I.—General Conduct of Business.
1. On the first day of the meeting of a new
Election of Speaker; first meeting of new Council
Council, the Clerk of Council shall read the names of members returned to serve in such Council, and the Council shall immediately thereafter proceed to the choice of some proper person to be their Speaker.
2. The House then proceeds to the election of
Standing Orders of House of Representatives to apply
a Speaker, in manner provided by Standing Orders of the House of Representatives, so far as the same can be made applicable to this Council.
3. Should the office of Speaker become vacant
Vacancy in office of Speaker
dining the existence of any Council, the same mode of procedure shall be adopted in the election of a successor as in the case of first election.
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Speaker to decide in cases for which no rules are made
4. In all eases not hereinafter provided for, Mr. Speaker shall decide, taking for his guide the rules, forms, and usages of the House of Commons, as far as the same can be applied to the proceedings of the Provincial Council.
Chairman of Committees may preside in the absence of Mr Speaker
5. Whenever the Council shall be informed of the unavoidable absence of Mr. Speaker, the Chairman of Committees is to take the chair for that day only; and, in the event of Mr. Speaker's absence continuing for more than one day, the Chairman of Committees shall, if the Council think fit and shall order it, take the chair in like manner on any subsequent day during such absence. Should the Chairman of Committees be also absent, the Council shall forthwith proceed to the election of a Deputy Speaker to act during the remainder of the sitting.
Election of Speaker and Acting Speaker
6. In the event of a division being called for upon motion for appointment of Speaker, or Acting-Speaker, and the Tellers reporting that the "numbers are equal," then the Clerk presiding shall be empowered to order the doors to be unlocked, and to take a second division in manner provided by Standing Orders; and, if necessary, to repeat the process till the Division Lists show a majority either in favor of "Aye" or "No."
Each sitting to be opened with prayer
7. At the first sitting each day the Council shall be opened with prayer.
8. The Council shall sit from day to day, except Saturdays and Sundays, during Session, subject to alteration by resolution; and on Wednesdays and Fridays Government business shall have precedence, as provided by Order No. 49.
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9. Mr. Speaker shall take the chair at two
Hours of meeting and rising each day
o'clock in the afternoon, unless otherwise appointed on motion without notice; and if after prayers there be not present a quorum (one-third of the members) Mr. Speaker shall adjourn the Council until the following sitting day at the usual hour; and if at any time after prayers notice be taken, or, on the report of a division by the Tellers, it appear that one-third of the members are not present, Mr. Speaker shall adjourn the Council without a question first put; and the Council shall rise daily at half-past five p.m., and resume its sittings at seven p.m.
10. When the Council is in Committee, at
Council to resume at 6.25 pm
twenty-five minutes past five p.m. Mr. Speaker shall resume the chair, and the Chairman of the Committee shall report progress, and ask leave to sit again.
11. If all motions shall not have been disposed
Motions not disposed of before half-past five p m
of at half-past five o'clock, the debate thereon shall be adjourned, and the Orders of the Day taken in rotation; but if there should be no Order of the Day, the debates on motions may be continued. The debates on motions may be resumed after the Orders of the Day are disposed of, on motion to that effect being put and carried.
12. Whenever Mr. Speaker is obliged to adjourn
the Council for want of a quorum, the hour at which such adjournment is made, and the names of the members then present, shall be be inserted in the journals of the Council.
13. Immediately after a call for a division, the
bell shall be rung, and at the expiration of three minutes the doors shall be locked.
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14. On division, an entry of the division list shall be made by the Clerk in the journals.
Addresses to Superintendent, by whom to be presented
15. All Addresses to the Superintendent shall be presented by or forwarded through Mr. Speaker, unless otherwise ordered by the Council.
A member may request that any question under discussion be read
16. Any member may of right require the question or matter in discussion to be read for his information at any time during the debate, but not so as to interrupt a member speaking.
