am duly seised at Law or " in Equity, of an estate in freehold, for my own use and benefit, in lands or tene­" ments, in the Colony of New South Wales, of the yearly value of one hundred " pounds sterling money, above all charges and incumbrances affecting the same, " situate at Prospect, in the District of Parramatta, in the County of Cumberland, " containing a grant of land of one thousand two hundred acres, and also a grant of "land of two thousand five hundred and sixty acres, situate near Jerry's Plains, in " the County of Hunter; and that I have not collusively or colourably obtained a " title to, or become possessed of the said lands and tenements, or any part thereof, " for the purpose of qualifying or enabling me to be returned a Member of the u Legislative Council of the Colony of New South Wales."

GEORGE BOWMAN. Sydney, Octobe·r ] 5th, 1851.

" I, Henry Grattan Douglass, do declare and testify, That I am duly seised " in Law or Equity, of an estate in freehold, for my own use and benefit, in lands "or tenements, in the Colony of New South Wales, of the yearly value of one hun­" dred pounds sterling money, above all charges affecting the same, being two " thousand seven hundred acres of land, in the County of Philip, part of which is " on the north side of the Cudgegong River, part at Tombong Creek, and part at " Louee Creek, at Peanglar, in said County; and that I have not collusively or " colourably obtained a title to, or become possessed of the said lands or tenements, " or any part thereof, for the purpose of qualifying or enabling_ me to be returned "a Member of the Legislative Council of New South Wales."

HENRY GRATTAN DOUGLASS.

ui, John Lamb, Commander in the Royal Navy, do declare and testify, That " I am duly seised at Law of an estate in freehold, for my own use and benefit, in " allotments of ground and tenements, in the Colony of New South Wales, of the " yearly value of one hundred pounds sterling, above all charges and incum­" brances affecting the same, viz.-Three tenths share of a wharf, stores, and offices, "situated in Fort-street, Sydney, abutting on the waters of Darling Harbour, and " which I hold in fee simple; and that I have not collusively or colourably obtained " a title to, or become possessed of the said wharf, stores, and offices, or any part " thereof, for the purpose of qualifying or enabling me to be retumed as a Member of " the Legislative Council of the Colony of New South Wales."

JNO. LAMB. Sydney, October 14th, 1851.

"I, James Macarthur, do declare and testify, That I am duly seised at Law " or in Equity, of an estate in freehold, for my own use and benefit, in lands or "tenements, in the Colony of New South Wales, of the yearly value of one hundred " pounds sterling money, above all charges and incumbrances affecting the same, "namely,-A Grant from the Crown to the late John Macarthur, Esquire, called " Camden Park, and another Grant from the Crown to Walter Stevenson Davidson, " Esquire, called Belmont, which Estates are situated in the County of Camden, and " which I hold in fee simple; aud that I have not collusively or colourably obtained a " title to, or become possessed of the said lands and tenements, or any part thereof, " for the purpose of qualifying or enabling me to be returned a l\'lember of the "Legislative Council of the Colony of New South Wales."

J AS. lYfACARTHUR. Sydney, 14th Octobe:r, 1851.

" I, Robert Fitzgerald, do declare and testify, That I am duly seised at Law " or in Equity, of an estate in freehold, for my own use and benefit, in lands or " tenements, in the Colony of New South Wales, of the value of two thousand pounds " sterling money, above all charges and incumbrances affecting the same, that is to "say-the dwelling-house and premises in which I reside, in the Town of Windsor, " in the County of Cumberland, in the said Colony, of which said dwelling-house and " premises I am seised in fee simple; and that I have not collusively or colourably " obtained a title to, or become possessed of the said lands and tenements, or any part " thereof, for the pw·pose of qualifying or enabling me to be returned a Member of " the Legislative Council of the Colony of New South Wales."

R. FITZGERALD. l5tlt Octobe1·, 1851.

" I, James Chisholm, do declare and testify, that I am duly seised at Law or " in Equity, of an estate in freehold, for my own use and benefit, in lands or " tenements, in the Colony of New South Wales, of the value of two thousand pounds "sterling money, above all charges and incumbrances affecting the same, to wit,­" twelve hundred acres, kno~ as" Kippilaw," situated on the Wollindilly River, in " the County of Argyle; two thousand acres, known as Gorham Park, situated on the "Wollindilly River, in the aforesaid County of Argyle; and seven hundred acres " adjoining the said two thousand acres, on the W ollindilly River, in the County of " Argyle, all of which lands T hold in fee simple; and that I have not collusively or " colourably obtained a title to, or become possessed of the said lands and tenements,

11 or any part thereof, for the purpose of qualifying or enabling me to be returned a "Member of the Legislative Council of the Colony of New South Wales.

JAMES CHISHOLM. "I

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u I, William Macarthur, do declare and testify, That I am duly seised at Law u or in Equity, of an estate in freehold, for my own own use and benefit, in lands or u tenements, in the Colony of New South Wales, of the yearly value of one hundred u pounds sterling money, above all charges and incumbrances affecting the same, " situate at Camden, namely-a grant from the Crown to the late John Macarthur, E s­" quire, called Melrose, and another Grant from the Crown to the said John Macarthm, " Esquire, called Cawdor; and that I have not collusively or colourably obtained a " title to, or become possessed of the said lands and tenements, or any part thereof, " for the purpose of qualifying or enabling me to be returned a Member of the Legis­" lative Council of the Colony' of New South Wales."

WM. l\iACARTHUR. Sydney, 15th October, 1851.

Then, on motion of the Colonial Secretary, the Council adjomned at a quarter before One o'olock, until to-morrow at Noon.

CHARLES NICHOLSON, Speaker.