77
Tasmania.
ར ད མིས་
PUBLIC RECORD
OFFICE
6
Reference :-
CO. 885
Where the Crown
is empowered, by
SIK,
Temple, October 9, 1856.
WE were honoured by Mr. Merivale's letter dated the 11th August ultimo, stating your request that we would favour you with our opinion on the following
Act of Parliament, questions:- to divide a Colony, and form the part severed into a new
one, this power does not extend to enable the Crown
1. Whether the Crown, in exercising the power of dividing the Colony of New South Wales, vested in it by the enactments which are set forth in Mr. Merivale's letter, can legally effect a division of the debt, or if it cannot effect such division, what will be the respective liabilities of the two Colonies in to divide the public regard to the debt so contracted by their hitherto joint Legislature. And Mr. Merivale is pleased to add that you would be obliged by our opinion as to the steps the Crown should be advised to take in this matter.
debt, which must
be effected either
by the Local Legis- lature prior to such division, or by Parliament.
And the second question was as follows, viz. :-
Whether, under the language of the Act 18 & 19 Vict., cap. 54, sec. 7, set forth in Mr. Merivale's letter, it would be lawful for Her Majesty to constitute in Moreton Bay a Legislative Council, similar to that which formerly existed in New South Wales, if this should appear to Her Majesty's Government more suitable to the present circumstances of Moreton Bay than the double Chamber which now exists in New South Wales?
We have considered the subjects referred to us, and have the honour to report-
That the present public debt of New South Wales is charged (by Acts of the Local Legislature passed and assented to by the Crown since the 18 & 19 Viet., cap. 54) upon the whole of the territorial revenues of the entire Colony, as now existing; and that the statutory powers vested in the Crown are not, in our opinion, sufficient to enable it to effect a division of this debt, which appears to us to present an insuperable objection to the proposed division of the Colony, without the aid of further legislation by the Local Legislature.
The public creditors advanced their money on the understanding that the entire Colony should be charged with their debt. There is no power to appor- tion the debt or to make arrangements for the application of the revenues of the Colony after its division; and we therefore recommend that no attempt should be made to exercise the parliamentary power of making a division of the Colony until the difficulty occasioned by the public debt has been removed by further legislation.
With respect to the second question, we think it clear that, whenever a division is made, the Government of the newly-created Colony must be the same as that existing in New South Wales at the time of such division, and consequently, if the division were now made, that it would not be lawful for Her Majesty to constitute, in Moreton Bay, a Legislative Council similar to that which formerly existed in New South Wales, but that a double Chamber would be necessary.
The Right Hon. H. Labouchere, M.P., &c.
&c.
&c.
We have, &c. (Signed) A. E. COCKBURN,
RICHARD BETHELL.
SIR,
No. 70.
COPY of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to Mr. MERIVALE.
Temple, June 18, 1855.
No. 70.
and Proclamation,
WE were favoured with your letter of the 1st ultimo, in which you stated Name of a Colony that you were directed by the Secretary of State to transmit to us copy of an may be changed by Address from the Legislative Council of Van Diemen's Land, praying that Her Order in Council Majesty would cause the name of Tasmania to be substituted for that of Van although such Diemen's Land: that the Colony is mentioned by the name of Van Diemen's name be used in Land in many Acts of Parliament, and in particular in the Act for the better Acts of Parliament. government of Her Majesty's Australian Colonies, 13 & 14 Vict., cap. 59: that
the Legislature was at present constituted under that statute, and had recently passed an Act amending its own Constitution under the power given by
section 32 thereof.
You then stated that you were to request that we would favour the Secre- tary of State with our opinion, whether in order to effect that change so as to give validity to future laws which might be enacted by the Local Legislature, under the style of the Legislature of Tasmania, or for other necessary purposes, an Act of Parliament would be required, or whether it could be done by the authority of the Crown, by the Commission of the Governor, or otherwise.
In obedience to your request, we have considered the question submitted to us, and beg to report—
That we are of opinion that the legal mode of effecting the proposed altera- tion in the name of the Colony of Van Diemen's Land into Tasmania, is by an Order in Council, followed by the Queen's Proclamation.
Herman Merivale, Esq..
&c.
&c.
&c.
We are, &c. (Signed)
South Australia.
No. 71.
A. E. COCKBURN, RICHARD BETHELL.
No. 71.
3 PUBLIC RECORD OFFICE, LONDON
I
SIR,
Copy of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to SIR J. PAKINGTON,
Temple, August 25, 1852.
WE were honoured with a letter, on the 13th instant, from Mr. Elliot, in Act authorizing which he stated that he was directed by you to transmit to us the transcript of subjects, to try the an Act passed by the Legislature of South Australia, on the 19th of December validity of their
claims against the last, entitled No. 14, "An Act to give relief to persons having claims against Local Government, the Local Government of South Australia, by authorizing them to try the how objectionable validity of such claims in a Court of Law or Equity."
as affecting pre-
And that an extract of so much of the despatch from the Lieutenant- rogative Governor as related to this Act was enclosed, and that he was to request that
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