Member not to speak twice on the same question. Exceptions
17. No member shall speak twice (except in Committees of the whole Council) on the same question, unless in explanation on some material point of his speech on which he had been misrepresented or misunderstood, and without introducing any new matter; but the mover of any question, not being an amendment, shall be allowed the liberty of reply; and after such reply, it shall not be competent to any member to speak to the subject in debate. And it shall be competent to a member, when he seconds the motion or amendment without speaking to it, to address the Council on the subject of such motion or amendment at any subsequent period of the debate.
18. Every member shall address the Chair when speaking.
19. Whenever any matter of privilege arises, it shall immediately be taken into consideration.
20. All motions shall be duly seconded before being put from the Chair.
Questions of order or privilege to supersede original motion
21. After a motion has been moved and seconded, and the question thereupon put from the Chair, any question of order, or any matter of privilege, which may arise, shall supersede the consideration of the original question, and must be first disposed of.
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22. In course of a debate upon a question, any
Motion—"That the debate be now adjourned "
member who has not spoken on the original question may move (except when a member is in possession of the Chair) "that the
Council do now adjourn but no discussion shall take place on the original question; and if this second question is resolved in the affirmative, the original question shall he held to be entirely superseded; and the Council shall immediately adjourn till the next usual hour of commencing a sitting; and if the motion for adjournment be negatived, it shall not be competent to propose it again without some intermediate proceeding.
23. In like manner, in course of a debate, any
Motion — "That the Council do now adjourn"
member who has not spoken on the original question, may move (except when a member is in possession of the Chair) "that the
debate be now adjourned till—(
Here insert the day when the debate is to be resumed)—but Mr. Speaker shall confine the discussion as nearly as may be to the question of adjournment, and if such motion be carried, its effect will be merely to defer the decision of the Council on the original question; and if the motion for adjournment be negatived, it shall not be competent to propose it again without some intermediate proceeding.
24. The member upon whose motion any debate
Mover of such motion entitled to pre-audience
shall be adjourned, shall be entitled to pre-audience on the resumption of the debate.
25. A member called to order by Mr. Speaker
shall sit down, unless permitted to explain.
26. If, in consequence of highly disorderly conduct,
Member called upon by name after explanation to withdraw
Mr. Speaker shall call upon any member by name, such member shall withdraw as soon as he
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has been heard in explanation; and after such member's withdrawal, the Council shall at once take the case into consideration.
Breach of order by a member: procedure
27. In the case of a charge against a member for any breach of the Orders of the Council, or on account of any matter that has arisen in debate, the charge shall be stated, and the question moved before the member accused shall withdraw; he shall then be allowed the opportunity of explaining to the Council the motives of his conduct in the matter alleged against him, and, after having so done, he shall withdraw.
28. While Mr. Speaker is putting a question, no member shall walk out of, or across the House; nor while a member is speaking, shall any member hold discourse to interrupt him, nor pass between him and the Chair.
When Mr Speaker rises, Council to be silent
29. Whenever Mr. Speaker rises during a debate, any member then speaking, or offering to speak, is to sit down, and the Council is to be silent, so that Mr. Speaker may be heard without interruption.
While Council counted members to retain their seats
30. During the counting of the Council (or Committee of the whole) each member present shall resume his seat, and keep the same till the result of the counting is announced.
31. On a motion made and passed "that the Council be called over" on any day therein named, Mr. Speaker shall cause circular letters to be addressed to all the members, requiring their attendance on that day.
32. No order for a call of the Council shall be made for any day earlier than fifteen days from the date of such order.
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33. All papers and documents laid upon the
Papers, &c, laid on the table to: be considered public
table of the Council shall be considered public (unless otherwise ordered), and may be printed.
II.—Petitions.
34. No petition shall be received after the
Council shall have proceeded to the Orders of the Day.
35. It shall be incumbent upon every member
Member presenting to acquaint himself with contents
presenting a petition to acquaint himself with the contents thereof, and to ascertain that it does not contain language disrespectful to the Council.
36. Every member presenting a petition shall
And to prefix his name thereto
affix his name at the beginning thereof.
