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Canterbury Provincial Ordinances |
5. The Limitation Of Patronage Ordinance 1853.
An Ordinance to Restrain Members of the Provincial Council of the Province of
Canterbury holding Offices of Trust and Emolument under
the Government thereof,
without the consent of the Electors.
Whereas it is expedient that Members of the Provincial Council of the
Province of Canterbury should not hold or enjoy Offices of Trust
and Emolument
under the Government without the consent of the Electors first obtained:
Be it therefore enacted by the Superintendent of the said Province, With the
advice and consent of the Provincial Council thereof,
as follows:—
1. Superintendent may not appoint Members of the Provincial Council to
Offices.
From and after the passing of this Ordinance, it shall not be lawful for the Superintendent to appoint any person, being a Member of the Provincial Council, to any Place or Office under the Government, to which shall be attached any salary or emolument payable out of the Public Revenue, unless such person
shall first, by writing under his hand, have resigned his seat in the Provincial
Council.
2. Superintendent may not make contracts with Members of Provincial
Council.
It shall not be lawful for the Superintendent, on the part of the Government, to enter, or to authorize any one on his behalf to enter into any Contract or Agreement with any person, being, at the date thereof, a Member of the Provincial Council, by which such person shall become entitled to receive, directly or indirectly, any sum or sums of money of the Public Revenue, unless such person shall first, by writing under his hand, have resigned his seat in the Provincial Council; and such Appointment, Contract or Agreement shall be absolutely null and void, and such person shall not be entitled to Sue or recover thereupon in any Court of Law or Equity. Provided always, that nothing herein contained shall be construed to Extend to any Contract or Agreement entered
into as aforesaid for any goods to be supplied, or for any service to be
performed by any Member of the Provincial Council, whereby
he may become
entitled to receive any sum from the Public Revenue not exceeding in amount
twenty pounds sterling durin any one year.
3. Not to apply to Shareholders in Companies.
Provided always, that nothing herein contained shall be applied to prevent the
Superintendent from entering, or from authorizing any one on his behalf to enter
into any such Contract or Agreement with the Agent or Agents of any Company
in which any Member of the Provincial Council may be a
Shareholder.
4. Persons holding Offices, &c., may be elected to the Provincial
Council. Provided always, that nothing herein contained shall prevent any
person who shall have been appointed to any such Place or Office
as aforesaid,
or who shall have entered into any such Contract or Agreement as aforesaid, from
being elected to be a Member of the
Provincial Council at any time
thereafter.
5. Title.
This Ordinance shall be entituled the " Limitation of Patronge Ordinance,
Session I., No. 5; " and reference thereto by such title
shall constitute a
sufficient recital of the whole Ordinance.
Notes.
This Ordinance was passed by the Canterbury Provincial Council on 11th
November 1853, and assented to by the Superintendent on 22nd November.
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URL: http://www.nzlii.org/nz/legis/can_ord/lopo1835293