37. Every petition shall be in writing, and
shall contain, at the end thereof, the prayer of the petitioners, and shall be written in the English language.
38. No letters, affidavits, or other documents,
No documents to be attached thereto
shall be attached to any petition.
39. No petition shall make reference to any
Nor is a petition to contain reference to any debate
debate in the Council, or to any intended motion.
40. No petition shall pray directly for a grant
Nor to pray for grant of money
of public money.
41. Any member presenting a petition, shall
Procedure on presenting a petition
confine himself to a statement of the description and numbers of the petitioners, and of the material allegations contained in the petition, and to the reading of the prayer thereof. It may be read upon motion without notice, and the only question which shall be entertained on the presentation of any petition shall be "that the petition be received."
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To be received as the petition of the parties signing
42. All petitions shall be received only as the petitions of the parties signing the same.
Private Petitions to stand referred to Private Petitions Committee
43. All private petitions shall stand referred to the Private Petitions Committee, unless otherwise ordered by the Council.
Copies of petitions to be forwarded to Government before presentation
44. Copies of all petitions making any claim upon the Government, or making any complaint against any Government officer, shall be forwarded to the Government before being presented to the Council.
III.—Motions.
When notice of motion to be given
45. No notice of motion for the next sitting day shall be received after the Council shall have proceeded to the Orders of the day, and no notice of motion shall be received for a period extending over more than four sittings days, and all notices for next day's Order Paper shall be given in before nine p.m.
Notice to be given before motion discussed
46. No member shall make any motion initiating a subject for discussion, but in pursuance of notice given at a previous sitting of the Council.
Motions for printing documents, petitions, &c
47. It shall be competent, on the presentation of any document, except a petition, to move without notice that it be printed, and to appoint a day for its consideration.
Motions to take precedence of Orders of the Day
48. Motions shall take precedence of Orders of the Day, except on Government days as hereafter provided, and be moved in the order in which they stand on the Order Paper, and, if not so moved, shall be expunged therefrom.
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49. Unless the Council shall otherwise direct,
Orders of the Day for Wednesdays and Fridays shall be disposed of before the Council proceeds with any motions of which notice shall have been given; and on such days Government Notices of Motions shall take precedence of all others.
50. After a motion shall have been read by
When read a motion to be deemed in possession of the Council
Mr. Speaker, it shall be deemed to be in possession of the Council, and shall not be withdrawn nor altered, without the unanimous consent of the Council.
51. Motions for the production of despatches
Form of motion for information emanating from Superintendent
or other correspondence addressed to the Superintendent, or for any information emanating from the Superintendent, shall be in form, "That an Address be presented to His Honor the Superintendent,' to that effect.
52. Motions for the production of Returns or
Form of motion for other official information
other information from the several departments of the Provincial service shall be in form, "That they be laid on the table."
53. When a motion or Bill shall have been
Motion or Bill rejected not to be introduced the same session without leave
rejected by the Council, no motion or Bill of the same argument and matter shall be brought forward during the same session without leave.
IV.—Lapsed Questions.
54. If a debate on any Motion or Order of the
How debates when interrupted by counting out &c may be resumed
Day be interrupted by the Council being counted out or adjourned, such Motion or Order may be restored to the paper for a future day, on motion upon notice, and then such debate shall be resumed at the point where it was so interrupted.
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Procedure if interrupted by motion being carried to "report progress" or "to leave the chair"
55. If the discussion on any question in a Committee of the whole Council be interrupted by a motion being carried "That the Chairman report progress," he shall, on reporting progress, ask leave to sit again; and if the discussion be interrupted by a motion being carried "That the Chairman do now leave the chair," the Council may order the resumption of such Committee on a future day, on motion upon notice, and in either case the discussion of such question shall be resumed at the point where it was so interrupted.
Motions and orders not called on, how dealt with
56. All Notices of Motion and Orders of the Day not called on during the day for which they are set down, shall be placed before the Motions and Orders of the Day for the next day on which the Council shall sit, subject to the provisions made in Order No. 49.
V.—Bills.
Bills, how to be introduced
57. Every Bill, except such as are transmitted by the Superintendent in pursuance of the Constitution Act, shall be introduced either by a motion for leave specifying the title and object of the Bill, or by a motion to appoint a Committee to prepare and bring it in, or by an order of the Council on the report of the Committee.
Member having leave to bring in a Bill to prepare it
58. The member having leave to bring in the Bill, shall prepare the draft of such Bill, with the necessary blanks to be filled up in Committee; and shall on an early day, present a fair copy thereof to the Council.
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59. No clause shall be inserted in any Bill,
Clauses in a Bill not to be foreign to its title
which shall be foreign to what the title of such Bill imports; and such matters as have no proper relation to each other shall not be intermixed in one and the same Bill.
60. No perpetual clause shall be inserted in
Bills for temporary objects not to include anything perpetual
any Bill, the provisions of which are intended to be temporary; and the temporary character of the Bill shall be declared in the title, and the precise duration mentioned in a distinct clause at the end thereof.
61. At the first and second reading of any
Bill, the title only shall be read by the Clerk; and the first reading shall take place without discussion.
62. Every Bill read a first time shall, on leave
Bills read a first time to be printed
obtained be printed with as little delay as possible, and two copies shall be provided for each member.
63. After the first reading of a Bill, its second
Direction for second reading
reading shall be made an Order of the Day for some future convenient day.
64. After a Bill shall have been read a second
Bills read a second time to be committed
time, the Council shall resolve itself into committee for the consideration of it in detail, unless it be deemed expedient by the Council that it shall be referred to a select committee; in which case, a committee for that purpose shall be at once appointed with the requisite instructions.
65. Bills in Committee of the whole Council
shall be debated clause by clause, the question being put upon each, leaving the preamble and title to be last considered.
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Bills reported with amendments
66. At the close of the proceedings of a Committee of the whole Council on a Bill, the Chairman is to report the Bill forthwith to the Council, and when amendments have been made thereto, the same are to be received without debate, and a time appointed for taking them into consideration.
Amendments verbal or formal
67. Amendments merely of a verbal or formal nature may be made on motion in any part of a Bill at any time during its progress through the Council or Committee.
68. Clerical and typographical errors may be corrected in any part of a Bill by the Chairman of Committees.
Bills when reported with amendments may be printed: Notice of motion for third reading: Recommitment
69. When a Bill shall have been reported with amendments, it may be ordered to be printed as amended; and notice may be given of a motion that it may be read a third time on a convenient day; and when the motion shall be made for the Bill being read a third time, it may, on a motion without notice, be re-committed for further amendment; and when again reported with amendments, a day may be fixed on motion without notice, for its being read a third time.
Certificate of Chairman of Committee required before Bill read a third time
70. Before a Bill shall be read a third time, the Chairman of the Committee shall certify that the amended copy is in accordance with the Bill as reported.
Procedure on third reading
71. On the third reading of the Bill, Mr. Speaker shall announce that the amended copy has been so certified by the Chairman of Committees, and the title only shall be read, unless on motion, without notice, made and seconded, that the Bill shall be read at length.
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72. No alteration or amendment not being
No motion to be made for amendment on third reading: Exception
merely verbal, shall be made in any Bill on the third reading, the question simply being that the Bill, in its then shape, be read a third time; but the addition of a clause may be made, and if passed, shall be added to the Bill.
73. If the clause proposed to be added to the
What if a clause be proposed to be added
Bill has for its object to impose a pecuniary fine, the Council shall not entertain it with Mr. Speaker in the chair. In order to fill up the blanks in such case, the clause must be read twice, and then committed to a Committee of the whole Council; after which, Mr. Speaker shall resume the chair, the clause shall be reported, read a third time, and passed with the Bill, if approved by the Council.
74. When a Bill shall have been read a third
Question "that this Bill do now pass "
time, it shall be delivered by the Clerk to Mr. Speaker, who shall put the question "That this Bill do now pass."
75. When a Bill shall have passed the Council,
Bill passed, how to be authenticated
Mr. Speaker shall sign the same, and the Clerk shall forthwith certify the date of its passing at the foot of the Bill.
76. All Bills, when passed, shall be presented
To be presented to the Superident
by or forwarded through Mr. Speaker to the Superintendent for assent and transmission to the Governor.
VI.—Committees Of The Whole Council.
77. In Committees of the whole Council, one-third
of the members of Council, inclusive of the Chairman, shall be a quorum.
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Procedure when not a quorum
78. If, during the progress of business, notice be taken that there are not present one-third of the members of Council, inclusive of the Chairman, the Chairman shall announce that there is not a quorum present, and immediately leave the chair; and Mr. Speaker shall resume the chair for the purpose of adjourning the Council.
Procedure on committee breaking up for want of quorum
79. When Mr. Speaker shall have resumed the chair on the breaking up of the Committee owing to the requisite number of members not being present, the Chairman shall inform Mr. Speaker thereof, but make no further report. If the Council be then complete it shall again resolve itself into a Committee of the whole Council; but if not, Mr. Speaker shall forthwith adjourn the Council, and the question under consideration shall lapse.
Rules to be observed in committee
80. The Rules of the Council shall be observed in a Committee of the whole Council, except the rule limiting the number of times of speaking, and the rule requiring that motions be seconded.
VII.-Select Committees.
81. No Select Committee shall consist of less than three or of more than seven members, without leave from the Council on motion upon notice.
Not compulsory on Speaker to serve on committees
82. It shall not be compulsory on Mr. Speaker to serve on any Select Committee.
Member proposing committee to be member thereof
83. Any member upon whose motion a Select Committee shall be appointed shall be one of the Committee without being named.
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84. Every notice of motion for the appointment
Notice of motion for select committee to contain names of proposed members
of a Select Committee shall contain the names of the members proposed by the mover to serve on such Committee.
85. Upon motion for a Select Committee, any
Mode of electing select committees
member of the Council may require such Committee to be formed in the manner following, viz.:—Each member shall give in to the Clerk a list of the members proposed by him to serve on such Committee, not exceeding the number originally proposed, exclusive of the mover himself; and if any such list contains a larger number of names it shall be rejected; and the members reported by the Clerk to have the greatest number of votes shall be declared by Mr. Speaker to be, with the mover, the members of such Committee; and in case of two or more members having an equality of votes, Mr. Speaker shall decide by lot which of them shall serve on such Committee.
86. Any notice of motion for discharging,
Addition, &c, to select committee, how to be made May sit during adjournment
adding, or substituting members of a Select Committee, shall contain the names of such members; and Select Committees shall have leave to sit after any adjournment of the Council, notwithstanding that such adjournment shall be for a longer period than till the next day.
87. In all Select Committees three shall be a
quorum unless otherwise provided in the Order of Reference.
88. Every Select Committee, previously to the
commencement of business, shall elect one of its members to be the Chairman, who shall have a deliberative as well as a casting vote.
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Mode of examining witnesses
89. The examination of witnesses before every Select Committee shall be conducted as follows, viz:—The Chairman shall first put to the witness, in nninterupted series, all such questions as he may deem essential. The Chairman shall then call upon the other members severally by name, in the order of their sitting, to put further questions. All questions and replies, or either, at the discretion of the Committee, shall be reduced to writing and signed by the witness, and the name of every member interrogating a witness shall be prefixed to the questions asked.
90. Every Report of a Select Committee shall be signed by the Chairman thereof.
Lists of committees to be posted
91. A list shall be affixed in some conspicuous place in the Council Chambers, and also in the Lobby, of all members serving on Select Committees.
Power to call for evidence to be asked for
92. Whenever it may be considered necessary to examine witnesses, special application shall be made to the Council for power to call for papers, persons, and reports, and for leave to report from time to time.
Chairman to report to Mr. Speaker in eases or special expenditure
93. It shall be incumbent upon the Chairman of each Select Committee to report to Mr. Speaker, for the information of the Council, any case calling for special expenditure for attendance of witnesses, &c., previous to the summoning of such witnesses.
Day to be fixed for reporting
94. On the appointment of every Committee, a day shall be fixed for reporting the proceedings to the Council, and on or before such day the Seal report of the Committee shall be brought
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up, unless further time shall have been moved for and granted.
95. Upon the presentation of a report, no discussion
No discussion to be on presenting report
shall take place; but the report shall be laid on the table, and may, on question put and passed, be printed, together with the appendix and reported evidence.
96. If any measure or proceeding be necessary
Specific motion on report
upon the report of a Committee, such measure or proceeding shall be brought under the consideration of the Council by a specific motion, of which notice must be given in the usual manner.
VIII—Messages.
97. Whenever a message from the Superintendent
From Superintendent when announced other business to be suspended
shall be announced, the business before the Council shall be immediately suspended, and the bearer of the message introduced into the body of the Council to deliver the message to Mr. Speaker.
98. Mr. Speaker shall immediately read the
message to the Council, and, if necessary, a day shall be fixed for taking the same into consideration.
99. During the reading of a message from the
And members to be uncovered
Superintendent, members shall remain uncovered.
IX.—Strangers.
100. On the request of any two members, or
To withdraw when requested by Speaker
in his own discretion, Mr. Speaker shall at any
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time order strangers to withdraw, and such strangers shall immediately withdraw.
Liable to fine and imprisonment for certain acts
101. If any person not being a Member of the Council shall, within the place of assembling of the Council, refuse or neglect to obey the order of Mr. Speaker, or shall otherwise wilfully disturb the Council, such person shall be liable to pay such penalty, not exceeding Twenty Pounds, as shall be imposed by this Council, and in default of payment thereof shall be liable to be imprisoned in some common gaol, or other convenient place to be named by Mr. Speaker, for a period (not exceeding one month) to be fixed by this Council, or until such fine be paid.
X.—Contempt.
By absence after call of the Council,
102. Any member not attending in compliance with an order for the call of the Council, without reasonable excuse, shall be held guilty of contempt.
By absence for more than three days
103. No Member shall absent himself for more than three days at a time without leave; and any member infringing this order, and not excused, shall be held guilty of contempt.
104. Any member who shall wilfully disobey any order of the Council, and any member who shall wilfully and vexatiously interrupt the orderly conduct of the business of the Council, shall be guilty of contempt.
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105. Any member adjudged by the Council for any of the causes hereinbefore mentioned guilty of contempt, shall be fined in a penalty at the discretion of the Council, not exceeding Twenty Pounds; and in default of immediate payment, shall be committed by warrant of Mr. Speaker to the custody of the Sergeant-at-Arms, or some officer appointed by Mr. Speaker, to detain the said member in his custody for the period directed by the Council, unless sooner discharged by the order of the Council, or unless the amount of the fine imposed shall be sooner paid.
XI.—Standing Orders.
How Standing Orders may be suspended
106. Any Standing Order or Orders of the Council may be suspended on motion duly seconded, made without notice, provided that two-thirds of the Members be present, and provided also that two-thirds of those present consent; but notice shall always be given when practicable.
Alteration &c of Standing Orders
107. No proposal for altering or annulling any Standing Order or Orders of the Council shall be entertained, except when two-thirds of the whole number of members are present, and when notice extending over at least four sitting days has been given.
Duration of Standing Orders
108. The whole of these Standing Orders shall continue in force only until the expiration of six sitting days after the opening of the first Session of the next Council.
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Passed the Provincial Conncil,
May 31, 1871.
John L. Gillies,
Speaker.
Chas. Smith,
Clerk of Council.
Message No. 4.
The Superintendent has approved of the Standing Orders adopted by the Provincial Council this day.
J. Macandrew,
Superintendent.
May 31, 1871.
Printed under the authority of the Provincial Government of Otago, by Mills;, Dick & Co., Stafford-street, Printers to the said Provincial Government for the time being.